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Several federal agencies oversee school discipline, bullying prevention, and compliance with educational policy and law.

U.S. Department of Health and Human Services

"StopBullying.gov provides information from various government agencies on what bullying is, what cyberbullying is, who is at risk, and how you can prevent and respond to bullying" (U.S. Department of Health & Human Services, n.d.).

U.S. Department of Justice (DOJ)

Office of Juvenile Justice and Delinquency Prevention (OJJDP)

The OJJDP "works to prevent and respond to youth delinquency and protect children" (OJJDP, n.d.).

Civil Rights Division

The Civil Rights Division of the Department of Justice upholds federal legislation that require "school officials not discriminate against students on the basis of color, sex, national origin, language barrier, religion, or disability" (U.S. Department of Justice, n.d.).

U.S. Department of Education

Office for Civil Rights (OCR)

"OCR enforces Federal civil rights laws that prohibit discrimination in programs or activities receiving federal funds" (U.S. Department of Education, n.d.).

Office of Elementary and Secondary Education (OESE)

"OESE’s mission is to empower States, districts, and other organizations to meet the diverse needs of every student by providing leadership, technical assistance, and financial support" (U.S. Department of Education, n.d.).

At the state level in Texas, the Texas Education Agency is the primary governing agency overseeing school discipline and bullying prevention and policies.

Texas Education Agency (TEA)

The Texas Education Agency supports public school students through their support of the public school system. Specifically related to bullying and DAEP placements, TEA provides the guidance and framework to effectively implement the Texas Education Code and specifically Chapter 37 discipline guidelines as it relates to the issues addressed within this Legal and Ethical Guide.

Texas Education Agency enforcement of David's Law (Senate Bill 179)

David's Law strengthens protections from cyberbullying and mandates that Texas school districts develop policy and procedure to to address bullying.

References:

Office of Juvenile Justice and Delinquency Prevention.

(n.d.). About OJJDP. U.S. Department of Justice.

https://ojjdp.ojp.gov/about.

U.S. Department of Health & Human Services. (n.d.).

StopBullying.gov. https://www.stopbullying.gov/

U.S. Department of Justice. (n.d.). Educational Opportunities

Section. Civil Rights Division.

https://www.justice.gov/crt/educational-opportunities-

section

U.S. Department of Education. (n.d.). Office for Civil Rights

(OCR). https://www.ed.gov/about/ed-offices/ocr

U.S. Department of Education. (n.d.). Office of Elementary

and Secondary Education (OESE).

https://www.ed.gov/about/ed-offices/oese

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Legal and Ethical Implications of DAEP placements - My professional perspective 

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Legal and Ethical Implications of DAEP placements - My professional perspective 

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This Legal and Ethical Guide explores the ethical, academic, social/emotional and legal implications of DAEP placements from the perspective of a high school assistant principal. It offers insight for teachers, board members, school administrators, and other key stakeholders involved in education policy creation and implementation, providing an overview of how these decisions align with legal requirements and ethical considerations.

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In the case Goss v. Lopez (1975) the ruling provided due process and legal protections for students with disabilities specific to DAEP discipline placements.

Case Law Goss v. Lopez (1975) (Goss v. Lopez, 1975).

Students have a right to due process under the Fourteenth Amendment before suspension or DAEP placement can be executed.

Mandates the student has the opportunity to present their side and their voice before disciplinary action can be issued.

References:

Goss v. Lopez, 419 U.S. 565 (1975).

https://tile.loc.gov/storage-

services/service/ll/usrep/usrep419/usrep419565/usrep

419565.pdf

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Federal Regulations related to DAEP Placements 

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Federal Regulations related to DAEP Placements 

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Every Student Succeeds Act (ESSA) (20 U.S.C. § 6301).

Mandates districts track, report, and record student discipline in a board-approved policy, including DAEP placements.

Encourages districts to utilize positive behavior interventions and supports for students rather than exclusionary discipline such as Out of School Suspension (OSS) and DAEP.

References:

Every Student Succeeds Act, 20 U.S.C. § 6301 (2015)

https://www.govinfo.gov/content/pkg/USCODE-2015-

title20/html/USCODE-2015-title20-chap70-subchapI-

sec6301.htm

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The purpose of this subchapter is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps.

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Within the Millsap ISD Student Code of Conduct, the correlation to state and federal law is mandated into local policy throughout the Student Code of Conduct. It highlights policy correlating to the ethical decision-making process of students placed into DAEP. Examples of local board policy documented in the student code of conduct include:

"In deciding whether to order suspension, DAEP placement, or expulsion, regardless of whether the action is mandatory or discretionary, the district shall take into consideration a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct" (Millsap Independent School District, 2024).

