The board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises.  Appropriate classroom behavior allows teachers to communicate more effectively with students.

Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.  Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.

Students who fail to abide by this policy and the administrative regulations supporting it may be disciplined for conduct which disrupts or interferes with the education program; conduct which disrupts the orderly and efficient operation of the school district or school activity; conduct which disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; or conduct which interrupts the maintenance of a disciplined atmosphere.  Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.

Discipline will be administered depending on the severity and frequency of the acts of misconduct.  The imposition of discipline will be within the discretion of the individual responsible for imposing the discipline.  In instances where there has been a violation of the law, as well as school rules, appropriate law enforcement officials will be contacted and may become involved in the district’s administration of discipline.  The school reserves the right to seek restitution from the parents/guardians of a student or the student for damage caused by the student.

Students may be disciplined for conduct that violates commonly held notions of unacceptable, immoral or inappropriate behavior that includes, but is not limited to, the following:

1. Open and/or persistent defiance of authority, school rules, and regulations (including extracurricular rules);
2. Assault or threatened assault on another person;
3. Extortion, intimidation or coercion;
4. Inciting others to violate the law or school rules;
5. Vandalism;
6. Gambling;
7. Theft or possession of stolen goods/property;
8. Sale, manufacture or distribution of illegal drugs, controlled substances, imitation controlled substances or drug paraphernalia;
9. Possession, use or being under the influence of illegal drugs, controlled substances, imitation controlled substances or drug paraphernalia.
10. Possession, use or threatening to use any instrument that is generally considered a weapon, an instrument that is normally not considered a weapon as a weapon, an imitation weapon or an explosive;
11. Possession, use or being under the influence of alcoholic beverages;
12. Use, possession, and/or transmission of tobacco or imitation substances;
13. Profanity;
14. Possession of pornographic/obscene literature, items or materials;
15. Student dress which is suggestive, condones illegal activity or in some way disrupts the educational process;
16. Failure to abide by corrective measures for previous acts of misconduct;
17. Harassment in any form of another person;
18. Conduct which discriminates against others based upon an individual's sex, race, national origin, religion or disability;
19. Destruction, damage, unauthorized use, inappropriate use, and/or manipulation of hardware, software or any aspect or component of the school's electronic information system including the internet; or
20. Inappropriate sexual conduct including harassment, indecent exposure, and visible display of affection.

A student who commits an assault against an employee on school district property or on property within the jurisdiction of the school district; while on school-owned or school-operated chartered vehicles; while attending or engaged in school district activities will be suspended by the principal.  Notice of the suspension is sent to the board president.  The board will review the suspension to determine whether to impose further sanctions against the student which may include expulsion.  Assault for purposes of this section of this policy is defined as:

• an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or
• any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or
• intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.

The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace.

The school district may impose a range of disciplinary measures for acts of misconduct.  Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.  Discipline will be administered depending on the severity and frequency of the acts of misconduct.  The imposition of discipline will be within the discretion of the individual responsible for imposing the discipline.  In instances where there has been a violation of the law, as well as school rules, appropriate law enforcement officials will be contacted and may become involved in the school district's administration of discipline.  The school reserves the right to seek restitution from the parents/guardians of a student or the student for damage caused by the student.  The school district shall insure due process for the students and parents.

A restriction from school activities means a student will attend school, classes, and practice, but will not participate in other school activities.

Removal from the classroom means a student is sent to the building principal’s office.  It shall be within the discretion of the person in charge of the classroom to remove the student.

Detention means the student’s presence is required during non-school hours for disciplinary purposes.  The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day, or on a non-school day.  Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee disciplining the student or the building principal.

Suspension means; either an in-school suspension, an out-of-school suspension, a restriction from activities or loss of eligibility.  An in-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision.  An in-school suspension will not exceed ten consecutive school days.  An out-of-school suspension means the student is removed from the school environment, which includes school classes and activities.  An out-of-school suspension will not exceed ten days.  A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.

Probation means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded.  The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty.  Failure of the student to meet these conditions and terms will result in immediate reinstatement of the penalty.

Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.

Discipline of special education students, including suspensions and expulsions, will comply with the provisions of applicable federal and state laws. Following the suspension of a special education student, an informal evaluation of the student’s placement will take place.  The Individual Education Program (IEP) is evaluated to determine whether it needs to be changed or modified in response to the behavior that led to the suspension..

If a special education student’s suspensions, either in or out of school, equal ten days on a cumulative basis, a staffing team will meet to determine whether the IEP is appropriate.

