1 chapter 37: a training for educators teacher’s rights by rivette pena

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Chapter 37:

A Training for Educators

Teacher’s Rights

by Rivette Pena

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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

http://www.tea.state.tx.us/index.html

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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


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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

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OVERVIEW


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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/

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

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Section 1: Student CodeOf Conduct



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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 ForStudent Conduct





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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.

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Section 1: Standards ForStudent Conduct





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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)

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Section 2: Circumstance For Removing A Child





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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

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Section 2: Circumstances For Removing A Child





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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.

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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)


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1. Oral correction

2. Cooling off or “Time-Out” (not necessarily

in the classroom)

3. Detention

4. Counseling by teachers, counselors, or

administrative personnel


Stage I ConsequencesStudents 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:

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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

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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)

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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.

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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.

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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)

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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)

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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)

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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)

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So if a student repeatedly exhibits

a stage 1 offense can a teacher

have that child removed from

class?

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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

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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:

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“ 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:

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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)

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(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)

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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?

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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)

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What can I do If I disagree with how a

disciplinary situation as been handled?

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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)

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Section 4: Permanent Student Removal

What do I do to remove a student

from my class?

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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

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lTo: (Principal’s name), PrincipalFrom: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)

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lTo: (Principal’s name), PrincipalFrom:Date:Re: Removal of student under Section 37.002(d),Texas Education CodeUnder 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)

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lStudent Name: Teacher: DateIncidentAction Taken (FT, 2006)

DATE INCIDENTACTION

TAKEN

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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.

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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

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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.

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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.

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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

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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.

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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.

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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.

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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.

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References

American Federation of Teachers (2006) Chapter

37 Safe Schools. Retrieved Nov 1, 2006 from

http://tx.aft.org/index.cfm?action=article&articleID=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.net




1 chapter 37: a training for educators teacher’s rights by rivette pena

Documents

student conduct section

class section

child section

student code of conduct

d standards

education code chapter

complete class work

campus standards of