Full statute view
§ 21-4-308. Student discipline; employee authority; classroom removal; diplomas.
(a) As used in this section:
(i) “Classroom removal” means an exclusion of a student from the student’s assigned classroom when the school district employee initiating the exclusion or the school principal or the principal’s designee determines that the student should not return to the assigned classroom at the next regularly scheduled class meeting without administrative review or further action. The term does not include a temporary classroom referral;
(ii) “School district property” means any property owned or leased by a school district, including classrooms, property where any school district or school-sponsored activity takes place, as defined by W.S. 21-3-137(a)(v), regardless of location, and vehicles utilized for transportation to or from school or school-sponsored activities;
(iii) “Temporary classroom referral” means directing a student to the school principal, the principal’s designee or another supervised setting for ordinary classroom management, de-escalation or the imposition of a disciplinary consequence, with the expectation that the student may return to the assigned classroom at the next regularly scheduled class meeting. A temporary classroom referral may continue for the remainder of the instructional period in which the referral occurs and shall not constitute a classroom removal for purposes of this section.
(a) (c) Each board of trustees in each school district within the state mayshall adopt rules for or policies governing student discipline applicable to students enrolled in the school district. The policies or rules shall provide reasonable forms of punishment and disciplinary measures and procedures designed to maintain a safe and orderly learning environment while protecting the opportunity for all students to learn. Subject to such rules, teachers, principals, and superintendents in such district may impose reasonable forms of punishment and disciplinary measures for insubordination, disobedience, and other misconduct. The policies adopted under this subsection shall:
(i) Authorize school district employees to enforce district policies and school rules governing student conduct applicable to students under the employee's supervision;
(ii) Establish procedures governing temporary classroom referrals and classroom removals consistent with this section;
(iii) Establish procedures for identifying and responding to patterns of student conduct that materially interfere with teaching, the opportunity of other students to learn or the safe and orderly operation of the school;
(iv) Designate the school principal or other administrator, and any designee, to receive and act upon referrals under this section and other matters involving student discipline in accordance with district policy. For purposes of this section, “designated official” means the official designated pursuant to this paragraph;
(v) Establish a process for the early identification of and behavioral support for students who: (A) Engage in violent, threatening or abusive conduct or conduct creating a safety risk to students or school district personnel; or (B) Are subject to classroom removal on three (3) or more occasions within sixty (60) consecutive school days, whether from the same or different classrooms, or a lower threshold established by district policy;
(vi) Provide disciplinary measures reasonably related to the nature, seriousness, frequency and circumstances of the student's conduct and, when appropriate, the student's age and developmental needs.
(d) Subject to applicable state and federal law and school district rules and policies, a school district employee may: (i) Remove a student from the location of the disruption on school district property when the student's conduct: (A) Is violent, threatening or physically dangerous; (B) Creates a safety risk to students or school district personnel; or (C) Materially interferes with the opportunity of other students to learn or with the safe and orderly operation of the school, including conduct that is abusive, uncontrollable or disruptive; (ii) Initiate a temporary classroom referral; (iii) Request assistance from school administrators or other school district personnel; (iv) Refer a student to the designated official for disciplinary action or behavioral intervention.
(e) The following procedures shall apply to a classroom removal pursuant to this section: (i) A removal authorized under paragraph (d)(i) of this section does not, by itself, constitute a classroom removal, and this subsection does not apply to a temporary classroom referral; (ii) If a school district employee determines that a student's conduct warrants a classroom removal, the employee may request that the student not return to the assigned classroom pending administrative review; (iii) Upon a classroom removal, the designated official shall review the circumstances giving rise to the classroom removal and determine the appropriate disciplinary action or behavioral intervention;
(iv) Before determining the appropriate disciplinary action or behavioral intervention following a classroom removal, the designated official shall consult with the school district employee who initiated the classroom removal regarding the appropriate response;
(v) Consistent with applicable law, the designated official shall provide the school district employee who initiated the classroom removal written notice of the disciplinary action or behavioral intervention implemented in response to the student's conduct. If the disciplinary action or behavioral intervention differs substantially from the employee's recommendation, the notice shall include the reasons for the difference; (vi) A student subject to a classroom removal shall continue to receive educational services; (vii) A student subject to a classroom removal shall not be returned to the assigned classroom until a written re-entry plan has been developed as soon as practicable, but not later than two (2) school days after the classroom removal; (viii) The written re-entry plan shall include the conduct resulting in removal, the action or intervention imposed, documentation of parent contact, input from the employee who initiated removal, behavioral supports, necessary safety measures and a process or date for reviewing effectiveness.
(f) Subject to applicable law and school district policy, the designated official, the school district superintendent or, in the case of a suspension or expulsion, the board of trustees may impose: (i) Placement in an alternative classroom or other supervised educational setting; (ii) In-school suspension; (iii) Suspension or expulsion in accordance with W.S. 21-4-305 and 21-4-306.
(g) Before imposing a disciplinary consequence authorized under paragraphs (f)(i) or (ii), the student shall be afforded an opportunity to be heard regarding the conduct giving rise to the proposed disciplinary consequence, except when doing so would jeopardize safety or is otherwise impracticable. An opportunity to be heard means, at a minimum, an informal meeting and does not require a formal hearing.
(h) The designated official shall: (i) Provide written notice to the student's parent or guardian of any classroom removal; (ii) Following any classroom removal resulting from violent, threatening or physically dangerous conduct, or upon initiation of the behavioral intervention process, schedule a conference with the student's parent or guardian within ten (10) school days or document why the conference could not be held; (iii) A parent's or guardian's inability or refusal to participate shall not delay necessary school-safety action.
(j) A school district employee requesting assistance in carrying out an action authorized under this section shall receive assistance from other appropriate school district personnel, including the designated official, as soon as reasonably practicable.
(k) A school district employee shall not be subject to adverse employment action solely for making a good faith report, initiating a temporary classroom referral, requesting or initiating a classroom removal or otherwise exercising authority authorized by this section in accordance with district policy.
(m) Nothing in this section shall be construed to alter suspension or expulsion requirements; supersede the Individuals with Disabilities Education Act, Section 504, the McKinney-Vento Homeless Assistance Act, or applicable seclusion and restraint rules; or limit district policies providing greater protections or additional requirements.
(b) Teachers, principals and superintendents in each district shall be immune from civil and criminal liability in the exercise of reasonable corporal discipline of a student as authorized by board policy.
(c) (n) No diploma or credit for a course which has been completed successfully shall be denied a pupil who has earned it; provided, such diploma or credit shall not be deemed earned until payment has been made for all indebtedness due to the school district.