FOA Placement in Alternative Educational Setting: Removal by Teacher


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


A teacher may remove a student from class:

  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)

Reporting Classroom Removals

A student who is sent to the campus behavior coordinator’s or other administrator’s office under a routine referral or a discretionary removal 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. Education Code 37.002(e) [See DNA for information about teacher evaluations and disciplinary referrals.]

Placement of Student Pursuant to ARD Decision

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 disciplinary alternative education program (DAEP) on campus for a maximum of one week before returning the student to the local school district pursuant to an ARD decision.

Conference by Third Day Required

Not later than the third class day after the day on which a student is removed from class by the teacher under the above provision or by the school principal or other appropriate administrator under the Student Code of Conduct, the principal or other appropriate administrator shall schedule an ARD meeting or informal conference with a parent or guardian of the student. At the conference, the student is entitled to written or oral notice of the reasons for the removal, an explanation of the basis for the removal, and an opportunity to respond to the reasons for the removal. The student may not be returned to the regular classroom pending the conference.

Following the conference, and whether or not each requested person is in attendance after valid attempts to require the person’s attendance, the principal, after consideration of the mitigating factors (see below), shall convene an ARD meeting to consider the placement of the student for a period consistent with the Student Code of Conduct.

Mitigating Factors

The principal must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinary history, and whether the student has a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct. Education Code 37.009(a) [See Student Code of Conduct, item 4 at FO for mitigating factors.]


If TSBVI policy allows a student to appeal to the Board or the Board’s designee, a decision of the principal or other appropriate administrator (other than an expulsion under Section 37.007) the decision of the Board or the Board’s designee is final and may not be appealed.

Placement Length

The period of the expulsion or DAEP placement at the resident district may not exceed one year unless, after a review, the local school district determines that the student is a threat to the safety of other students or to district employees.

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)


A teacher shall remove a student from class and send him/her to the principal for placement in a DAEP or expulsion, as appropriate, for engaging in conduct described in Education Code 37.006 (Removal) or 37.007 (Expulsion). [See FOC and FODEducation Code 37.002(d)


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.

If the teacher removed the student from class because the student engaged in the elements of an offense listed in Education Code 37.006(a)(2)(B) or 37.007(a)(2)(A) or (b)(2)(C) (assault, sexual assault, attempted murder) against the teacher, the student may not be returned to the teacher’s class without the teacher’s consent. The teacher may not be coerced to consent.

Education Code 37.002(c), (d)


A parent or guardian should support school officials in their efforts to operate a safe and efficient transportation system and is expected to:

  1. Read and discuss with the student the responsibilities, rules of behavior, and consequences for violations;
  2. Inform the student of the location of the bus stop, the pickup time, and the necessity to wait in single line; and
  3. Ensure that the student is at the bus stop five minutes prior to the scheduled pickup time.

If the student is suspended from the bus, the parent is responsible for ensuring transportation for the student to and from school. Failure of the student to attend school during the suspension is an unexcused absence.

Adopted:         9/27/96

Amended:       1/24/02, 11/19/04, 8/9/19, 5/28/20