FOA (TSBVI) - PLACEMENT IN ALTERNATIVE EDUCATIONAL SETTING: REMOVAL BY TEACHER

STUDENT PLACEMENT

The placement of a TSBVI student may be made only by a duly constituted admission, review, and dismissal committee.

Education Code 37.004

When a TSBVI student’s behavior impedes his or her learning or that of others, the ARD committee must consider, if appropriate, strategies, including positive behavioral interventions, strategies, and supports to address that behavior.

34 CFR 300.346

INFORMAL REMOVAL

A teacher may send a student to the principal's office to maintain effective discipline in the classroom. The principal shall respond by employing appropriate discipline management techniques, consistent with the student code of conduct. Education Code 37.002(a) [See  FO]

DISCRETIONARY REMOVAL

A teacher may remove a student:

1. Who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of the other students to learn; or
2. Whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively with the students or with the ability of other students to learn.

Education Code 37.002(b)

Placement of Student

If a teacher removes a student from class under the provisions above, the principal may place the student in another appropriate classroom, in-school suspension, or a disciplinaryalternative education program (DAEP).

Prohibitions on Activities

The terms of the removal may prohibit the student from attending or participating in school-sponsored or school-related activities.

Education Code 37.002(c)

MANDATORY REMOVAL BY A TEACHER

A teacher shall remove a student from class who engages in conduct described in Education Code 37.006 (Removal) or 37.007 (Expulsion).  [See FOC and FOD] Education Code 37.002(d)

RETURN TO CLASS

The student shall not be returned to the classroom of the teacher who has removed the student unless the ARD committee determines that the student should be returned.

Education Code 37.002(c), (d)

Adopted: 9/27/96
Amended:  1/24/02, 11/19/04
Reviewed: 

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