"Discretionary Placement: Misconduct That May Result in DAEP Placement A student may be placed in a DAEP for behaviors prohibited in the General Conduct Violations section of this Code of Conduct" (Millsap Independent School District, 2024).

"Mandatory Placement: Misconduct That Requires DAEP Placement A student must be placed in a DAEP" (Millsap Independent School District, 2024).

References:

Millsap Independent School District. (2024). Student Code

of Conduct: 2024-2025

https://www.millsapisd.net/parents-students/parents-

students/student-code-of-conduct

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Risk Management Strategy #1: Conduct staff training for administrators, teachers, and stakeholders about the discipline process, procedures, behavioral strategies, and restorative practices to increase positive behaviors in the classroom and minimize punitive and exclusionary discipline measures utilized. Findings from a study of teachers using restorative practices with students "suggest that incorporating SEL and CE in restorative circles can be an effective strategy for educators, equipping students with essential skills for success both in school and in life" (Robinson, 2024).

Risk Management Strategy #2: Monitor DAEP placements annually (at a minimum). In order to ensure the effectiveness of our DAEP placements locally are not disproportionate and provide an opportunity for students to continue to have opportunities to be successful, data on these students will be required. "Texas schools sent 80,815 students to DAEPs in 2018-19. DAEP referrals disproportionately impact Black students, who made up almost 23% of the students referred to DAEPs but only 12.5% of the student population. Similarly, special education students comprised 10% of the student population but made up 27% of the students referred to a DAEP in 2018-19" (Ramon, 2020).

Risk Management Strategy #3: Implement Clear and Consistent Discipline Practices across both administrators and campuses within the district and/or region. Ensuring that all administrators, teachers, and stakeholders follow consistent discipline practices, aligns the actions taken with all students. Moreover, ensuring that measures are taken to follow the federal and state mandates for students with disabilities allows for due process for all students.

References:

Robinson, W.A. (2024). Reducing recidivism at DAEP with

social emotional learning and character education in

restorative circles (Publication No. 31) [Doctoral

dissertation, University of Texas at Tyler]. Scholar works

at UT Tyler.

https://scholarworks.uttyler.edu/education_grad/31/

Ramon, A. (2020, February). Why disciplinary alternative

education programs do more harm than good.

Intercultural Development Research Association.

https://www.idra.org/resource-center/why-disciplinary-

alternative-education-programs-do-more-harm-than-good/

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Reducing Recidivism at DAEP with Social Emotional Learning and Character Education in Restorative Circles

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This dissertation examines the impact of integrating social-emotional learning (SEL) and character education (CE) in restorative circles on recidivism rates in district alternative education programs (DAEP). It also explores how comprehensive training influences teachers’ perceptions of teaching SEL and CE within restorative circles. With an increasing number of students returning to DAEPs, there is concern over the insufficient SEL/CE skills necessary for success in their regular school environments. A mixed-method approach was utilized, incorporating quantitative data on student attendance, discipline, and a Likert survey on teacher perceptions, alongside qualitative data from open-ended questions. Recidivism was measured by tracking the number of students returning to the DAEP during the study. Data collection involved pre- and post-tests for attendance, discipline records, and teacher perception surveys, along with open ended questions from three teachers to gain deeper insights into observed changes. The analysis indicated a reduction in disciplinary incidents and recidivism, coupled with an improvement in student attendance. Although changes in teachers’ perceptions were not statistically significant, they showed a positive trend. These findings suggest that incorporating SEL and CE in restorative circles can be an effective strategy for educators, equipping students with essential skills for success both in school and in life.

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Specifically regarding the connection to IDEA, Rehabilitation Act of 1973, Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972 and discrimination of students, the ethical principle that applies to ensure this is implemented is:

According to Texas Administrative Code (2018), Title 19, Part 7, Chapter 247, Rule § 247.2, Standard 3.4 states "The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation"

Ensuring that the discipline policy, including DAEP placement, is consistent due to data collection of behaviors is critical. Moreover, aligning local policy to state and local law and collaborating throughout discipline decisions removes the opportunity for discrimination to occur when making discipline decisions as a school administrator.

References:

Texas Administrative Code, Title 19, Part 7, Chapter 247, Rule

§247.2, Standard 3.4. (2018). Code of Ethics and

Standard Practices for Texas Educators. Retrieved from

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage ?app=9&ch=247&rl=2&ti=19

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In reflection, understanding these laws, and multiple others is a critical component of the role of a school administrator. Personally, I am serving in a role as the only Assistant Principal at a small high school and have made behavioral decisions before learning this information, I reflect at how thankful I am for the leadership who is guiding me in the decision making process and ensuring I am following this legal framework in the ISS, OSS, DAEP and other disciplinary placements I have completed this year. Most importantly, to me, is the requirement of this assignment and the context surrounding it forced me to access these legal documents at the state, federal, and local levels and effectively drill down into the law to determine how decisions can be made that can be backed by law.

