Teacher Authority and Classroom Management

Why Adopt This Policy?

School districts that wish to recruit and retain high-quality teachers must ensure that classroom environments are safe, orderly, and conductive to learning. Teacher retention data and educator surveys consistently identify student behavior, classroom safety, and lack of administrative support as leading contributors to teacher burnout and attrition. When teachers do not have the authority and support necessary to effectively manage their classrooms, instructional time is lost, learning is disrupted, and both students and educators suffer.

Effective classroom management is essential to student success. Teachers cannot provide high-quality instruction when they are expected to manage persistent disruption without meaningful administrative support or consistent behavioral expectations. Likewise, students cannot reach their full academic potential in classrooms where instructional time is routinely interrupted.

This policy establishes clear expectations for teacher authority, administrative responsibility, student accountability, and behavioral intervention. By adopting this policy, school boards can affirm their commitment to supporting teachers, protecting instructional time, and fostering classroom environments where all students have the opportunity to learn.

Note: Language included in brackets in the following policy are optional for school districts located outside the state of Wisconsin. For Wisconsin school districts, the bracketed language is required by state law.

Policy

I. Purpose

The purpose of this policy is to ensure that teachers have the authority and administrative support necessary to maintain safe, orderly, and effective learning environments. This policy establishes consistent expectations for classroom management, student accountability, administrative response, and classroom reentry following removal.

II. Definitions

Behavior Intervention Plan means a written plan developed to address persistent or violent behavior by identifying behavioral goals, interventions, supports, and methods for monitoring student progress.

Disruptive [or Unruly] Behavior means student behavior that materially and substantially interrupts instruction or compromises the safety or orderly operation of the classroom or school.

Disruptive Incident means an incident of disruptive behavior that satisfies either of the following: A. The disruptive behavior intentionally causes damage to physical property of another person without the person's consent. B. The disruptive behavior is violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct that materially and substantially interferes with instruction or school operations.

Materially and Substantially means that, as a result of a behavior, any of the items listed below occurs. Minor or isolated classroom misconduct that is promptly addressed by the teacher and does not meet one of the following criteria does not constitute material and substantial interference.

A. Instruction is interrupted for ten (10) or more consecutive minutes because staff are responding to student behavior; B. A classroom is evacuated; C. A student is removed from class as a result of disruptive behavior; D. A call is made for an administrator or security assistance as a result of disruptive behavior; E. There is damage to property or physical or verbal aggression requiring staff intervention.

[If behavior rises to the level of "materially and substantially" interfering with class instruction, then it is considered behavior that interferes with the ability of a teacher to teach effectively under Wis. Stat. § 118.164(2).]

A. Persistently Disruptive Students refers to students who have any of the following: B. Three (3) or more incidents of disruptive behavior on separate school days within any ten (10) consecutive school

days that required removal from class or administrative intervention; C. Five (5) or more incidents of disruptive behavior within thirty (30) school days that required removal from class or

administrative intervention.

Violent [or Dangerous] Incidents are incidents that do any of the following: A. Causes or threatens to cause the death of another person; B. Causes or threatens to cause bodily harm, substantial bodily harm, or great bodily harm to another person by an act done with intent to cause harm to that person or another person without the consent of the person so harmed; C. Subjects a person to physical contact, including strikes, shoves, kicks, or attempts or threatens to do the same.

III. Teacher Authority

Consistent with district policy and applicable law, a teacher may exercise professional judgment to maintain order and discipline, including establishing classroom expectations, directing student conduct, assigning reasonable classroom consequences, requesting administrative assistance, removing students from class, reporting concerns with the administration or Board, documenting misconduct, communicating with parents, and taking any other action authorized by Board policy or law.

Nothing in this policy shall be interpreted to require a teacher to repeatedly tolerate behavior that materially and substantially interferes with instruction before seeking administrative assistance or removing a student from class.

IV. Removal from Class

A. Grounds for Removal A teacher may remove a student from the teacher's classroom whenever the teacher, in the exercise of reasonable professional judgment, determines that [removal is necessary to maintain a safe, orderly, or effective learning environment] or [for Wisconsin: the student has violated the code of classroom conduct or is dangerous, unruly, disruptive, or exhibits behavior that interferes with the ability of a teacher to teach effectively.]. Grounds for removal include, but are not limited to, any of the following:

• Violating the classroom code of conduct or established classroom rules;
• Engaging in disruptive, dangerous, violent, or unruly behavior;
• Threatening or intimidating another student or school employee;
• Causing or participating in a violent incident;
• Possessing an object or substance prohibited by Board policy or state law;
• Engaging in conduct that results in the evacuation of a classroom or requires immediate intervention by school personnel.

