Legal Question in Education Law in New York

Removal of disruptive student

My wife is a middle school social studies teacher. She has a student this year that the word disruptive doesn't even begin to explain his problem. Basically the kid doesn't do any work and at the same time is always getting out of his chair to roll on the floor or bang on other students desks. The school psychologist and the special education director do nothing but make excuses and want the teachers on the grade to make every accomodation for him. My wife and the instuctional aide waste so much time in class to control him that the other students are suffering in their education. The other classes that he is not in a much further along in their lessons because of the lack of this wasted time. The parents refuse to medicate the child and insist on using various non-effective methods that get nowhere. My question is, are there any laws on the books that can allow for the removal of said child as he is clearly hurting the progress of the rest of the class, or the greater good? It seems that those in charge (parents/administrators) clearly do not have his best interests or the best interests of his classmates at heart. Is there anything that can be legally done to remedy this situation?

Asked on 11/01/06, 10:33 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Removal of disruptive student

If neither the school district nor the parent want the child removed from the class, there is nothing your wife can do. If this is a special education class, the district could request that the child be moved to a more appropriate setting. If this is a general education class, the administration would have to evaluate him before recommending a special education class. And even so, the parent could object. An impartial hearing officer would decide if such a classification was or was not appropriate.

It's a shame that your wife is stuck in this situation. As a former teacher and an Impartial Hearing Officer/Special Education attorney, I know this is a lose-lose situation for both the teacher and the students who are suffering.

Keep the faith!

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Answered on 11/01/06, 2:10 pm

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