118.164 Removal of pupils from the class.
(1) In this section, “teacher" means a person holding a license or permit issued by the state superintendent whose employment by a school district requires that he or she hold that license or permit.
(2) Subject to 20 USC 1415 (k) and beginning August 1, 1999, a teacher may remove a pupil from the teacher's class if the pupil violates the code of classroom conduct adopted under s. 120.13 (1) (a) or is dangerous, unruly or disruptive or exhibits behavior that interferes with the ability of the teacher to teach effectively, as specified in the code of classroom conduct. The teacher shall send the pupil to the school principal or his or her designee and notify the school principal or his or her designee immediately of the reasons for the removal. In addition, the teacher shall provide to the principal or his or her designee within 24 hours after the pupil's removal from the class a written explanation of the reasons for the removal.
(3)
(a) The school principal or his or her designee shall place the pupil in one of the following:
1. An alternative education program, as defined in s. 115.28 (7) (e) 1.
2. Another class in the school or another appropriate place in the school, as determined by the school principal or his or her designee.
3. Another instructional setting.
4. The class from which the pupil was removed if, after weighing the interests of the removed pupil, the other pupils in the class and the teacher, the school principal or his or her designee determines that readmission to the class is the best or only alternative.
(b) This subsection does not prohibit the teacher who removed the pupil from the class or the school board, school district administrator, school principal or their designees from disciplining the pupil.
History: 1997 a. 335.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 118 - General school operations.
118.001 - Duties and powers of school boards; construction of statutes.
118.01 - Educational goals and expectations.
118.015 - Reading instruction.
118.016 - Assessments of reading readiness.
118.017 - Foreign language instruction.
118.019 - Human growth and development instruction.
118.02 - Special observance days.
118.025 - Arbor day observance.
118.045 - Commencement of school term.
118.05 - School conservation camps.
118.06 - Flag, pledge of allegiance, and national anthem.
118.07 - Health and safety requirements.
118.075 - Indoor environmental quality in schools.
118.076 - Lifesaving skills instruction.
118.08 - School zones; crossings.
118.10 - School safety patrols.
118.105 - Control of traffic on school premises.
118.12 - Sale of goods and services at schools.
118.123 - Reports and records; forfeitures.
118.126 - Privileged communications.
118.127 - Law enforcement agency information.
118.13 - Pupil discrimination prohibited.
118.133 - Participation in interscholastic athletics and extracurricular activities.
118.134 - Race-based nicknames, logos, mascots, and team names.
118.135 - Eye examinations and evaluations.
118.14 - Age of pupils; phase in of 4-year-old kindergarten.
118.145 - Admission to high school.
118.15 - Compulsory school attendance.
118.153 - Children at risk of not graduating from high school.
118.155 - Released time for religious instruction.
118.16 - School attendance enforcement.
118.162 - Truancy committee and plan.
118.163 - Municipal truancy and school dropout ordinances.
118.164 - Removal of pupils from the class.
118.167 - Private school determination by state superintendent.
118.169 - Pupil identification.
118.175 - Pupils without parents or guardians; report required.
118.19 - Teacher certificates and licenses; administrator and pupil services professional licenses.
118.191 - Experience-based licensure for technical and vocational education subjects.
118.1915 - Licensure for Junior Reserve Officer Training Corps instructors.
118.192 - Professional teaching permits.
118.193 - Licenses based on reciprocity.
118.194 - Initial license to teach; Montessori.
118.195 - Discrimination against handicapped teachers prohibited.
118.196 - Teacher development program.
118.197 - Initial license to teach; alternative preparation programs.
118.20 - Teacher discrimination prohibited.
118.22 - Renewal of teacher contracts.
118.223 - Collective bargaining.
118.225 - Teacher evaluations.
118.23 - Populous counties; teacher tenure.
118.235 - Lunch period for teachers.
118.24 - School district administrator.
118.245 - Referendum; increase in employee wages.
118.257 - Liability for referral to police.
118.258 - Electronic communication devices prohibited.
118.26 - Claim against school district.
118.28 - Community action agencies.
118.29 - Administration of drugs and emergency care.
118.291 - Asthmatic pupils; possession and use of inhalers.
118.292 - Possession and use of epinephrine.
118.2925 - Life-threatening allergies in schools; use of epinephrine.
118.293 - Concussion and head injury.
118.2935 - Sudden cardiac arrest; youth athletic activities.
118.295 - Suicide intervention; civil liability exemption.
118.301 - Alternative pupil assessments.
118.305 - Use of seclusion and physical restraint.
118.32 - Strip search by school employee.
118.33 - High school graduation standards; criteria for promotion.
118.34 - Technical preparation programs.
118.35 - Programs for gifted and talented pupils.
118.38 - Waivers of laws and rules.
118.42 - Low-performing school districts and schools; state superintendent interventions.
118.43 - Achievement guarantee contracts; state aid.
118.44 - Achievement gap reduction; state aid.
118.45 - Tests for alcohol use.
118.51 - Full-time open enrollment.
118.52 - Part-time open enrollment.
118.53 - Attendance by pupils enrolled in a home-based private educational program.
118.55 - Early college credit program.
118.56 - Work based learning programs.
118.60 - Parental choice program for eligible school districts and other school districts.