B. Removal Procedure

When a student is removed from class under this policy, the teacher shall:

1. Direct the student to report to the principal or the principal's designee immediately unless doing so would create an immediate safety risk;
2. Promptly notify the principal or the principal's designee of the reasons for removal;
3. Provide a written description of the incident within 24 hours as required by Wisconsin law.

A student who refuses to comply with a removal directive shall be referred immediately to school administration, and school personnel shall take appropriate action to ensure the safety of students and staff.

C. Administrative Responsibilities

The principal or the principal's designee shall respond promptly to a teacher's request for assistance and shall take reasonable steps to restore a safe and orderly learning environment. Upon receiving a removed student, the principal or the principal's designee shall:

1. Review the teacher's explanation and any other relevant information;
2. Consider the student's disciplinary history, previous behavioral incidents, and any applicable disability-related protections;
3. Determine whether additional interventions, supports, disciplinary measures, or a Behavior Intervention Plan are appropriate;
4. Determine the student's appropriate educational placement.

The student's educational placement shall be one of the following:

1. An alternative education program, [as defined in Wis. Stat. § 115.28(7)(e)1.];
2. Another class in the school or another appropriate place in the school;
3. Another instructional setting;
4. The class from which the student was removed if, after weighing the interests of the removed students, the other student in the class and the teacher, the school principal or his or her designee determines that readmission to the class is the best alternative.

D. Student re-entry Before returning a student to the classroom, the principal or principal's designee shall determine whether a Behavior Intervention Plan is required under Section V of this policy.

A student may not be returned to class until all the following are satisfied:

1. Appropriate disciplinary, behavioral, or educational interventions have been implemented;
2. The conditions that resulted in the removal have been adequately addressed;
3. The student's return will not materially and substantially interfere with classroom instruction or compromise the safety of students or staff;
4. Any required Behavior Intervention Plan has been developed and implemented.

In determining whether a student should return to the classroom, the principal or principal's designee shall give due consideration to the teacher's professional judgment regarding whether the student's return would materially and substantially interfere with instruction or compromise classroom safety.

The decision to return a student to the classroom should promote the safety of students and staff, preserve instructional time, and support the teacher's ability to maintain an effective learning environment.

V. Behavior Intervention Plans and Reentry

Whenever a student qualifies as a persistently disruptive student under this policy or engages in conduct demonstrating that additional behavioral supports are necessary, the principal or principal's designee shall determine whether a Behavior Intervention Plan should be developed before the student returns to the classroom. In making that determination, the principal

or the principal's designee shall consider the nature and severity of the conduct, the student's disciplinary history, prior interventions, the likelihood of recurring behavior, the teacher's recommendation, and the need to protect the safety and orderly operation of the classroom.

A Behavior Intervention Plan shall, at a minimum: A. Identify the behavior or behaviors of concern; B. Establish behavior goals designed to address those behaviors; C. Describe the interventions, supports, or strategies that will be used to improve the student's behavior; and D. Describe how the student's progress will be monitored and the circumstances under which the plan will be reviewed and modified.

If the student is a child with a disability who has an individualized education program (IEP), and the student's behavior of concern affects the student's learning or the learning of other students, any Behavior Intervention Plan shall be created during the IEP process, in accordance with 34 C.F.R. § 300.320(a).

VI. Documentation and Record Maintenance

Documentation under this section should be used to identify patterns of behavior, evaluate school safety, and guide administrative decision-making.

The principal or the principal's designee shall ensure that each disruptive or violent incident is appropriately documented and maintained in accordance with this policy.

The teacher or other school employee who witnessed the incident shall provide the principal or the principal's designee with a written description of the incident.

Within five (5) school days of the incident, the principal or principal's designee shall prepare or ensure the completion of an incident report. The report shall include:

1. A factual description of the incident;
2. The instructional disruption or safety concerns caused by the incident;
3. Any interventions, disciplinary measures, or corrective actions taken;
4. Any reported injuries to students or school employees, or damage to property;
5. Parent notifications required by law or Board policy;
6. Whether the student is receiving services under the Individuals with Disabilities Education Act or Section 504 of the Rehabilitation act of 1973, if relevant to the district's response; and
7. Any referrals for additional supports, services, or behavioral interventions.