Reading, analyzing, and understanding the law surrounding mandated and discretionary DAEP placements at the state and local encourages me that decisions I have made thus far have followed these mandates.

Specifically regarding the data from studies investigated and explored through this context, ensuring that DAEP is not overutilized is crucial, and that providing training to staff and aligning administration on ways to provide alternative disciplinary actions to these discretionary placements would be impactful to student success.

Upon reflection on this one individual ethical and legal issue I identified, I feel a bit overwhelmed when I think about the number of issues and various situations that come up daily and the speed at which decisions are sometimes made. Ensuring that I take the time, even when it doesn't exist, to research state and federal law, Millsap ISD Code of Conduct, and Chapter 37 discipline guidelines every time to ensure alignment and consistency with the mandates in place is critical to protect student rights.

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Best practices for legal requirements:

Before all disciplinary placements into DAEP, ensure that Chapter 37 discipline guidelines are reviewed and adhered to, including MDR (if applicable) and student due process.

Evaluate DAEP for effectiveness and compliance, including annual monitoring or DAEP placements. The effectiveness of DAEP should include academic effectiveness that aligns with the students' original campus and continues to grow students, and behavior interventions to support DAEP and aid in the transition back to campus.

Implementation of a positive behavior intervention plan, training, and coaching for all stakeholders, including intensive interventions with chronic behavioral students and concerns that could be addressed before the need for DAEP is even present.

Follow due process for all students and ensure students have a voice, parents are notified prior to DAEP hearing, and appeal processes are clear and communicated to parents/guardians to ensure that there is a fair system in place to voice concerns and ensure accountability of these legal mandates by school districts.

Develop clear, consistent behavioral/discipline matrix to ensure all administrators throughout the district/campus are providing students equivalent discipline consequences for similar behaviors.

Annually review the DAEP discipline and analyze for discrimination, discretionary placements, academic achievement, and disproportionate placement.

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Statute (Texas Education Code - TEC)

Texas Education Code § 37.008 (Texas Education Code, 2023, § 37.008).

Requirements of DAEP

Minimum standards/mandates including:

academic instruction standards

self-discipline skills based instruction

behavioral supports

transition supports for students returning to campus after DAEP.

Administrative Laws (Texas Administrative Code - TAC)

Texas Administrative Code, Title 19, Part 2, Chapter 89, Subchapter AA, § 89.1053 (Texas Administrative Code, 2023, § 89.1053).

Removal of special education students, including DAEP placements.

Effectively reinforces IDEA ensuring that districts provide legally binding and appropriate educational opportunities for students, even when in a DAEP setting.

References:

Texas Education Code, § 37.008 (2023)

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Administrative Code, § 19 TAC § 89.1053 (2023).

https://texreg.sos.state.tx.us/public/readtac$ext.Vie

wTAC?tac_view=5&ti=19&pt=2&ch=89&sch=AA&rl=Y

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EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE G. SAFE SCHOOLS



CHAPTER 37. DISCIPLINE; LAW AND ORDER



SUBCHAPTER A. ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT



Sec. 37.001. STUDENT CODE OF CONDUCT. (a) The board of trustees of an independent school district shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district. The student code of conduct must be posted and prominently displayed at each school campus or made available for review at the office of the campus principal. In addition to establishing standards for student conduct, the student code of conduct must:


(1) specify the circumstances, in accordance with this subchapter, under which a student may be removed from a classroom, campus, disciplinary alternative education program, or vehicle owned or operated by the district;


(2) specify conditions that authorize or require a principal or other appropriate administrator to transfer a student to a disciplinary alternative education program;


(3) outline conditions under which a student may be suspended as provided by Section 37.005 or expelled as provided by Section 37.007;


(4) specify that consideration will be given, as a factor in each decision concerning suspension, removal to a disciplinary alternative education program, expulsion, or placement in a juvenile justice alternative education program, regardless of whether the decision concerns a mandatory or discretionary action, to:


(A) self-defense;


(B) intent or lack of intent at the time the student engaged in the conduct;


(C) a student's disciplinary history;


(D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct;


(E) a student's status in the conservatorship of the Department of Family and Protective Services; or


(F) a student's status as a student who is homeless;


(5) provide guidelines for setting the length of a term of:


(A) a removal under Section 37.006; and


(B) an expulsion under Section 37.007;


(6) address the notification of a student's parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion;


(7) prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions;


(8) provide, as appropriate for students at each grade level, methods, including options, for:


(A) managing students in the classroom, on school grounds, and on a vehicle owned or operated by the district;


(B) disciplining students; and


(C) preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists; and


(9) include an explanation of the provisions regarding refusal of entry to or ejection from district property under Section 37.105, including the appeal process established under Section 37.105(h).


