Depends what you mean by being disruptive in class.
Before standing-down or suspending a student: The principal must be “satisfied on reasonable grounds that –

The student’s gross misconduct or continual disobedience is a harmful or dangerous example to other students at the school; or
Because of the student’s behaviour, it is likely that the student, or other students at the school, will be seriously harmed if the student is not stood down or suspended for an unspecified period.”
Most suspensions are for either “gross misconduct” or “continual disobedience”.

Gross misconduct is serious misbehaviour that is “striking and reprehensible to a high degree”. It can’t be ordinary ‘misconduct’ that children or teenagers could be expected to do every now and then – it must be gross misconduct.

Continual disobedience is deliberately and regularly failing to do what you are told. There must be an element of wilful defiance of the school’s authority. A student who is frequently getting into trouble for things outside his / her control (such as lateness caused by unreliable transport) can’t be said to be disobedient. Continual disobedience is sometimes defined as the student being aware that he/she is breaking a school rule, with the school rule being one that he/she is intending to break and the student resisting all attempts by the school to modify the behaviour. As well as being ‘gross misconduct’ or ‘continual disobedience’ your behaviour must set a harmful or dangerous example to other students.

Check out this information sheet for more information: http://www.youthlaw.co.nz/page/Stand+Down%2C+Suspension%2C+Exclusion+and+Expulsion

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If you want to run the detention issue by one of our lawyers give us a call. They can tell you whether the detentions are legal or not and how to go about complaining if they are not.

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