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The ATPE Podcast: Student Removal

Association of Texas Professional Educators
Association of Texas Professional Educators

Date Posted: 3/07/2023

In the classroom, there are times when a student’s unruly, disruptive, or abusive behavior compels an educator to request the student’s permanent removal. The laws that govern this process were designed to protect both educators and students, but like most laws, they can be both complicated and highly dependent on circumstances. In situations regarding physical assault, drug possession, or other serious infractions, the law calls for mandatory student removal. But on what grounds can a teacher request discretionary student removal? What does this process look like, and who makes the final decision?

In this episode of The ATPE Podcast, ATPE Managing Attorney Lance Cain shares what educators need to know about the laws and processes involved with removing students from their classrooms.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.