(b) In this section:


(1) "Bullying" has the meaning assigned by Section 37.0832.


(2) "Harassment" means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student's physical or emotional health or safety.


(3) "Hit list" means a list of people targeted to be harmed, using:


(A) a firearm, as defined by Section 46.01(3), Penal Code;


(B) a knife, as defined by Section 46.01(7), Penal Code; or


(C) any other object to be used with intent to cause bodily harm.


(4) "Student who is homeless" has the meaning assigned to the term "homeless children and youths" under 42 U.S.C. Section 11434a.


(b-1) The methods adopted under Subsection (a)(8) must provide that a student who is enrolled in a special education program under Subchapter A, Chapter 29, may not be disciplined for conduct prohibited in accordance with Subsection (a)(7) until an admission, review, and dismissal committee meeting has been held to review the conduct.


(c) Once the student code of conduct is promulgated, any change or amendment must be approved by the board of trustees.


(d) Each school year, a school district shall provide parents notice of and information regarding the student code of conduct.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 2, eff. June 19, 1997; Acts 2003, 78th Leg., ch. 1055, Sec. 4, 30, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 1, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 3, eff. June 18, 2005.


Acts 2009, 81st Leg., R.S., Ch. 897 (H.B. 171), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 5, eff. June 17, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 487 (S.B. 1541), Sec. 1, eff. June 14, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 3, eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 924 (S.B. 1553), Sec. 4, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 167 (H.B. 811), Sec. 1, eff. May 24, 2019.


Acts 2019, 86th Leg., R.S., Ch. 167 (H.B. 811), Sec. 2, eff. May 24, 2019.


Sec. 37.0011. USE OF CORPORAL PUNISHMENT. (a) In this section, "corporal punishment" means the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline. The term does not include:


(1) physical pain caused by reasonable physical activities associated with athletic training, competition, or physical education; or


(2) the use of restraint as authorized under Section 37.0021.


(b) If the board of trustees of an independent school district adopts a policy under Section 37.001(a)(8) under which corporal punishment is permitted as a method of student discipline, a district educator may use corporal punishment to discipline a student unless the student's parent or guardian or other person having lawful control over the student has previously provided a written, signed statement prohibiting the use of corporal punishment as a method of student discipline.


(c) To prohibit the use of corporal punishment as a method of student discipline, each school year a student's parent or guardian or other person having lawful control over the student must provide a separate written, signed statement to the board of trustees of the school district in the manner established by the board.


(d) The student's parent or guardian or other person having lawful control over the student may revoke the statement provided to the board of trustees under Subsection (c) at any time during the school year by submitting a written, signed revocation to the board in the manner established by the board.


Added by Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 1, eff. September 1, 2011.


Sec. 37.0012. DESIGNATION OF CAMPUS BEHAVIOR COORDINATOR. (a) A person at each campus must be designated to serve as the campus behavior coordinator. The person designated may be the principal of the campus or any other campus administrator selected by the principal.


(b) The campus behavior coordinator is primarily responsible for maintaining student discipline and the implementation of this subchapter.


(c) Except as provided by this chapter, the specific duties of the campus behavior coordinator may be established by campus or district policy. Unless otherwise provided by campus or district policy:


(1) a duty imposed on a campus principal or other campus administrator under this subchapter shall be performed by the campus behavior coordinator; and


(2) a power granted to a campus principal or other campus administrator under this subchapter may be exercised by the campus behavior coordinator.


(d) The campus behavior coordinator shall promptly notify a student's parent or guardian as provided by this subsection if under this subchapter the student is placed into in-school or out-of-school suspension, placed in a disciplinary alternative education program, expelled, or placed in a juvenile justice alternative education program or is taken into custody by a law enforcement officer. A campus behavior coordinator must comply with this subsection by:


(1) promptly contacting the parent or guardian by telephone or in person; and


(2) making a good faith effort to provide written notice of the disciplinary action to the student, on the day the action is taken, for delivery to the student's parent or guardian.


(e) If a parent or guardian entitled to notice under Subsection (d) has not been reached by telephone or in person by 5 p.m. of the first business day after the day the disciplinary action is taken, a campus behavior coordinator shall mail written notice of the action to the parent or guardian at the parent's or guardian's last known address.


(f) If a campus behavior coordinator is unable or not available to promptly provide notice under Subsection (d), the principal or other designee shall provide the notice.


Added by Acts 2015, 84th Leg., R.S., Ch. 1267 (S.B. 107), Sec. 1, eff. June 20, 2015.


