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Q: I have taught for five years in an urban school district. During the past school year, I had some trouble with a few students who exhibited violent tendencies in class, such as verbally threatening other students or myself and throwing a book against the wall when upset. What are my rights in these situations and what can I do to prepare for next year to avoid similar problems?
A: Student violence is a serious concern all around the state and the nation today. Regardless of whether a school district is rural or urban, small or large, issues of student violence and discipline may exist anywhere. In Texas, Chapter 37 of the Texas Education Code delineates how discipline matters are to be addressed.
Each school district in the state is required to adopt and post a student code of conduct. The code of conduct minimally must establish the standards for student conduct in the district and must specify the circumstances under which a student may be removed from a classroom, campus or disciplinary alternative education program. Additionally, it must outline the grounds for suspension or expulsion in accordance with state law.
A teacher may remove a student from the classroom and send him or her to the office under two scenarios. First, a student may be removed from class if the teacher has documentation of repeated interference with the teacher's ability to communicate with the class effectively or with the ability of other students to learn. Second, a student may be removed if his/her behavior is so disruptive or abusive that it seriously interferes with the classroom environment. The primary difference between the two scenarios is that continuous documentation is not necessary under the second because the behavior is probably a single occurrence (student throwing desk across the room) versus multiple acts over time (persistent talking, refusal to follow directions, etc.)
A teacher must remove from class a student who engages in any conduct that would automatically require the student to be removed to an alternative education program (AEP) or expelled. The conduct may occur either on school grounds or while attending a school-sponsored or school-related activity on or off school property. Acts requiring removal to an AEP include, but are not limited to, conduct punishable as a felony, assaults, terroristic threats and the sale, possession or delivering of drugs and alcohol. The student may either be suspended for up to three days or placed in an AEP. Acts requiring expulsion include the use or possession of a firearm, aggravated assault and arson.
Under either type of removal, the principal may not return the student to the removing teacher's class without the teacher's consent, unless the placement review committee determines that it is the best or only placement available. Requests for removal of special education students must be reviewed by the Admission, Review and Dismissal (ARD) committee. The ARD committee must determine whether the behavior in question is related to the student's disability. If the behavior is related to the student's disability, the student may not be removed from the regular classroom. If the behavior is not related, then the special education student may be treated as any other student for discipline purposes.
Each teacher should be sure to review his/her district's code of conduct and the campus or district discipline management plan for information on how specific discipline issues are to be addressed. Documentation of discipline problems is of the utmost importance and you should be sure to follow the district's instructions for making discipline reports. If you have persistent discipline concerns that go unaddressed by your principal or district, contact the TCTA Legal Department for further assistance.
Questions?
Thank you for consulting our site for up-to-date information about the array of legal issues facing Texas public school teachers and related nonadministrative personnel. For further information of a general nature pertaining to these legal issues, TCTA members may submit general questions directly to our legal staff using our Ask-A-Lawyer form. Should you be a TCTA member with a specific legal problem, please contact TCTA headquarters at (888) 879-8282 (a toll-free call in Texas) to speak by telephone with a staff attorney.
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