Your protections
What the law says protects you when you remove a student, each part quoted word for word, and what it doesn't cover.
Your job
A professional employee of a school district may not be subject to disciplinary proceedings for: ... (2) an action taken in good faith to remove a student from class under Section 37.002.
Texas Education Code §22.05121(b), added by House Bill 6 (2025)Reporting a violation
The same section protects you for "the reporting of a violation of Chapter 37 to another professional employee of a school district, the agency, or a law enforcement agency" (§22.05121(b)(1)). Chapter 37 is where the removal rules live. If the student is sent back to your class before the conference, or no conference is held, you can report it to your district or to the Texas Education Agency, and that report is protected the same way.
Your evaluation
... a teacher may not be assigned an area of deficiency in an appraisal solely on the basis of disciplinary referrals made by the teacher or documentation regarding student conduct submitted by the teacher under Section 37.002.
Texas Education Code §21.351(a-1), added in 2019Your documentation
A school district may not discipline a teacher on the basis of documentation submitted under this subsection.
Texas Education Code §37.002(b-1)Your consent
The student comes back to your class only with your written consent, or after the committee decision, the conference, and a written return plan (§37.002(c)). For the most serious offenses against you, "The teacher may not be coerced to consent" (§37.002(d)).
Your administrators' own rules
The Texas Educators' Code of Ethics binds certified administrators too. An educator "shall not use coercive means ... to influence professional decisions or colleagues," and "shall not interfere with a colleague's exercise of ... professional ... rights" (19 TAC §247.2, Standards 2.6 and 2.4).
What the law doesn't cover
We'd rather you hear this from us. Section 37.002 has no general rule against retaliation. The 2025 job protection names firing, suspension, contract nonrenewal, and action against your certificate. It doesn't name a written reprimand, a schedule change, a cold shoulder, or a lower rating on something other than your removals.
If something like that happens because you used the law, you still have options:
- Keep your record. Every notice and letter you sent, with dates.
- Put it in writing. A short, calm email that says what happened and when.
- File a grievance under your district's employee complaint policy (usually numbered DGBA). Most districts' policy forbids retaliation for filing one. Deadlines are short, often 15 days, so check yours right away.
- Report coercion by a certified administrator to the State Board for Educator Certification, under the Code of Ethics.
- Know what the whistleblower law covers. The Texas Whistleblower Act protects public school employees who report a violation of law, in good faith, to an "appropriate law enforcement authority" (Government Code §554.002). Using your removal right isn't a report, so the act usually won't apply to the removal itself. If you file under it, you must start your district's grievance process within 90 days (§554.006).
- Get advice about your own job from a Texas attorney who represents teachers, or a professional association that offers legal help.
For every step in order, and what to know before you resign, see If your school ignores the law.
General information about Texas law, not legal advice.
Be clear-eyed about the cost
Some people won't be happy. Your principal may be frustrated, because a removal creates work on a deadline. The teacher who gets the student may be upset. The parent may be angry. No law can change how someone feels about you.
What the law does is limit what anyone can do to your job because you used it. Keep everything professional and in writing, use the words of the law, and describe what the student did, not who the student is.
Sources
- House Bill 6 (2025), enrolled text: Section 22.05121 and bill Section 24
- Senate Bill 1451 (2019), enrolled text: Sections 21.351(a-1) and 37.002(b-1)
- Texas Education Code, Chapter 37: Section 37.002(c) and (d)
- 19 TAC §247.2, Code of Ethics and Standard Practices for Texas Educators
- Texas Government Code, Chapter 554 (Whistleblower Act)