Approved August 27, 2018          
Reviewed September 12, 2022          
Revised August 27, 2018

Administrative Action

A.    Probation

1. Probation is conditional suspension of a penalty for a set period of time.  Probation may be imposed by the principal for infractions of school rules which do not warrant the necessity of removal from school.
    
2. The principal will conduct an investigation of the allegations against the student prior to imposition of probation.  The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond.  Written notice and reasons for the probation will be sent to the parents.

B.    In-School Suspension

1. In-school suspension is the temporary isolation of a student from one or more classes while under administrative supervision.  In-school suspensions may be imposed by the principal for infractions of school rules which are serious but which do not warrant the necessity of removal from school.
    
2. The principal will conduct an investigation of the allegations against the student prior to imposition of an in-school suspension.  The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond.  In-school suspension will not be imposed for more than ten school days.  Written notice and reasons for the in-school suspension will be sent to the student’s parents.

C.    Out-of-School Suspension

1. Out-of-school suspension is the removal of a student from the school environment for periods of short duration.  Out-of-school suspension is to be used when other available school resources are unable to constructively remedy student misconduct.
    
2. A student may be suspended out of school for up to ten school days by a principal for a commission of gross or repeated infractions of school rules, regulations, policy or the law, or when the presence of the student will cause interference with the maintenance of the educational environment or the operation of the school.  The principal may suspend students after conducting an investigation of the charges against the student, giving the student:

   a.   Oral or written notice of the allegations against the student and

   b.   The opportunity to respond to those charges.

   At the principal’s discretion, the student may be allowed to confront witnesses against the student or present witnesses on behalf of the student.
    

3. Notice of the out-of-school suspension will be mailed no later than the end of the school day following the suspension to the student’s parents and the superintendent.  A reasonable effort is made to personally notify the student’s parents and such effort is documented by the person making or attempting to make the contact.  Written notice to the parents will include the circumstances which led to the suspension and a copy of the board policy and rules pertaining to the suspension.

D.    Suspensions and Special Education Students

1. Students who have been identified as special education students may be referred for a review of the student’s Individual Education Program (IEP).  The IEP may be revised to include a continuum of intervention strategies and programming to change the behavior.
    
2. Students who have not been identified as special education students may be referred for evaluation after the student’s suspension to determine whether the student has a disability and is in need of special education.

Approved August 27, 2018          
Reviewed September 12, 2022          
Revised August 27, 2018

Only the board may remove a student from the school environment.  The removal of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.

Students may be expelled for violations of board policy, school rules or the law.  It is within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.

It is within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes.  Only the board may take action to expel a student and to readmit the student.  The principal will keep records of expulsions in addition to the board’s records.

When a student is recommended for expulsion by the board, the student is provided with:

1. Notice of the reasons for the proposed expulsion written with sufficient specificity to enable the student to prepare a defense;
2. Notice of the date, time, and place of the expulsion hearing sufficiently in advance of the hearing to enable the student to obtain the assistance of counsel and to prepare a defense;
3. Notice that the student is entitled to a closed hearing unless an open hearing is specifically requested;
4. The names of the witnesses¹ and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the Superintendent;
5. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student’s behalf;
6. The right to be represented by counsel; and,
7. The results and finding of the board in writing open to the student’s inspection

At the hearing, the student will have all of the rights given in the notice and may give an opening and closing statement in addition to calling witnesses and cross-examining adverse witnesses.  The Board hearing the expulsion matter must be impartial (i.e. have no prior involvement in the situation, have no stake in the outcome, and have no personal bias or prejudice).

After the Board has heard the expulsion matter, it shall go into deliberations.  No one who advocated a position at the hearing of the matter should be present during the Board’s deliberations unless the other party or parties are also permitted to attend deliberations.  The student has a right to a decision based solely on the evidence presented at hearing.  There must be an adequate factual basis for the Board’s decision.  A preponderance of the evidence standard is sufficient to find the student violated the rule or policy at issue.  Following the Board’s deliberations, the Board shall reconvene in open session and render its decision on the superintendent’ recommendation for expulsion.  The student is entitled to a written decision setting out the Board’s findings and conclusions as to the charges and the penalty.

In addition to these procedures, a special education student must be provided with additional procedures.  A determination should be made of whether the student is actually guilty of the misconduct.  A staffing team should determine whether the student’s behavior is caused by the student’s disability and whether the conduct is the result of inappropriate placement.  Discussions and conclusions of this meeting should be recorded.

If the special education student’s conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district’s expulsion hearing procedures.  If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.

