SAVE Legislation .pdf

Teacher Removal of Disruptive Students (Section 3214 of Education Law)

NYSUT was successful in achieving the legal right of teachers to remove “disruptive” students from their classrooms consistent with the discipline measures contained in the code of conduct and state and federal laws and regulations.3 This right affords teachers clear authorization to remove students from their classrooms when the teacher determines that the behavior of certain students substantially impedes the educational process or interferes with the teacher’s classroom authority. This legislation does not inhibit teachers from using various behavior management strategies, techniques and interventions to deal with the behavior of students that may not warrant removal from the classroom.

A teacher’s decision to remove a disruptive student may not be overturned by a principal unless:

  • The charges are not supported by substantial evidence;
  • The conduct is severe enough to warrant suspension from school and a suspension is imposed; or
  • The student’s removal is in violation of law.