The principal or principal's designee shall maintain records of these reports in a manner that permits the district to identify recurring behavioral concerns, monitor implementation of Behavior Intervention Plans, comply with applicable reporting requirements, and evaluate school safety and classroom management policies.

VII. Protection for Good-Faith Exercise of Teacher Authority

A. Protected Actions No teacher shall be terminated, disciplined, retaliated against, discriminated against, or otherwise subjected to an adverse employment action because the teacher, acting in good faith and in accordance with Board policy and applicable law, engaged in any of the following:

1. Maintaining classroom order or enforcing classroom rules consistent with Board policy;
2. Removing a student from class under this policy or applicable law;
3. Reporting disruptive behavior, unsafe conditions, or employee injuries to the administration and or the Board;
4. Requesting administrative assistance or behavioral interventions for a student;
5. Participating in the development or implementation of a Behavior Intervention Plan;
6. Exercising reasonable professional judgment in carrying out the authority and responsibilities provided under this policy; or
7. Taking reasonable action, consistent with Board policy and applicable law, to protect the safety of students, school employees, or other persons, unless the Board determines the teacher engaged in misconduct.

Any employment action shall be taken in accordance with applicable law, Board policy, and any applicable collective bargaining agreement.

The District shall notify all teachers annually of the rights and protections provided under this policy and shall provide this policy to newly hired teachers during employee onboarding.

Legal Analysis – National

Local school boards have broad discretion in the management of school affairs. Epperson v. State of Ark., 393 U.S. 97, 104 (1968) (“By and large, public education in our Nation is committed to the control of the state and local authorities”); Bd. of Educ., Island Trees Union Free Sch. Dist. No. 26 v. Pico, 457 U.S. 853, 863 (1982) (“The Court has long recognized that local school boards have broad discretion in the management of school affairs.”); Tinker v. Des Moines Independent Community School District, 393 U.S. 503, 507 (1969) (“The Court has long emphasized the need for affirming the comprehensive authority of the States and of local school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.”).

Teachers, principals, and other school professionals are allowed to undertake reasonable actions to maintain order, discipline, and an appropriate educational environment. 20 U.S.C. § 7942. Teachers cannot be held liable for harm caused by any act or omission if the actions were carried out in conformity with Federal, State, and local laws in furtherance of efforts to maintain order or control in the classroom. 20 U.S.C. § 7946(a)(1–5).

Federal law permits school personnel to remove a child with a disability who violates a code of conduct, although additional procedural protections may apply depending on the length of the removal and the circumstances involved. See 34 C.F.R. § 300.530; 20 U.S.C. § 1415(k). Schools must administer student discipline in a manner consistent with applicable federal nondiscrimination laws. See, e.g., 42 U.S.C. § 2000d (Title VI of the Civil Rights Act of 1964); 20 U.S.C. §§ 1681—1688 (Title IX of the Education Amendments of 1972); 29 U.S.C. § 794 (Section 504 of the Rehabilitation Act of 1973).

Legal Analysis – Wisconsin

A teacher may remove a student from the teacher's class if the student violates the code of classroom conduct or is dangerous, unruly, disruptive, or exhibits behavior that interferes with the ability of a teacher to teach effectively. Wis. Stat. § 118.164(2). If a teacher does remove a student, the teacher is required to notify the principal or his designee immediately of the reason for removal and a full written explanation of the reasons for removal within 24 hours. Wis. Stat. § 118.164(2). The principal or his or her designee is then required to choose one of four placements for the removed student. Wis. Stat. § 118.164(3).

Wisconsin law requires school boards to adopt a policy that allows teachers to use “reasonable and necessary force” to quell a disturbance, prevent an act that threatens physical injury, obtain possession of a weapon or other dangerous object within the student's control, protect property, remove a disruptive pupil, protect the student from inflicting harm on his or herself, protect the safety of others, or to maintain order or control. Wis. Stats. §§ 118.31(3) and (4).

Wisconsin school boards are also required to adopt a code to govern students' classroom conduct, including: a specification of what constitutes dangerous, disruptive, or unruly behavior or behavior that intervenes with the ability of the teacher to teach effectively, any grounds for the removal of a student from class, procedures for determining the appropriate educational placement of a student who has been removed from a class, and a procedure for notifying the parent of a student who has been removed from class. Wis. Stat. § 120.13(1)(a).

Wisconsin statute § 118.07 provides what the health and safety requirements are for public and private schools. Wis. Stat. § 118.124 requires all public high schools and participating private high schools to collect, maintain, and report data on specific criminal incidents.

View the original PDF version of this Model Policy.