As an ATPE staff attorney, one of the more challenging situations I see is an educator navigating serious student behavior issues. Although the law and district policies give some protections and rights to educators when dealing with violent or aggressive students, there are often complications and competing interests that influence the outcome when the student involved has special needs. If you find yourself in this situation, you will want to make sure you have a clear plan, understand the laws surrounding student removal, and be informed about your district’s assault leave policies.

Have a Plan, and Don’t Forget to Document

As with most issues, the first step for an educator is confirming they have everything properly documented and alerting the administration to the circumstances. In many situations, the student code of conduct may apply and provide guidance to the educator, but this may not be the case when the student has special needs. When approaching administration, it is ideal for the educator, as the expert closest to the situation, to bring specific suggestions forward.

When the educator has a plan for how to handle the situation, the administration may agree at least in part, and this can give some relief quickly. If a group of staff members is working with the student, you may gain more traction with the administration if you present these options as a group. This process can be done informally, or the teacher who has the student can use the Admission, Review, and Dismissal (ARD) or staffing process to push for the changes they see as necessary.

Understand the Law on Student Removal

Sometimes, a student’s behavior is so severe the teacher may be able to request the student be removed from their classroom altogether. This is called “permanent removal,” and the law around this is found in section 37.002 of the Texas Education Code. Our Spring 2022 ATPE News article discussed this process in detail, but in short, when a student has been violent or even been a significant disruption to the class, the classroom teacher has the right to request a permanent removal.

If the student has an Individualized Education Program (IEP) or other documentation, such as a Behavior Intervention Plan (BIP), that can complicate the process. In these cases, the ARD committee reviews the removal request and determines the student’s next placement. When there is an IEP, that often means the placement was decided after consideration, and the committee may be wary of making a change without an ARD meeting to confirm the proposed placement is appropriate.

However, while this is often a concern, the administration should create a temporary placement once the educator’s request is made. Unfortunately, if there isn’t a better placement, the committee may decide to return the student to the class. Although there are times the administration may look at alternative placements, the education code clearly favors keeping a student in school and, when possible, in their original classroom.

If you think a student’s behavior warrants more than a removal, but the administration seems reluctant to make a long-term placement to a disciplinary alternative education program (DAEP) or something similar, that may be the reason. It is best to ask the administration for their reasons to make sure you understand their position. In some cases, such as serious threats, the law may give the administration more options than they normally have, and they may not have realized that.

Be Familiar with Assault Leave

Finally, we always want to make sure our members know about their leave options in this situation. Sadly, the educators in the room sometimes suffer injuries before a good solution is found. If a student assault were to result in a physical injury to you, and that injury resulted in your need to be absent from work, you would likely be eligible for a special form of leave—assault leave—which means you wouldn’t be required to use your accrued leave.

If you find yourself injured by an assault, you should ask the district to apply assault leave—and though assault leave doesn’t cover leave needed for your mental health, there may be ways to take days or longer periods of time off through more traditional leave options.

These situations are very challenging and, when the district is making decisions, administrators may be more focused on their obligations to the student, but you do still have rights and options you can explore. As always, eligible ATPE members can contact the ATPE Member Legal Services Department if they are not sure what options may apply. Our legal team can review those options for your specific case and see if there is a path that works best for you.