Sec. 37.0013. POSITIVE BEHAVIOR PROGRAM. (a) Each school district and open-enrollment charter school may develop and implement a program, in consultation with campus behavior coordinators employed by the district or school and representatives of a regional education service center, that provides a disciplinary alternative for a student enrolled in a grade level below grade three who engages in conduct described by Section 37.005(a) and is not subject to Section 37.005(c). The program must:


(1) be age-appropriate and research-based;


(2) provide models for positive behavior;


(3) promote a positive school environment;


(4) provide alternative disciplinary courses of action that do not rely on the use of in-school suspension, out-of-school suspension, or placement in a disciplinary alternative education program to manage student behavior; and


(5) provide behavior management strategies, including:


(A) positive behavioral intervention and support;


(B) trauma-informed practices;


(C) social and emotional learning;


(D) a referral for services, as necessary; and


(E) restorative practices.


(b) Each school district and open-enrollment charter school may annually conduct training for staff employed by the district or school on the program adopted under Subsection (a).


Added by Acts 2017, 85th Leg., R.S., Ch. 696 (H.B. 674), Sec. 1, eff. June 12, 2017.


Sec. 37.002. REMOVAL BY TEACHER. (a) A teacher may send a student to the campus behavior coordinator's office to maintain effective discipline in the classroom. The campus behavior coordinator shall respond by employing appropriate discipline management techniques consistent with the student code of conduct adopted under Section 37.001 that can reasonably be expected to improve the student's behavior before returning the student to the classroom. If the student's behavior does not improve, the campus behavior coordinator shall employ alternative discipline management techniques, including any progressive interventions designated as the responsibility of the campus behavior coordinator in the student code of conduct.


(b) A teacher may remove from class 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 student's classmates 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 in the class or with the ability of the student's classmates to learn.


(b-1) A teacher may document any conduct by a student that does not conform to the student code of conduct adopted under Section 37.001 and may submit that documentation to the principal. A school district may not discipline a teacher on the basis of documentation submitted under this subsection.


(c) If a teacher removes a student from class under Subsection (b), the principal may place the student into another appropriate classroom, into in-school suspension, or into a disciplinary alternative education program as provided by Section 37.008. The principal may not return the student to that teacher's class without the teacher's consent unless the committee established under Section 37.003 determines that such placement is the best or only alternative available. The terms of the removal may prohibit the student from attending or participating in school-sponsored or school-related activity.


(e) A student who is sent to the campus behavior coordinator's or other administrator's office under Subsection (a) or removed from class under Subsection (b) 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.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 5, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 2, eff. June 17, 2005.


Acts 2015, 84th Leg., R.S., Ch. 1267 (S.B. 107), Sec. 2, eff. June 20, 2015.


Acts 2019, 86th Leg., R.S., Ch. 630 (S.B. 1451), Sec. 3, eff. June 10, 2019.


Sec. 37.0021. USE OF CONFINEMENT, RESTRAINT, SECLUSION, AND TIME-OUT. (a) It is the policy of this state to treat with dignity and respect all students, including students with disabilities who receive special education services under Subchapter A, Chapter 29. A student with a disability who receives special education services under Subchapter A, Chapter 29, may not be confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique.


(b) In this section:


(1) "Restraint" means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student's body.


(2) "Seclusion" means a behavior management technique in which a student is confined in a locked box, locked closet, or locked room that:


(A) is designed solely to seclude a person; and


(B) contains less than 50 square feet of space.


(3) "Time-out" means a behavior management technique in which, to provide a student with an opportunity to regain self-control, the student is separated from other students for a limited period in a setting:


(A) that is not locked; and


(B) from which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object.


(4) "Law enforcement duties" means activities of a peace officer relating to the investigation and enforcement of state criminal laws and other duties authorized by the Code of Criminal Procedure.


(c) A school district employee or volunteer or an independent contractor of a district may not place a student in seclusion. This subsection does not apply to the use of seclusion in a court-ordered placement, other than a placement in an educational program of a school district, or in a placement or facility to which the following law, rules, or regulations apply:


(1) the Children's Health Act of 2000, Pub. L. No. 106-310, any subsequent amendments to that Act, any regulations adopted under that Act, or any subsequent amendments to those regulations;


(2) 40 T.A.C. Sections 720.1001-720.1013; or


(3) 25 T.A.C. Section 412.308(e).


