Removal Right Letters
Library / The law

The law, section by section

Texas Education Code §37.002 is the teacher's section. Each part below is quoted exactly, then explained.

Text as amended by House Bill 6 (2025). Checked October 2026.

Two different things are both called "removal"

Most teachers already send students to the office. That is subsection (a), and it isn't what this site is about.

(a) A teacher may send a student to the campus behavior coordinator's office to maintain effective discipline in the classroom. The campus behavior coordinator shall respond by employing appropriate discipline management techniques consistent with the student code of conduct adopted under Section 37.001 that can reasonably be expected to improve the student's behavior before returning the student to the classroom.

Texas Education Code §37.002(a), first two sentences
What it means: an office referral is a short break. The student comes back. A formal removal under subsection (b) is different: the student doesn't return to your class until the steps on these pages are done.

The three reasons for a formal removal

(b) A teacher may remove from class a student who:

(1) repeatedly 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;

(2) demonstrates behavior that is unruly, disruptive, or abusive toward the teacher, another adult, or another student; or

(3) engages in conduct that constitutes bullying, as defined by Section 37.0832.

Texas Education Code §37.002(b)
What it means: the law says "may." The decision to remove belongs to the teacher. Any one of the three reasons is enough.

One incident can be enough

(b-3) Subject to Sections 28.0022(a)(2) and (d), a teacher may remove a student from class under Subsection (b) of this section based on a single incident of behavior described by Subsection (b)(1), (2), or (3).

Texas Education Code §37.002(b-3)
What it means: you don't need a long history before you act. The two parts of Section 28.0022 that (b-3) names set limits: a teacher who chooses to discuss a controversial public-policy issue must do it objectively, and a district may not punish a student for reasonably discussing certain concepts about race and sex. A single-incident removal doesn't override those protections.

You can document, and you can't be disciplined for it

(b-1) A teacher may document any conduct by a student that does not conform to the student code of conduct adopted under Section 37.001 and may submit that documentation to the principal. A school district may not discipline a teacher on the basis of documentation submitted under this subsection.

Texas Education Code §37.002(b-1)
What it means: a removal can rest on one incident, but a written record still makes it much harder to wave away. The incident log tool lays it out for you.

The parent must be told

(b-2) A teacher, campus behavior coordinator, or other appropriate administrator shall notify a parent or person standing in parental relation to a student of the removal of a student under this section.

Texas Education Code §37.002(b-2)
What it means: someone has to tell the parent. Ask your campus who does it, so it isn't missed.

Where the student goes

(c) If a teacher removes a student from class under Subsection (b), the principal may place the student into another appropriate classroom, into in-school suspension, or into a disciplinary alternative education program as provided by Section 37.008.

Texas Education Code §37.002(c), first sentence

Whether the student comes back to your class

This is the part most teachers have never been told. Here are the next sentences of subsection (c), exactly.

The principal may not return the student to that teacher's class without the teacher's written consent unless the committee established under Section 37.003 determines that such placement is the best or only alternative available and, not later than the third class day after the day on which the student was removed from class, a conference in which the teacher has been provided an opportunity to participate has been held in accordance with Section 37.009(a). The principal may not return the student to that teacher's class unless the teacher provides written consent for the student's return or a return to class plan has been prepared for that student. The principal may only designate an employee of the school whose primary duties do not include classroom instruction to create a return to class plan.

Texas Education Code §37.002(c), second through fourth sentences

What it means: the student comes back to your class only in one of two ways.

  1. You give your consent in writing, or
  2. All of these happen: the placement review committee decides your class is the best or only option; a conference you were given the chance to attend is held within three class days of the removal; and a return-to-class plan is written by a school employee who doesn't mainly teach classes.

Verbal agreement in a hallway isn't written consent. If you don't consent, say so in writing. Write that letter.

The placement review committee

(a) Each school shall establish a three-member committee to determine placement of a student when a teacher refuses the return of a student to the teacher's class and make recommendations to the district regarding readmission of expelled students. Members shall be appointed as follows: (1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and (2) the principal shall choose one member from the professional staff of a campus.

(b) The teacher refusing to readmit the student may not serve on the committee.

Texas Education Code §37.003(a) and (b)
What it means: two of the three members are chosen by the teachers on your campus, not by the principal. It's fair to ask, in writing, who is on your campus's committee and how they were chosen.

