Violent students may be removed from school under conditions

A student who hits a teacher may be expelled from school. This is according to the ruling of the Disputes Committee for Appropriate Education of January 24, 2017 (number 107475). What was going on?

The case involved a student who doubled in second grade under strict conditions. These conditions were attendance and being on time, reporting sick correctly and having counseling conversations at school and at home. Shortly after the start of the new school year, a fight occurred between the student and a fellow student. A teacher who intervened between the two was hit several times with a fist to the back of the head by the student in question. The student was suspended following the incident and was subsequently informed that the suspension was extended and the school intended to expel her from school. The advice to the pupil and her parents was to get in touch with the upper school facility that could provide her with temporary education and also assist in finding an appropriate educational placement.

The student did not follow this advice and stayed home. She objected to the proposed expulsion decision.

The committee is very clear in its judgment that hitting a teacher is such a serious offense against the rules and manners of a school that expulsion is an appropriate response. This is quite a far-reaching ruling because the school had also made quite a few mistakes. For example, the school did not have a written policy on suspension and expulsion in the school guide or on the website. Also, the school had not prepared an OPP despite the fact that it was known that the student had additional support needs. The school had attached conditions to doing the second year again, but there was no structured PPP. This while a good plan with the right guidance might have prevented the incident. The committee thus gives the school several pieces of advice and emphasizes that the school remains responsible for the educational offer as long as the student is not enrolled in another school or attending another educational facility. Despite the fact that the school did not act in full compliance with the Appropriate Education Act, the committee still finds that hitting a teacher is sufficient grounds for expulsion of a student. Thus, hitting teachers is a hard line even if the school has not otherwise acted in full compliance with the WPO.