(d) The commissioner by rule shall adopt procedures for the use of restraint and time-out by a school district employee or volunteer or an independent contractor of a district in the case of a student with a disability receiving special education services under Subchapter A, Chapter 29. A procedure adopted under this subsection must:


(1) be consistent with:


(A) professionally accepted practices and standards of student discipline and techniques for behavior management; and


(B) relevant health and safety standards;


(2) identify any discipline management practice or behavior management technique that requires a district employee or volunteer or an independent contractor of a district to be trained before using that practice or technique; and


(3) require a school district to:


(A) provide written notification to the student's parent or person standing in parental relation to the student for each use of restraint that includes:


(i) the name of the student;


(ii) the name of the district employee or volunteer or independent contractor of the district who administered the restraint;


(iii) the date of the restraint;


(iv) the time that the restraint started and ended;


(v) the location of the restraint;


(vi) the nature of the restraint;


(vii) a description of the activity in which the student was engaged immediately preceding the use of the restraint;


(viii) the behavior of the student that prompted the restraint;


(ix) any efforts made to de-escalate the situation and any alternatives to restraint that were attempted;


(x) if the student has a behavior improvement plan or a behavioral intervention plan, whether the plan may need to be revised as a result of the behavior that led to the restraint; and


(xi) if the student does not have a behavior improvement plan or a behavioral intervention plan, information on the procedure for the student's parent or person standing in parental relation to the student to request an admission, review, and dismissal committee meeting to discuss the possibility of conducting a functional behavioral assessment of the student and developing a plan for the student;


(B) include in a student's special education eligibility school records:


(i) a copy of the written notification provided to the student's parent or person standing in parental relation to the student under Paragraph (A);


(ii) information on the method by which the written notification was sent to the parent or person; and


(iii) the contact information for the parent or person to whom the district sent the notification; and


(C) if the student has a behavior improvement plan or behavioral intervention plan, document each use of time-out prompted by a behavior of the student specified in the student's plan, including a description of the behavior that prompted the time-out.


(e) In the case of a conflict between a rule adopted under Subsection (d) and a rule adopted under Subchapter A, Chapter 29, the rule adopted under Subsection (d) controls.


(f) For purposes of this subsection, "weapon" includes any weapon described under Section 37.007(a)(1). This section does not prevent a student's locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement personnel if:


(1) the student possesses a weapon; and


(2) the confinement is necessary to prevent the student from causing bodily harm to the student or another person.


(g) This section and any rules or procedures adopted under this section do not apply to:


(1) a peace officer performing law enforcement duties, except as provided by Subsection (i);


(2) juvenile probation, detention, or corrections personnel; or


(3) an educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district.


(h) This section and any rules or procedures adopted under this section apply to a peace officer only if the peace officer:


(1) is employed or commissioned by a school district; or


(2) provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the district and a local law enforcement agency.


(i) A school district shall report electronically to the agency, in accordance with standards provided by commissioner rule, information relating to the use of restraint by a peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity. A report submitted under this subsection must be consistent with the requirements adopted by commissioner rule for reporting the use of restraint involving students with disabilities.


Added by Acts 2001, 77th Leg., ch. 212, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 6, eff. June 20, 2003.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 2, eff. September 1, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 3, eff. September 1, 2011.


Acts 2021, 87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 2, eff. June 4, 2021.


Sec. 37.0022. REMOVAL BY SCHOOL BUS DRIVER. (a) The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the principal's office to maintain effective discipline on the school bus. The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct adopted under Section 37.001.


(b) Section 37.004 applies to any placement under Subsection (a) of a student with a disability who receives special education services.


Added by Acts 2013, 83rd Leg., R.S., Ch. 487 (S.B. 1541), Sec. 2, eff. June 14, 2013.


Sec. 37.0023. PROHIBITED AVERSIVE TECHNIQUES. (a) In this section, "aversive technique" means a technique or intervention that is intended to reduce the likelihood of a behavior reoccurring by intentionally inflicting on a student significant physical or emotional discomfort or pain. The term includes a technique or intervention that:


(1) is designed to or likely to cause physical pain, other than an intervention or technique permitted under Section 37.0011;


(2) notwithstanding Section 37.0011, is designed to or likely to cause physical pain through the use of electric shock or any procedure that involves the use of pressure points or joint locks;


(3) involves the directed release of a noxious, toxic, or otherwise unpleasant spray, mist, or substance near the student's face;


(4) denies adequate sleep, air, food, water, shelter, bedding, physical comfort, supervision, or access to a restroom facility;


(5) ridicules or demeans the student in a manner that adversely affects or endangers the learning or mental health of the student or constitutes verbal abuse;


(6) employs a device, material, or object that simultaneously immobilizes all four extremities, including any procedure that results in such immobilization known as prone or supine floor restraint;


(7) impairs the student's breathing, including any procedure that involves:


(A) applying pressure to the student's torso or neck; or


(B) obstructing the student's airway, including placing an object in, on, or over the student's mouth or nose or placing a bag, cover, or mask over the student's face;


(8) restricts the student's circulation;


(9) secures the student to a stationary object while the student is in a sitting or standing position;


(10) inhibits, reduces, or hinders the student's ability to communicate;


(11) involves the use of a chemical restraint;


(12) constitutes a use of timeout that precludes the student from being able to be involved in and progress appropriately in the required curriculum and, if applicable, toward the annual goals included in the student's individualized education program, including isolating the student by the use of physical barriers; or


(13) except as provided by Subsection (c), deprives the student of the use of one or more of the student's senses.


