July 2005
Page 3

Emergency and Other Procedures

14. Question: Can a student be placed in an alternative program or expelled without a prior due process conference or hearing?

Answer: Yes. The law (Section 37.019) allows emergency alternative placement if the principal “reasonably believes” that a student’s behavior is “so unruly, disruptive, or abusive that it seriously interferes with a teacher’s ability to communicate effectively with the students in a class, with the ability of a student’s classmates to learn, or with the operation of school or a school-sponsored activity.” The law likewise allows emergency expulsion if the principal “reasonably believes that action is necessary to protect persons or property from imminent harm.” In either case, the principal must give the student the same due process as in other removals not later than ten days after taking the action. The emergency placement must be for a reason that would support a non-emergency placement under 37.006 or 37.007.

15.  Question:  Can a student be placed in a disciplinary alternative education program for other reasons that would not trigger mandatory or discretionary placement there under Section 37.006?

Answer:  Yes.  Section 37.0081 enacted in 2003 allows a school district to send a student to a disciplinary alternative education program (a) if the student has received deferred adjudication/prosecution, or has been found delinquent, for a violent felony offense, and (b)  the district has determined that the student’s presence in the regular classroom threatens the safety of other students, will be detrimental to the educational process, or is not in the best interests of the district’s students.  This authority to place a student in a disciplinary alternative education program exists no matter when or where the offense occurred.

Role of Courts

16. Question: Can a student who has been expelled from school and who has been placed under court supervision come back to the regular classroom?

Answer: A district may readmit a student who has been expelled while that student is completing court-ordered requirements. After the student has met court-ordered requirements, the district must readmit the student, but the student can be placed in an alternative program.

17. Question: Suppose a teacher initiated removal of a student who was then expelled and placed under court supervision. What rights does the teacher have if that student is readmitted by the district?

Answer: Without the teacher’s consent, the student may not be returned to the classroom of the teacher under whose supervision the offense occurred. The law says the teacher’s consent may not be coerced. Section 37.010(f) also specifies that the teacher has an absolute right to refuse the student’s return in this type of case, “notwithstanding” the section of the law that says a placement-review committee may override such a refusal.

Arrest/Conviction Reports

18. Question: What notice must school personnel receive when a law enforcement agency arrests or refers a student to juvenile jurisdiction for a felony offense?

Answer: First, the superintendent must be notified orally or in writing within 24 hours of the arrest or juvenile referral. Then, according to Article 15.27(a) of the Texas Code of Criminal Procedure, the superintendent must “promptly notify all instructional and support personnel who have responsibility for supervision of the student.” In addition, Article 15.27(b) says the superintendent, upon receiving notice that such a student has been convicted or adjudicated delinquent or received deferred prosecution for a felony offense, must “promptly notify all instructional and support personnel who have regular contact with the student.”

Sample Letter for Discretionary Removal

To: (Principal’s name), Principal
From:
Date:
Re: Removal of student under Section 37.002(b), Texas Education Code

Under the provisions of Texas Education Code Section 37.002(b), I am exercising my authority to remove _________________ immediately from my classroom. Please note that under Section 37.009(a), this student may not be returned to my classroom pending a conference held with you, the student, the student’s parent or guardian, and me.
Please notify me as to the date and time of this conference. Please note also that this student may not be returned to my classroom without my consent unless the placement-review committee duly established under Section 37.003 of the Texas Education Code determines that such placement is the best or only alternative available.

Attached is a cumulative discipline record documenting the repeated interference by _________________ with my ability to communicate effectively with the students in my class or with the ability of this student’s classmates to learn. (and/or)

Attached is a discipline record documenting behavior by _________________ that is so unruly, disruptive, or abusive that it seriously interferes with my ability to communicate effectively with the students in my class or with the ability of this student’s classmates to learn.

Sample Letter for Mandatory Removal

To: (Principal’s name), Principal
From:
Date:
Re: Removal of student under Section 37.002(d), Texas Education Code

Under the provisions of Texas Education Code Section 37.002(d), I am exercising my authority to remove ___________________ immediately from my classroom. Under Section 37.009(a), please note that this student may not be returned to my classroom pending a conference held with you, the student, the student’s parent or guardian, and me.
Please notify me as to the date and time of this conference. Please note also that this student, if placed in an alternative education program under Section 37.006 for the conduct reported here, may not be returned to my classroom without my uncoerced consent, according to Section 37.009(e) of the Texas Education Code.

Please note further that this student, if expelled under Section 37.007 for the conduct reported here and eventually readmitted by the district during or after court disposition, may not be returned to my classroom without my uncoerced consent, notwithstanding any determination by the school’s placement-review committee, according to Section 37.010(f) of the Texas Education Code.

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