1. 1 Chapter 37: A Training for Educators Teacher’s Rights by Rivette Pena

2. 2 Chapter 37 of the Texas Education Code clearly defines circumstances under which a student may be removed, the conditions that authorize placement in a Disciplinary Alternative Education Program and the conditions under which a student may be suspended or expelled from school. All educators should be aware of said conditions or circumstances as they pertain to their classrooms. Chapter 37: A Training for Educators

3. 3 The goals for this training are as follows:  The participant will know the conditions that must be met before a student can be removed from his/her classroom.  The participants will be aware of their rights under Education Code Chapter 37 pertaining to returning or removal of a student from his/her class. Chapter 37: A Training for Educators

4. 4 Section 1: Harlandale I.S.D Standards for student conduct Section 2: Circumstances for Removing a Child Section 3: Returning students to class Section 4: Permanent student removal E-assessment OVERVIEW

5. 5 The Harlandale Independent School District distributes a student/parent handbook each year. The document can be viewed on the district website at http://www.harlandale.net/ http://www.harlandale.net/ Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 1: Student Code Of Conduct

6. 6 Each student is expected to:  Demonstrate others even when others do not.  Behave in a responsible manner, always exercising self-discipline.  Attend all classes regularly on time.  Prepare for each class; take appropriate materials and assignments to class. Section 1: Standards For Student Conduct Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment A student whose behavior shows disrespect for others, including interference with their access to public education and a safe environment, is subject to disciplinary action.

7. 7 Section 1: Standards For Student Conduct Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment  Meet District and campus standards of grooming and dress.  Obey all campus and classroom rules.  Respect the rights and privileges of other students, teachers, and other District staff and volunteers.  Respect the property of others, including District property and facilities.  Cooperate with or assist the school staff in maintaining safety, order and discipline.  Adhere to the requirements of the Student Code of Conduct. (HISD Parent Handbook, 2006)

8. 8 Section 2: Circumstance For Removing A Child Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment 1.Failure to complete class work or homework assignments. 2.Inattention or disruption in class, such as talking without permission. 3.Inconsiderate behavior toward others, such as pushing or shoving. 4.Insubordination-refusing to comply with directives given by school personnel. Stage I Offenses Offenses for which the teacher shall employ classroom disciplinary management plan strategies

9. 9 Section 2: Circumstances For Removing A Child Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Stage I Offenses 5.Nonconformity to regular classroom or school rules, such as not bringing textbooks or other materials to class. 6.Scholastic dishonesty 7.Tardiness 8.Violating Safety rules 9.Violating the restrictions of designated areas.

10. 10 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Stage I Offenses 10.Offenses 1-9 are not considered violation the Student Code of Conduct unless they are repeated more than once. 11.Failure to report to an assigned detention 12.Inappropriate public display of affection. 13.Truancy. (HISD Parent Handbook, 2006) Section 2: Circumstances For Removing A Child

11. 11 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment 1.Oral correction 2.Cooling off or “Time-Out” (not necessarily in the classroom) 3.Detention 4.Counseling by teachers, counselors, or administrative personnel Section 2: Circumstances For Removing A Child Stage I Consequences Students who engage in any of these Stage I offenses shall be subject to appropriate campus progressive disciplinary action including, but not necessarily limited to, the following:

12. 12 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child Stage I Consequences 5.Parent-teacher conferences 6.Temporary confiscation of items that disrupt the educational process 7.Behavior contracts 8.Sending the student to the office. (Removal from Classroom) 9.Withdrawal of privileges, such as extracurricular and or non-curricular activities participation

13. 13 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child Stage I Consequences 10.School-assessed and school- administration probation 11.Out of School Suspension 12.In-School Suspension 13.Corporal Punishment 14.Referral to outside agency and or legal authority for criminal prosecution (HISD Parent Handbook, 2006)

14. 14 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child Stage I Consequences At Leal Middle School Stage 1 offenses can be documented on an infraction referral. After three infractions a referral is compiled. After three referrals a student is referred to an administrator who will assign the student Saturday School.

15. 15 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child Stage I Consequences

16. 16 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child 1.Bullying 2.Causing physical contact which is provocative or offensive. 3.Criminal mischief 4.Discharging a fire extinguisher 5.Disobeying school rules about conduct on school buses. (HISD Parent Handbook, 2006) Stage II Offenses Student may be removed from class by the teacher/administrator The following offenses should not be documented as an infraction.