(b) A school district or school district employee or volunteer or an independent contractor of a school district may not apply an aversive technique, or by authorization, order, or consent, cause an aversive technique to be applied, to a student.


(c) Notwithstanding Subsection (a)(13), an aversive technique described by Subsection (a)(13) may be used if the technique is executed in a manner that:


(1) does not cause the student discomfort or pain; or


(2) complies with the student's individualized education program or behavior intervention plan.


(d) Nothing in this section may be construed to prohibit a teacher from removing a student from class under Section 37.002.


(e) In adopting procedures under this section, the commissioner shall provide guidance to school district employees, volunteers, and independent contractors of school districts in avoiding a violation of Subsection (b).


Added by Acts 2019, 86th Leg., R.S., Ch. 598 (S.B. 712), Sec. 1, eff. June 10, 2019.


Added by Acts 2019, 86th Leg., R.S., Ch. 1180 (H.B. 3630), Sec. 1, eff. June 14, 2019.


Sec. 37.003. PLACEMENT REVIEW COMMITTEE. (a) Each school shall establish a three-member committee to determine placement of a student when a teacher refuses the return of a student to the teacher's class and make recommendations to the district regarding readmission of expelled students. Members shall be appointed as follows:


(1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and


(2) the principal shall choose one member from the professional staff of a campus.


(b) The teacher refusing to readmit the student may not serve on the committee.


(c) The committee's placement determination regarding a student with a disability who receives special education services under Subchapter A, Chapter 29, is subject to the requirements of the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) and federal regulations, state statutes, and agency requirements necessary to carry out federal law or regulations or state law relating to special education.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 7, eff. June 20, 2003.


Sec. 37.004. PLACEMENT OF STUDENTS WITH DISABILITIES. (a) The placement of a student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal committee.


(b) Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law may be taken only after the student's admission, review, and dismissal committee conducts a manifestation determination review under 20 U.S.C. Section 1415(k)(4) and its subsequent amendments. Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of:


(1) functional behavioral assessments;


(2) positive behavioral interventions, strategies, and supports;


(3) behavioral intervention plans; and


(4) the manifestation determination review.


(b-1) If a school district takes a disciplinary action regarding a student with a disability who receives special education services that constitutes a change in placement under federal law, the district shall:


(1) not later than the 10th school day after the change in placement:


(A) seek consent from the student's parent or person standing in parental relation to the student to conduct a functional behavioral assessment of the student, if a functional behavioral assessment has never been conducted on the student or the student's most recent functional behavioral assessment is more than one year old; and


(B) review any previously conducted functional behavioral assessment of the student and any behavior improvement plan or behavioral intervention plan developed for the student based on that assessment; and


(2) as necessary:


(A) develop a behavior improvement plan or behavioral intervention plan for the student if the student does not have a plan; or


(B) if the student has a behavior improvement plan or behavioral intervention plan, revise the student's plan.


(c) A student with a disability who receives special education services may not be placed in alternative education programs solely for educational purposes.


(d) A teacher in an alternative education program under Section 37.008 who has a special education assignment must hold an appropriate certificate or permit for that assignment.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 6, eff. June 13, 2001; Acts 2001, 77th Leg., ch. 1225, Sec. 1, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 435, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.006, eff. Sept. 1, 2003.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 3, eff. June 4, 2021.


Sec. 37.005. SUSPENSION. (a) The principal or other appropriate administrator may suspend a student who engages in conduct identified in the student code of conduct adopted under Section 37.001 as conduct for which a student may be suspended.


(b) A suspension under this section may not exceed three school days.


(c) A student who is enrolled in a grade level below grade three may not be placed in out-of-school suspension unless while on school property or while attending a school-sponsored or school-related activity on or off of school property, the student engages in:


(1) conduct that contains the elements of an offense related to weapons under Section 46.02 or 46.05, Penal Code;


(2) conduct that contains the elements of a violent offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code; or


(3) selling, giving, or delivering to another person or possessing, using, or being under the influence of any amount of:


(A) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;


(B) a dangerous drug, as defined by Chapter 483, Health and Safety Code; or


(C) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code.