[1] In some cases, information concerning a student's violation of the Code of Conduct will be gained from students who the district may want to remain anonymous.  The district believes that it is critically important, in certain circumstances, to protect the anonymity of students who report serious violations of the Code of Conduct to insure that violations are reported and those who report them will not be subjected to ostracism and physical reprisals.  If an expulsion is based upon evidence obtained from a student who the district believes needs to remain anonymous because they may be subjected to ostracism or physical reprisals, the administration shall undertake reasonable efforts to determine the veracity of the student's report and the student's credibility.

Approved August 27, 2018          
Reviewed September 12, 2022          
Revised August 27, 2018

Participation in school activities is a privilege.  School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.

Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school.  Students who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities which are illegal, immoral or unhealthy.

Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures.  The principal will keep records of violations of the good conduct rule.

It is the responsibility of the superintendent to develop rules and regulations for school activities.  Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.

Approved August 27, 2018          
Reviewed September 12, 2022         
Revised August 27, 2018

The Community School District is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed.

Harassment and bullying of students are against federal, state and local policy, and are not tolerated by the board. Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school- sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.

Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy. The superintendent is responsible for implementation of this policy and all accompanying procedures. Complaints will be investigated within a reasonable time frame. Within 24 hours of receiving a report that a student may have been the victim of conduct that constitutes bullying and/or harassment, the district will notify the parent or guardian of the student.

If, after an investigation, a student is found to be in violation of this policy, the student shall be disciplined by appropriate measures up to, and including, suspension and expulsion. If after an investigation, a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures up to, and including, termination. If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures up to, and including, exclusion from school grounds.  “Volunteer” means an individual who has regular, significant contact with students.

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.

Retaliation Prohibited

Retaliation against any person because the person has filed a bullying or harassment complaint or assisted or participated in an investigation is prohibited.

Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and exclusion from school grounds.

Definitions

For the purposes of this policy, the defined words shall have the following meaning:

• “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
• “Harassment” and “bullying” mean any repeated and targeted electronic, written, verbal, or physical act or conduct toward an individual that creates an objectively hostile school environment that meets one or more of the following conditions:
  1. Places the student in reasonable fear of harm to the student’s person or property;
  2. Has a substantially detrimental effect on the student’s physical or mental health;
  3. Has the effect of substantially interfering with the student’s academic performance; or
  4. Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.

• “Volunteer” means an individual who has regular, significant contact with students

Harassment and bullying may include, but are not limited to, the following behaviors and circumstances which create an objectively hostile school environment:

• Verbal, nonverbal, physical or written harassment, bullying, hazing, or other victimization that have the purpose or effect of causing substantial injury, discomfort, fear, or suffering to the victim;
• Repeated remarks of a demeaning nature that have the purpose or effect of causing substantial injury, discomfort, fear, or suffering to the victim;
• Implied or explicit threats concerning one's grades, achievements, property, etc. that have the purpose or effect of causing substantial injury, discomfort, fear, or suffering to the victim;
• Demeaning jokes, stories, or activities directed at the student that have the purpose or effect of causing substantial injury, discomfort, fear, or suffering to the victim; and/or
• Unreasonable interference with a student's performance or creation of an objectively intimidating, offensive, or hostile learning environment.

Sexual harassment of a student by an employee means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when:

• Submission to the conduct is made either implicitly or explicitly a term or condition of the student’s education or benefits;
• Submission to or rejection of the conduct by a school employee is used as the basis for academic decisions affecting that student; or
• The conduct has the purpose or effect of substantially interfering with the student’s academic performance by creating an intimidating, hostile, or offensive education environment.

In situations between students and school officials, faculty, staff, or volunteers who have direct contact with students, bullying and harassment may also include the following behaviors:

• Requiring that a student submit to bullying or harassment by another student, either explicitly or implicitly, as a term or condition of the targeted student’s education or participation in school programs or activities; and/or

• Requiring submission to or rejection of such conduct as a basis for decisions affecting the student.

The school or school district will promptly and reasonably investigate allegations of bullying or harassment. The building counselor, or designee will be responsible for handling all complaints by students alleging bullying or harassment. The board secretary or designee will be responsible for handling all complaints by employees alleging bullying or harassment.

The board will annually publish this policy. The policy may be publicized by the following means:

• Inclusion in the student handbook,
• Inclusion in the employee handbook
• Inclusion in the registration materials
• Inclusion on the school or school district’s web site,
• Publication in the district newspaper, and
• A copy shall be made to any person at the Red Oak Community School District Central Office, 604 S Broadway, Red Oak, IA  51566.

Approved August 27, 2018          
Reviewed July 16, 2025        
Revised July 16, 2025

Discipline is designed to promote behavior that will enable students to learn and successfully participate in their educational and social environments. The district discipline policy for students who make a threat of violence or commit an act of violence is developed to help students understand their obligations to others in the school setting, secure the safety of all students, staff, and the community, and to correct student behavior if a violation occurs (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 1).