Removals the law requires

(d) A teacher shall remove from class and send to the principal for placement in a disciplinary alternative education program or for expulsion, as appropriate, a student who engages in conduct described under Section 37.006 or 37.007. The student may not be returned to that teacher's class without the teacher's written consent unless the committee established under Section 37.003 determines that such placement is the best or only alternative available and a conference in which the teacher has been provided an opportunity to participate has been held in accordance with Section 37.009(a). If the teacher removed the student from class because the student has engaged in the elements of any offense listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or (b)(2)(C) against the teacher, the student may not be returned to the teacher's class without the teacher's written consent. The teacher may not be coerced to consent.

Texas Education Code §37.002(d)
What it means: for the most serious conduct listed in Sections 37.006 and 37.007 (such as assault, weapons, drugs, or threats), removal isn't optional. If the conduct was against you and is one of the offenses that sentence lists (an assault that causes injury, an aggravated assault, a sexual assault, an aggravated sexual assault, or deadly conduct), the committee can't override you, and no one may pressure you to consent. If you're ever in danger, follow your campus safety procedures first.

The student can appeal

(f) A student may appeal the student's removal from class under this section to: (1) the school's placement review committee established under Section 37.003; or (2) the campus's threat assessment and safe and supportive school team established under Section 37.115, in accordance with a district policy providing for such an appeal to be made to the team.

(f-1) The principal, campus behavior coordinator, or other appropriate administrator shall, at the conference required under Section 37.009(a), notify a student who has been removed from class under this section and the parent of or person standing in parental relation to the student of the student's right to appeal under Subsection (f).

Texas Education Code §37.002(f) and (f-1)

Students who receive special education services

(g) Section 37.004 applies to the removal or placement under this section of a student with a disability who receives special education services.

Texas Education Code §37.002(g)

What Section 37.004 adds

How removals are counted

(e) A student who is sent to the campus behavior coordinator's or other administrator's office under Subsection (a) or removed from class under Subsection (b) is not considered to have been removed from the classroom for the purposes of reporting data through the Public Education Information Management System (PEIMS) or other similar reports required by state or federal law.

Texas Education Code §37.002(e)
What it means: a teacher's removal under subsection (b) isn't reported to the state as a removal from the classroom. This subsection was added in 2019.

(a) The agency may not withhold any state funding or impose a penalty on a school district based on the number of students in the district that have been removed from a classroom, placed into in-school or out-of-school suspension, placed in a disciplinary alternative education program or a juvenile justice alternative education program, or expelled.

(b) This section may not be construed to limit the agency from taking any action to enforce requirements under federal law related to a determination of significant disproportionality based on the race and ethnicity of students with disabilities.

Texas Education Code §37.028, added by House Bill 6 (2025)
What it means: the state can't penalize a district for how many students it removes or suspends. How often removals actually happen

Protections for the teacher

(a) In this section, "disciplinary proceeding" means: (1) an action brought by the school district employing a professional employee of a school district to discharge or suspend the employee or terminate or not renew the employee's term contract; or (2) an action or proceeding brought by the State Board for Educator Certification.

(b) A professional employee of a school district may not be subject to disciplinary proceedings for: (1) the reporting of a violation of Chapter 37 to another professional employee of a school district, the agency, or a law enforcement agency; or (2) an action taken in good faith to remove a student from class under Section 37.002.

Texas Education Code §22.05121, added by House Bill 6 (2025)

(a-1) In adopting criteria described by Subsection (a)(1), the commissioner shall ensure that a teacher may not be assigned an area of deficiency in an appraisal solely on the basis of disciplinary referrals made by the teacher or documentation regarding student conduct submitted by the teacher under Section 37.002. This subsection does not prohibit a teacher from being assigned an area of deficiency based on documented evidence of a deficiency in classroom management obtained through observation or a substantiated report.

Texas Education Code §21.351(a-1), added by Senate Bill 1451 (2019)
What it means: you can't be fired, suspended, or not renewed, or lose your certificate, for a good-faith removal, and your appraisal can't mark you down just for removing a student or documenting what happened. Neither section is a general rule against every kind of retaliation. What the law doesn't cover

Sources

Your district's student code of conduct and board policies (often numbered FO and FOA) also apply. Search your district's website for "student code of conduct."