Know Your Rights: School Discipline 2026 (Teacher Removals)
Teacher Removals
When can a teacher remove my child from their classroom?
It is now easier for teachers to remove students from their classroom for:
- Repeatedly "interfering" with classroom instruction
- Demonstrating unruly, disruptive, or abusive behavior toward another person in the classroom
- Bullying
The key change is that removal can now be based on a single instance and does not require documentation of repeated behavior.
What does "interfering" with classroom instruction mean?
The law does not precisely define what "interfering" means, which leaves it open to interpretation by each individual teacher. This is a lower threshold than what was previously required. What one teacher considers "interfering" might be viewed differently by another teacher, creating the potential for inconsistent application across classrooms and schools.
What is considered "unruly" or "disruptive" behavior?
These terms are not clearly defined in the law. What is considered "unruly" or "disruptive" is subject to interpretation by each teacher in every school district. This subjective standard means that there may be inconsistency in how these terms are applied, and what leads to removal in one classroom may not lead to removal in another.
Can my child be removed for a single incident?
Yes. Under the new law, a teacher can remove a student based on a single instance of behavior, without any requirement that the behavior be repeated or documented beforehand. This is a significant change from prior requirements.
Will I be notified if my child is removed from class?
Yes. When a teacher removal occurs, the teacher, campus behavior coordinator, or another administrator must notify a parent or guardian.
What happens after my child is removed from the classroom?
The principal can place the student into another appropriate classroom, ISS, or a DAEP.
Within three days of removal, the school must hold a conference with the teacher, the campus behavior coordinator, the student, and the student’s parent/guardian. At this conference, the school gives notice of the reasons why the student was removed from the classroom, and gives the student and their parent/guardian an opportunity to respond to those reasons. In addition, the school is required under law to discuss a return to class plan and create the plan either before or during a conference with the student.
What is a return to class plan?
A return to class plan is a formal written document that serves as a roadmap for the student’s success and teacher’s safety, ensuring that a student isn’t just dropped back into the same environment without a proactive strategy to prevent the behavior from happening again. Typically, the return to class plan can include clear specific behavioral expectations, support services, and consequences for failing to adhere to the plan.
When can my child return to the classroom? Is there a time limit on how long a teacher removal can last?
Generally, the principal cannot send the student back to the same teacher’s class unless the teacher agrees in writing. The teacher’s consent can be overridden if (1) a placement review committee decides being placed back in that teacher’s classroom is the best or only alternative and (2) there had been a formal conference held to discuss the student’s conduct and a return to class plan.
Can I appeal my child’s removal from their teacher’s classroom?
Yes. State law allows parents to appeal students’ removal from the classroom by a teacher. Please consult your school district’s Code of Conduct.
What happens if the appeal is successful?
Even if your child's appeal is successful, they cannot immediately return to the classroom. The student must wait for a "return to class plan" to be prepared at a conference with school administrators, the teacher in question, and the student. The conference must take place within three school days of the removal.
Why is the delayed return a concern?
Once a student has been removed from the classroom, it can disengage them from academic learning and school. However, it is important to note that the appeal process does not fully undo the harm caused by an improper removal. Even if a removal is found to be improper, the student has already missed instruction time and may have experienced academic and social-emotional consequences during the removal period.
What if my child is being disciplined for behavior that is related to a disability?
Students with disabilities who receive special education services have additional protections. Texas Education Code Section 37.004 still governs the teacher removal or placement of a student with a disability who receives special education services, ensuring that the protections remain in place. This includes:
- Manifestation determination reviews to assess whether the behavior was related to the disability or the school’s failure to implement the student’s IEP
- Continuation of special education services
- Compliance with the student's IEP or 504 plan
- Procedural safeguards
Make sure the school is aware of your child's disability and follows proper procedures before any removal. If you believe your child's special education services and/or protections are being denied, please reach out to Disability Rights Texas and complete their intake form.
What should I do if my child is removed from a teacher's classroom?
First, request immediate documentation of the incident that led to the removal. Ask for specific details about what behavior occurred and how it "interfered" with instruction or was considered "unruly" or "disruptive."
Second, ask about the appeal process and any deadlines for filing an appeal. Time may be of the essence, as there are typically strict deadlines for appeals.
Third, ask how long the removal will last and understand the process for creating a return to class plan whether or not the appeal is successful. Ask who will be involved.
Fourth, ensure that your child continues to receive educational services during the removal period. Ask where your child will be placed and what instruction they will receive.
Fifth, for students with special education services, verify that Section 37.004 protections are being followed and that a manifestation determination review has been conducted if required.
Lastly, consider consulting with an education advocate or attorney if you believe the removal was improper or based on subjective interpretation rather than clear behavioral standards.
This guide is intended solely for educational purposes and does not constitute legal advice. If you need specific legal guidance, you may reach out to our team of education attorneys by emailing info@texasappleseed.org or consult with other education attorneys and advocacy organizations.