Removal Right Letters
  1. 1. Your right
  2. 2. When to use it
  3. 3. How it works
  4. 4. The hard questions
  5. 5. Special cases

Chapter 1 of 5

Your right

Section 37.002 of the Texas Education Code is the teacher's section. It doesn't ask you to request a removal or wait for approval. It gives the decision to you.

The decision is yours

(b) A teacher may remove from class a student who: (1) repeatedly interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; (2) demonstrates behavior that is unruly, disruptive, or abusive toward the teacher, another adult, or another student; or (3) engages in conduct that constitutes bullying, as defined by Section 37.0832.

Texas Education Code §37.002(b)

"A teacher may remove." Not "may ask the principal to remove." Any one of the three reasons is enough.

One incident can be enough

(b-3) Subject to Sections 28.0022(a)(2) and (d), a teacher may remove a student from class under Subsection (b) of this section based on a single incident of behavior described by Subsection (b)(1), (2), or (3).

Texas Education Code §37.002(b-3)

You don't need a long history first. The one limit, from Section 28.0022: a removal can't punish a student for reasonably discussing certain controversial topics in class.

Your principal's job starts after you decide

(c) If a teacher removes a student from class under Subsection (b), the principal may place the student into another appropriate classroom, into in-school suspension, or into a disciplinary alternative education program as provided by Section 37.008.

Texas Education Code §37.002(c), first sentence

You remove. The principal decides where the student goes.

The student comes back on your terms

Once you've removed a student, the principal can't return them to your class without your written consent, unless three things all happen: the campus placement review committee decides your class is the best or only option, a conference you were invited to is held within three class days, and a written return-to-class plan exists. The exact wording

This isn't an office referral

Sending a student to the office is a different part of the law, subsection (a), and the student comes back the same day. A formal removal under subsection (b) is the one this site is about. The student stays out of your class until the steps in chapter 3 are done.

Next: When to use it

The whole process, start to finish

New here? Start at the beginning
  1. 1Know your rightThe law gives the decision to you.You are here
  2. 2Check that it fitsThree reasons. One incident can be enough.
  3. 3Keep a recordOne incident, one page. Print or save each one.
  4. 4Give written noticeYou notify your principal. You don't ask.
  5. 5The conferenceScheduled by the third class day. The student stays out until then.
  6. 6Your decision on the returnYour written consent, or the law's steps without it.

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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.