17. 17 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child Stage II Offenses 6.Violating the law 7.Verbal abuse 8.Verbal (oral or written) threats 9.Disrespect or profanity 10.Falsification of records 11.Gambling 12.Hazing 13.Leaving school grounds without permission (HISD Parent Handbook, 2006)

18. 18 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child Stage II Offenses 14.Offensive verbal or physical misbehavior or of sexual nature 15.Possessing fireworks 16.Pornography 17.Possessing, using or selling look-alike weapons 18.Possession of telecommunication devices 19.Scuffling or aggressive physical contact 20.Stealing from students, staff or the school(HISD Parent Handbook, 2006)

19. 19 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child Stage II Consequences 1.Parent/Administrator/Teacher Conference 2.Detention 3.In-School Suspension 4.Confiscation of nuisance items that disrupt the educational process 5.Corporal Punishment 6.Out of school suspension 7.Removal from class (HISD Parent Handbook, 2006)

20. 20 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child Stage II Consequences 8.Reassignment of classes. 9.Transfer to another campus 10.Recommendation for placement in the HISD DAEP 11.Citation and or arrest by a Peace Officer 12.Recommendation for placement at Boot Camp(HISD Parent Handbook, 2006)

21. 21 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child So if a student repeatedly exhibits a stage 1 offense can a teacher have that child removed from class?

22. 22 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 2: Circumstances For Removing A Child A.It has been documented by the teacher that the student repeatedly interfered 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. B.The students behavior is determined 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. A student can be formally removed from a class if

23. 23 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 3: Returning A Student To Class  “ When a student is formally removed from class by a teacher for conduct against a teacher containing the elements of assault, aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, or criminal attempt to commit murder or capital murder, the student may not be returned to the teacher’s class without the teacher’s consent.”(2006) According to HISD Student Code of Conduct:

24. 24 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 3: Returning A Student To Class  “ When a student is formally removed by a teacher for any other conduct, the student may be returned to the teacher’s class without the teacher’s consent, if the placement review committee determines that the teacher’s class is the best alternative available.”(2006) According to HISD Student Code of Conduct:

25. 25 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 3: Returning A Student To Class  What process must be followed after a student is removed—under either the discretionary or mandatory removal provisions?  According to the American Federation of Teachers, “The principal must schedule a conference no later than the third class day after the day of the removal. The student may not be returned to the regular classroom before the conference. The student is entitled to notice of the reasons for removal and an opportunity to respond. In addition to the student, those entitled to attend are: the student’s parent or guardian; the teacher who removed the student; and the principal or the principal’s designee. Whether these individuals attend or not, the principal must then order the student’s placement for a period consistent with the local code of conduct.(AFT, 2006)

26. 26 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 3: Returning A Student To Class  (NOTE: The teacher should document and describe the student’s misconduct carefully and precisely at this post-removal conference. When a teacher has initiated the removal, the principal cannot compel the teacher to take back the student after this conference—unless and until a properly constituted placement- review committee determines that teacher’s class to be the best or only placement available.)(AFT, 2006)  If the student’s alternative placement will extend beyond the end of the next grading period, the student’s parent or guardian can request a hearing before the school board. The board’s decision in such a case is final and cannot be appealed. A student is entitled to a status review at 120-day intervals while in a DAEP. In order to expel a student, the board or its designee must provide the student a hearing with constitutional due process. The student’s parent or guardian must be invited, in writing, to attend. The board’s decision can be appealed to district court. (AFT, 2006)

27. 27 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 3: Returning A Student To Class What can I do if I object to a student being returned to my classroom after he or she has been removed for disciplinary reasons?

28. 28 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 3: Returning A Student To Class According to TEA, “After a formal teacher removal, if the teacher objects to the return of the student to the classroom, a placement review committee will review the situation. The placement review committee consists of three members: two teachers who are chosen by campus faculty and one professional staff member appointed by the campus principal. If the placement review committee determines that returning the student to the teacher’s class is the best or only alternative available, then the student shall be returned to the class. (2004)

29. 29 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 3: Returning A Student To Class What can I do If I disagree with how a disciplinary situation as been handled?

