Chapter 4 of 5
The hard questions
Most teachers hesitate for the same few reasons. Some answers are about the law, and some are about working with people.
What you may worry about
He'll just go to the teacher next door, and she'll be upset with me.
That can happen, since another classroom is one of the placements the law lists. But the principal makes the placement, not you, and your colleague has the same right you do. A quick, honest word with your team before you act goes a long way, and a new room is sometimes the fresh start that changes a student's behavior.
My principal will be unhappy with me.
Maybe at first, because a removal creates work. Tell your principal before the written notice if you can, use the words of the law, and describe actions instead of the student's character. Keep copies of everything.
The parent will be angry.
Some will be. The conference is where the parent hears the reasons and responds, with an administrator there. Stick to what happened and what you tried, and keep your own messages short and in writing.
Is this fair to the student?
The law builds in fairness: notice of the reasons, a chance to respond, and a right to appeal. A removal is often what finally gets a struggling student a behavior plan, an evaluation, or a placement that fits. The other students in your room also have a right to learn.
Can I lose my job over this?
Not for a good-faith removal. Since 2025, a teacher "may not be subject to disciplinary proceedings for ... an action taken in good faith to remove a student from class under Section 37.002" (§22.05121). That covers being fired, suspended, or not renewed, and action against your certificate. It doesn't cover everything, like a written reprimand. What protects you, and what doesn't
I'm new, or on a probationary contract.
Section 37.002 doesn't depend on experience or contract type, and the 2025 job protection applies to every professional employee. Be especially careful to stay professional and keep everything in writing. For advice about your own job, talk to a Texas attorney who represents teachers.
What you may hear
We don't do formal removals here.
The statute applies in every Texas school district: "A teacher may remove from class a student who" meets one of the three reasons (§37.002(b)). Don't ask for a removal. Give written notice that you're making one. If the school still ignores it
You need more documentation first.
A removal can rest "on a single incident of behavior" (§37.002(b-3)). Offer what you have.
We'll write a return plan and he'll be back tomorrow.
The student "may not be returned to the regular classroom pending the conference" (§37.009(a)). Without your written consent, the return also needs the committee's decision and a conference you were invited to (§37.002(c)). If it happens anyway, you can report it to your district or to the Texas Education Agency. Reporting a violation of Chapter 37 is protected by law (§22.05121(b)(1)).
This will hurt our school's numbers.
A teacher's removal "is not considered to have been removed from the classroom" for state data reporting (§37.002(e)). And since 2025, the state "may not withhold any state funding or impose a penalty on a school district based on the number of students" removed or suspended (§37.028). More
Can you just sign off so he can come back?
The law asks for "the teacher's written consent" (§37.002(c)). It's your decision. If you don't consent, say that in writing too.
He has an IEP, so you can't remove him.
Section 37.004 adds steps through the ARD committee. It doesn't take away your right to remove (§37.002(g)). Chapter 5
This is going to look bad on you.
"A school district may not discipline a teacher on the basis of documentation submitted under this subsection" (§37.002(b-1)). Your appraisal can't mark you down "solely on the basis of disciplinary referrals made by the teacher or documentation regarding student conduct submitted by the teacher under Section 37.002" (§21.351(a-1)). More on your protections
The committee will just send him back anyway.
Two of its three members are teachers chosen by the campus faculty, and you can't serve on it for your own removal (§37.003). It has to decide your class is "the best or only alternative available." You can ask in writing who's on it. The missing-conditions letter asks for you.
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.
- 3Keep a recordOne incident, one page. Print or save each one.
- 4Give written noticeYou notify your principal. You don't ask.You are here
- 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.