Students will conduct themselves in a manner fitting their age, grade level, and maturity, and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Consequences for the misconduct will be fair and tailored to the age, grade level and maturity of the student.

Discipline and other responses to threats or incidents of violence by a student with a disability, including removal from a class, placement in a therapeutic classroom, suspensions, and expulsions, will comply with the provisions of applicable federal and state laws including, but not limited to, the IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 3)

Reporting a Threat of Violence or Incidence of Violence

In the case of any threat of violence or incident of violence that results in injury, property damage or assault by a student, the teacher will report to the school principal or lead administrator within 24 hours of the incident. The principal or lead administrator will notify the parent or guardian of the student(s) who threatened or perpetrated an act of violence and the student(s) who the threatened or perpetrated act of violence was made against within 24 hours after receipt of the teacher’s report and complete an investigation of the incident as soon as possible. The classroom teacher may also notify the parent or guardian of the student who made the threat or caused the incident, and the parent or guardian of the student against whom the threat or incident was directed (2023 Iowa Acts, chapter 96 (House File 604), sec. 4).

An investigation will be initiated by the principal or lead administrator upon learning of an incident of violence or threat of violence through any credible means. If the principal or lead administrator finds that an incident of violence or threat of violence did occur, the administrator will determine the level of threat or incident by considering all aspects of the situation, including the student's intent and knowledge of the impact of their actions, their developmental level and context of the incident. The resolution will focus on identifying the cause behind the behavior and appropriate corrective action (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsections 1 and 4).

A student who makes a threat of violence, causes an incident of violence that results in injury or property damage, or who commits an assault, will be subject to escalating levels of discipline for each occurrence. When appropriate, referrals will be made to local law enforcement. The district retains the authority to assign the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 5).

Threats of Violence

Threat of violence means a written, verbal, electronic or behavioral message that either explicitly or implicitly expresses an intention to inflict emotional or physical injury, property damage, or assault.

Incident of Violence

Incident of violence means the intentional use of physical force or power against oneself, another person, a group or community or property resulting in injury, property damage or assault.

Injury

Injury means “physical pain, illness or any impairment of physical condition.” State v. McKee, 312 N.W.2d 907, 913 (Iowa 1981).

Property Damage

Property damage means any destruction, damage, impairment, or alteration of property to which the individual does not have a right to take such an action. Property means real property, which includes any real estate, building, or fixture attached to a building or structure, and personal property, which includes intangible property (Iowa Code section 4.1(21)).

Assault

Assault means when, without justification, a student does any of the following:

an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.

The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace (Following Iowa Code section 708.1).

Approved: November 29, 2023

Reviewed: October 18, 2023

Revised:

Levels of Behavior

The following levels are used to determine the district’s response to violent misconduct. Levels will be assigned based on the discretion of administrators. Administrators will consider the age level and maturity of students in determining the level of an offense and assigning appropriate consequences. Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.

Level 1—Behaviors that jeopardize the physical safety or emotional well-being of others; behaviors that may lead to property damage (e.g., rough play, spontaneous aggressive behaviors such as pushing and shoving, antagonism, verbal threats, fighting words, etc.)

Level 2—Aggressive behaviors that involve the intentional use of force or intimidation; behaviors that include vandalism or the destruction of property valued at less than $50; bringing a dangerous object to school; repeated or significant incidents of Level 1 infractions (e.g., simple assault/fighting/physical altercations, disorderly conduct, verbal abuse, substantial or severe threats, coercion, etc.)

Level 3—Aggressive behaviors involving extreme violence and/or the intentional use of force to inflict serious bodily harm or injury; behaviors that place others in substantial risk or significant fear; vandalism or destruction of property valued over $50; repeated or significant incidents of Level 2 infractions (e.g., serious or aggravated assault, possession or use of a weapon, menacing with a dangerous object, premeditated threats of violence, extortion, etc.)

Escalating Responses by Grade Band

Grades PK-2

Grades 3-5

Grades 6-8

Grades 9-12

Definitions

Detention means the student's presence is required during non-school hours (or during lunch or recess) for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee or the building principal disciplining the student.

Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board. In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An in-school suspension will not exceed ten consecutive school days.

Out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension will not exceed ten consecutive school days unless due process is provided as required by federal and state law. A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.

Placement in an alternate learning environment means placement of a student in an environment established apart from the regular educational program that includes rules, staff and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning goals and content standards established by the school district.

Removal from the classroom means a student is sent to the building principal's office. It is within the discretion of the person in charge of the classroom to remove the student.