30. 30 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 3: Returning A Student To Class According to TEA, A teacher should first attempt to resolve the differences informally with the administrators responsible for the disciplinary decision. If the teacher is not satisfied after attempts at informal resolution, he or she may file a grievance by following the process described in the districts Local Policy Manual.(2004)

31. 31 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 4: Permanent Student Removal What do I do to remove a student from my class?

32. 32 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Section 4: Permanent Student Removal The links below contain sample letters to your principal requesting the removal of a student from your classroom: discretionary and mandatory removal. There is also a link for a behavior recording sheet for documentation of student behavior. Sample Letter for Discretionary Removal Sample Letter for Mandatory Removal Cumulative Discipline Recording Form

33. 33 Section 4: Permanent Student 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. (AFT, 2006)

34. 34 Section 4: Permanent Student 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. (AFT, 2006)

35. 35 Section 4: Permanent Student Removal Student Name: Teacher: Date Incident Action Taken (FT, 2006) DATEINCIDENT ACTION TAKEN

36. 36 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment REVIEW  Consequences for Stage 1 offenses can include but are not limited to Teacher classroom management techniques, infraction referrals, incident reports, detention, and time out (ISS).  Stage 2 offenses are formal removals and consequences are more severe such as but not limited to suspension (in or out of school), alternative placement, or citation.  A student will be returned to a classroom unless the teacher requests otherwise.

37. 37 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment  A placement committee may return a student to a classroom even after the discretionary request from a teacher.  A teacher can not be coerced into accepting a student into their classroom. REVIEW

38. 38 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Jane has a student in her class that is aggressive in his behavior. He is defiant and has used profanity on several occasions. He harasses the other students and he refuses to work or allow others to work around him. He is loud and disruptive.

39. 39 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Print out a sample letter and fill it out for Jane to give to her principal. She wants to attach proof of her actions. List some possible actions that Jane should take before she turns in her letter.

40. 40 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Some Possible Actions that Jane could take before turning in the form would be:  Redirection  Parent Contact  Parent/Teacher Conference  Infraction Referral  Incident Report  Counselor Referral  Behavior Contract

41. 41 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment 1.If a student refuses to work on his assignment and after several redirections looks up at you. Without saying a word the student makes his hand into a shape of a gun and pretends to shoot you. a.You give the child an infraction referral. b.You call for immediate removal of the student as a Stage 1 offense. c.You call for immediate removal of the student as a Stage 2 offense.

42. 42 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment 2.A student has been removed after several incidents in which they have disrupted your class and interfered with the rest of the students learning, you don’t want them back in your class. a.You submit a letter for discretionary removal. b.You submit a letter for mandatory removal. c.You decide the school year will end soon enough.

43. 43 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment 3.A Placement committee had decided that your class is the best placement for a student that has been removed from your class. You are unhappy with this decision. a.You accept the decision because there is nothing left for you to do. b.You submit a letter for mandatory removal. c.You take a leave of absence.

44. 44 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment Answers 1.If a teacher feels that they have been threatened by a student that is a stage II offense and they should be removed from the classroom. 2.If a teacher does not want a student to be returned to their classroom they can submit either a discretionary removal or a mandatory removal letter. However, a discretionary removal letter can result in the child being returned. 3.If a teacher can not be coerced into taking a student back into their classroom and can submit a mandatory removal letter to the principal.

45. 45 Section 1 Harlandale I.S.D Standards for student conduct Section 2 Circumstances for Removing a Child Section 3 Returning students to class Section 4 Permanent student removal E-assessment References American Federation of Teachers (2006) Chapter 37 Safe Schools. Retrieved Nov 1, 2006 from http://tx.aft.org/index.cfm?action=article&arti cleID=b0c31a19-1526-4769-8657- 45cc5ec5efa6#due http://tx.aft.org/index.cfm?action=article&arti cleID=b0c31a19-1526-4769-8657- 45cc5ec5efa6#due TEA (2004) A Teacher’s Guide to Student Discipline. Retrieved October 26, 2006 from http://www.tea.state.tx.us/safe/ HISD (2006) Student Code of Conduct. Retrieved on October 26, 2006 from www.harlandale.netwww.harlandale.net