You asked for a summary of laws that protect teachers from student harassment.

SUMMARY

There is no state law that specifically addresses student harassment of teachers. It is up to local boards of education to prescribe rules regarding student discipline. School boards can authorize teachers to remove students from class under certain circumstances and authorize administrators to suspend students. Additionally, the school board may institute expulsion proceedings against a student. In the instance of a report of physical violence against educational personnel, school administrators are required to file a report with the police and cannot interfere with the employee’s right to report an assault or threat of physical violence to the police. School boards must also indemnify school personnel against lawsuits stemming from action in the line of duty and to hold them harmless for medical or other costs resulting from an assault by a student.

STUDENT DISCIPLINE

The law requires school boards to adopt and distribute rules regarding student conduct and discipline (CGS §§ 10-221 and -233c). The boards can authorize their teachers to remove disruptive students from class up to twice a week up to a maximum of six times in a school year. To remove a student from class more frequently, the teacher must first refer the student to the principal or his designee for an informal hearing. The student is told why he is being removed and given the opportunity to explain why he should be allowed to remain in class. Whenever a teacher removes a student from class, he must immediately give the principal or his designee the student’s name and the reasons why (CGS § 10-233b).

School boards can authorize school administrators to suspend a student whose conduct (1) on school grounds or at a school sponsored event violates board policy, seriously disrupts the educational process, or endangers people or property; or (2) off school grounds violates board policy and seriously disrupts the educational process. Students can be suspended for up to 10 days following an informal hearing, except in an emergency (CGS § 10-233c).

Boards may also authorize school administrators to impose in-school suspension on a student whose conduct endangers people or property or is seriously disruptive of the educational process, or violates a publicized board policy. Students can receive in-school suspension for up to five days after an informal hearing. No student can be placed on in-school suspension more than 15 times or 50 days in one school year, whichever results in fewer days (CGS § 10-233f).

A school board with at least three members present, or an impartial hearing board it establishes, can expel a student on the same grounds required for suspension. A majority of members, but at least three people, must vote to expel. A student can be expelled for up to 180 days (CGS § 10-233d).

STUDENT ASSAULT ON EDUCATIONAL PERSONNEL

Principals who receive a written report of a student’s assault of a teacher or other school employee must report it to the police. Additionally, school administrators are prohibited from interfering with an employee’s right to file a complaint with the police when physically assaulted by a student or when threatened with physical violence (CGS § 10-233g).

Teachers can use reasonable physical force on students in four specified circumstances. They can use it to the extent they reasonably believe it is necessary to (1) protect themselves or others from immediate injury, (2) take a dangerous instrument or illegal drugs away from a student, (3) protect property, or (4) restrain or remove a student to maintain order (CGS § 53a-18).

School boards must hold teachers harmless from financial loss and expense, including medical or other services necessary because of an assault on the teacher while he was acting in the line of duty within the scope of his employment or under the direction of the board. Teachers absent because of injury sustained during an assault or for a related court appearance must receive their full salary, and the absence cannot count against their sick leave, vacation, or personal leave days (CGS § 10-236a).

Also, school boards must hold teachers harmless from claims or lawsuits for acts, including those resulting in death, injury, damage, or destruction, performed while discharging their duties, if the acts were not wanton, reckless, or malicious. Boards must also pay to defend their teachers against claims or lawsuits alleging malicious, wanton, or willful acts or acts beyond their authority (ultra vires). If convicted of these malicious, wanton, willful, or ultra vires acts, the teachers must reimburse the board for expenses it incurred (CGS § 10-235).

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