Chapter 5 of 5
Special cases
Most removals follow chapter 3 exactly. These are the situations with extra rules.
Students with an IEP or a 504 plan
(g) Section 37.004 applies to the removal or placement under this section of a student with a disability who receives special education services.
Texas Education Code §37.002(g)You can still remove the student. Section 37.004 says the placement of a student who receives special education services is made by the ARD committee (the team that writes the IEP), and that a removal counting as a "change in placement" under federal law first needs a review of whether the behavior was caused by the disability.
Under federal rules, removals of more than 10 school days in a row, or shorter removals adding up to more than 10 days in a pattern, count as a change in placement (34 CFR §300.536). The U.S. Department of Education has said an in-school placement generally doesn't count as a day of removal if the student keeps getting IEP services and keeps working in the general curriculum. Students with a 504 plan have similar protections under a separate federal law.
One federal rule works differently. If a student with a disability brings a weapon to school, knowingly has or uses illegal drugs or sells controlled substances at school, or seriously injures another person at school, school personnel may place the student in an interim alternative setting for up to 45 school days, whether or not the behavior was caused by the disability (34 CFR §300.530(g)). That decision belongs to the school, but it's worth knowing if you're ever told nothing can be done.
Your part: document the behavior, say in your notice that the student has an IEP or 504 plan, and ask whether a behavior intervention plan exists and was followed. Your notice adds this for you.
Removals the law requires
For serious conduct listed in Sections 37.006 and 37.007, such as assault, weapons, drugs, or threats, the teacher "shall remove" the student and send them to the principal (§37.002(d)). If the conduct was against you and is an assault that causes injury, an aggravated or sexual assault, or deadly conduct, the student can't return to your class without your written consent, the committee can't override you, and "The teacher may not be coerced to consent." If anyone is in danger, follow your campus safety procedures first.
The student's appeal
The student may appeal the removal to the placement review committee, or to the campus threat assessment team if district policy allows it, and must be told about this right at the conference (§37.002(f), (f-1)).
Very young students
Section 37.002 sets no minimum age or grade for a teacher removal. A placement in another classroom works the same way for a kindergartner as for a senior.
Charter schools
This site is written for Texas public school districts. If you teach at an open-enrollment charter school, check your charter's student code of conduct for how it handles removals.
Your district's own rules
Every district publishes a student code of conduct and board policies (often numbered FO and FOA). They tell you who receives a removal and which form to use. Search your district's website for "student code of conduct." Write your letters
The whole process, start to finish
New here? Start at the beginning- 1Know your rightThe law gives the decision to you.
- 2Check that it fitsThree reasons. One incident can be enough.You are here
- 3Keep a recordOne incident, one page. Print or save each one.
- 4Give written noticeYou notify your principal. You don't ask.
- 5The conferenceScheduled by the third class day. The student stays out until then.
- 6Your decision on the returnYour written consent, or the law's steps without it.
If your school ignores the law · Write your letters · Print the workbook · Something wrong on this page? Tell us
This site is general information, not legal advice, and not a substitute for the advice of an attorney. For your own situation, talk to a licensed Texas attorney.