FOA(LEGAL) - STUDENT DISCIPLINE: REMOVAL BY TEACHER OR BUS DRIVER
A teacher may send a student to the campus behavior coordinator's (CBC) office to maintain effective discipline in the classroom. The CBC shall respond by employing appropriate discipline management techniques, consistent with the Student Code of Conduct that can reasonably be expected to improve the student's behavior before returning the student to the classroom. If the student's behavior does not improve, the CBC shall employ alternative discipline management techniques, including any progressive interventions designated as the responsibility of the CBC in the Student Code of Conduct. Education Code 37.002(a) [See FO]
A teacher may remove from class a student:
Who has been documented by the teacher to repeatedly interfere 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; or
Whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously 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.
Education Code 37.002(b)
Placement of Student
If a teacher removes a student from class under the provisions above, the principal may place the student in another appropriate classroom, in-school suspension, or a disciplinary alternative education program (DAEP). Education Code 37.002(c)
Before ordering suspension or removal to a DAEP, the CBC must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student's disciplinary history, and whether the student has a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct, regardless of whether the decision of the behavior coordinator concerns a mandatory or discretionary action. Education Code 37.009(a)
Prohibitions on Activities
The terms of the removal may prohibit the student from attending or participating in school-sponsored or school-related activities. Education Code 37.002(c)
Note: A power granted to a campus principal under Education Code Chapter 37, Subchapter A may be exercised by the CBC.
Mandatory Removal by a Teacher
A teacher shall remove from class and send to the principal for placement in a DAEP or expulsion, as appropriate, a student who engages in conduct described in Education Code 37.006 (removal) or 37.007 (expulsion). [See FOC and FOD] Education Code 37.002(d)
The student may not be returned to the regular class pending the required conference [see FOC]. Education Code 37.009(a)
Return to Class
The principal may not return the student to the class of the teacher who removed the student without the teacher's consent, unless the placement review committee determines that such placement is the best or only alternative available.
If the teacher removed the student from class because the student engaged in the elements of an offense listed in Education Code 37.006(a)(2)(B) or 37.007(a)(2)(A) or (b)(2)(C) (assault, sexual assault, attempted murder) against the teacher, the student may not be returned to the teacher's class without the teacher's consent. The teacher may not be coerced to consent.
Education Code 37.002(c), (d)
Placement Review Committee
Each school shall establish a three-member committee to determine the placement of a student when a teacher refuses the return of a student to the teacher's class. The committee shall make recommendations to the district regarding readmission of expelled students.
Committee members shall be appointed as follows:
Campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and
The principal shall choose one member from the professional staff of a campus.
The teacher refusing to readmit the student may not serve on the committee.
Education Code 37.003
Removal by School Bus Driver
The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the principal's office to maintain effective discipline on the school bus.
The principal shall respond by employing appropriate discipline management techniques consistent with the Student Code of Conduct.
Education Code 37.0022
Note: See FOF for provisions concerning students with disabilities.