Sec. 37.019. EMERGENCY PLACEMENT OR EXPULSION. (a) This subchapter does not prevent the principal or the principal's designee from ordering the immediate placement of a student in a disciplinary alternative education program if the principal or the principal's designee reasonably believes the student's behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher's ability to communicate effectively with the students in a class, with the ability of the student's classmates to learn, or with the operation of school or a school-sponsored activity.
(b) This subchapter does not prevent the principal or the principal's designee from ordering the immediate expulsion of a student if the principal or the principal's designee reasonably believes that action is necessary to protect persons or property from imminent harm.
(c) At the time of an emergency placement or expulsion, the student shall be given oral notice of the reason for the action. The reason must be a reason for which placement in a disciplinary alternative education program or expulsion may be made on a nonemergency basis. Within a reasonable time after the emergency placement or expulsion, but not later than the 10th day after the date of the placement or expulsion, the student shall be accorded the appropriate due process as required under Section 37.009. If the student subject to the emergency placement or expulsion is a student with disabilities who receives special education services, the emergency placement or expulsion is subject to federal law and regulations and must be consistent with the consequences that would apply under this subchapter to a student without a disability.
(d) A principal or principal's designee is not liable in civil damages for an emergency placement under this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 7, eff. June 13, 2001; Acts 2003, 78th Leg., ch. 1055, Sec. 20, eff. June 20, 2003.
Structure Texas Statutes
Chapter 37 - Discipline; Law and Order
Subchapter A. Alternative Settings for Behavior Management
Section 37.001. Student Code of Conduct
Section 37.0011. Use of Corporal Punishment
Section 37.0012. Designation of Campus Behavior Coordinator
Section 37.0013. Positive Behavior Program
Section 37.002. Removal by Teacher
Section 37.0021. Use of Confinement, Restraint, Seclusion, and Time-Out
Section 37.0022. Removal by School Bus Driver
Section 37.0023. Prohibited Aversive Techniques
Section 37.003. Placement Review Committee
Section 37.004. Placement of Students With Disabilities
Section 37.0051. Placement of Students Committing Sexual Assault Against Another Student
Section 37.0052. Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior
Section 37.006. Removal for Certain Conduct
Section 37.0061. Funding for Alternative Education Services in Juvenile Residential Facilities
Section 37.007. Expulsion for Serious Offenses
Section 37.008. Disciplinary Alternative Education Programs
Section 37.0081. Expulsion and Placement of Certain Students in Alternative Settings
Section 37.009. Conference; Hearing; Review
Section 37.0091. Notice to Noncustodial Parent
Section 37.010. Court Involvement
Section 37.011. Juvenile Justice Alternative Education Program
Section 37.012. Funding of Juvenile Justice Alternative Education Programs
Section 37.013. Coordination Between School Districts and Juvenile Boards
Section 37.014. Court-Related Children--Liaison Officers
Section 37.015. Reports to Local Law Enforcement; Liability
Section 37.016. Report of Drug Offenses; Liability
Section 37.017. Destruction of Certain Records
Section 37.018. Information for Educators
Section 37.0181. Professional Development Regarding Disciplinary Procedures
Section 37.019. Emergency Placement or Expulsion
Section 37.021. Opportunity to Complete Courses During In-School and Certain Other Placements
Section 37.022. Notice of Disciplinary Action
Section 37.023. Transition From Alternative Education Program to Regular Classroom