1 chapter 37: a training for educators teacher’s rights by rivette pena
TRANSCRIPT
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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
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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
E-assessment
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
E-assessment
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
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.
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Section 1: Standards ForStudent 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)
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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
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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.
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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
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
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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
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 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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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
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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
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)
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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
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.
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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
E-assessment
Section 2: Circumstances For Removing A Child
Stage I Consequences
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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
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.
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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
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)
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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
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)
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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
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)
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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
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)
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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
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?
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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
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
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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
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:
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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
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:
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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
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)
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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
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)
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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
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?
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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
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)
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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
E-assessment
Section 3: Returning A Student To Class
What can I do If I disagree with how a
disciplinary situation as been handled?
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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
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)
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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
E-assessment
Section 4: Permanent Student Removal
What do I do to remove a student
from my class?
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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
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
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Sec
tio
n 4
: P
erm
anen
t S
tud
ent
Rem
ova
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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Sec
tio
n 4
: P
erm
anen
t S
tud
ent
Rem
ova
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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Sec
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: P
erm
anen
t S
tud
ent
Rem
ova
lStudent Name: Teacher: DateIncidentAction Taken (FT, 2006)
DATE INCIDENTACTION
TAKEN
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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
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.
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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
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
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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
E-assessment
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.
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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
E-assessment
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.
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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
E-assessment
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
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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
E-assessment
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.
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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
E-assessment
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.
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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
E-assessment
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.
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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
E-assessment
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.
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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
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&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