(d) A school district or open-enrollment charter school may not place a student who is homeless in out-of-school suspension unless the student engages in conduct described by Subsections (c)(1)-(3) while on school property or while attending a school-sponsored or school-related activity on or off of school property. The campus behavior coordinator may coordinate with the school district's homeless education liaison to identify appropriate alternatives to out-of-school suspension for a student who is homeless. In this subsection, "student who is homeless" has the meaning assigned to the term "homeless children and youths" under 42 U.S.C. Section 11434a.


(e) A school district shall provide to a student during the period of the student's suspension under this section, regardless of whether the student is placed in in-school or out-of-school suspension, an alternative means of receiving all course work provided in the classes in the foundation curriculum under Section 28.002(a)(1) that the student misses as a result of the suspension. The district must provide at least one option for receiving the course work that does not require the use of the Internet.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 8, eff. June 20, 2003.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 696 (H.B. 674), Sec. 2, eff. June 12, 2017.


Acts 2019, 86th Leg., R.S., Ch. 479 (H.B. 692), Sec. 1, eff. June 7, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1150 (H.B. 3012), Sec. 1, eff. June 14, 2019.


(b) A limitation imposed by this subchapter on the length of a placement in a disciplinary alternative education program or a juvenile justice alternative education program does not apply to a placement under this section.


Added by Acts 2005, 79th Leg., Ch. 997 (H.B. 308), Sec. 2, eff. June 18, 2005.


Sec. 37.0052. PLACEMENT OR EXPULSION OF STUDENTS WHO HAVE ENGAGED IN CERTAIN BULLYING BEHAVIOR. (a) In this section:


(1) "Bullying" has the meaning assigned by Section 37.0832.


(2) "Intimate visual material" has the meaning assigned by Section 98B.001, Civil Practice and Remedies Code.


(b) A student may be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 or expelled if the student:


(1) engages in bullying that encourages a student to commit or attempt to commit suicide;


(2) incites violence against a student through group bullying; or


(3) releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student's consent.


(c) Nothing in this section exempts a school from reporting a finding of intimate visual material of a minor.


Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 3, eff. September 1, 2017.


Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT. (a) A student shall be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 if the student:


(1) engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06, Penal Code, or terroristic threat under Section 22.07, Penal Code; or


(2) commits the following on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:


(A) engages in conduct punishable as a felony;


(B) engages in conduct that contains the elements of the offense of assault under Section 22.01(a)(1), Penal Code;


(C) sells, gives, or delivers to another person or possesses or uses or is under the influence of:


(i) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.; or


(ii) a dangerous drug, as defined by Chapter 483, Health and Safety Code;


(D) sells, gives, or delivers to another person an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage;


(E) engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections 485.031 through 485.034, Health and Safety Code;


(F) engages in conduct that contains the elements of the offense of public lewdness under Section 21.07, Penal Code, or indecent exposure under Section 21.08, Penal Code; or


(G) engages in conduct that contains the elements of the offense of harassment under Section 42.07(a)(1), (2), (3), or (7), Penal Code, against an employee of the school district.


(c) In addition to Subsections (a) and (b), a student shall be removed from class and placed in a disciplinary alternative education program under Section 37.008 based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if:


(1) the student receives deferred prosecution under Section 53.03, Family Code, for conduct defined as:


(A) a felony offense in Title 5, Penal Code; or


(B) the felony offense of aggravated robbery under Section 29.03, Penal Code;


(2) a court or jury finds that the student has engaged in delinquent conduct under Section 54.03, Family Code, for conduct defined as:


(A) a felony offense in Title 5, Penal Code; or


(B) the felony offense of aggravated robbery under Section 29.03, Penal Code; or


(3) the superintendent or the superintendent's designee has a reasonable belief that the student has engaged in a conduct defined as:


(A) a felony offense in Title 5, Penal Code; or


(B) the felony offense of aggravated robbery under Section 29.03, Penal Code.


(d) In addition to Subsections (a), (b), and (c), a student may be removed from class and placed in a disciplinary alternative education program under Section 37.008 based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if:


(1) the superintendent or the superintendent's designee has a reasonable belief that the student has engaged in conduct defined as a felony offense other than aggravated robbery under Section 29.03, Penal Code, or those offenses defined in Title 5, Penal Code; and


(2) the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.


(e) In determining whether there is a reasonable belief that a student has engaged in conduct defined as a felony offense by the Penal Code, the superintendent or the superintendent's designee may consider all available information, including the information furnished under Article 15.27, Code of Criminal Procedure, other than information requested under Article 15.27(k-1), Code of Criminal Procedure.


(g) The terms of a placement under this section must prohibit the student from attending or participating in a school-sponsored or school-related activity.


(h) On receipt of notice under Article 15.27(g), Code of Criminal Procedure, the superintendent or the superintendent's designee shall review the student's placement in the disciplinary alternative education program. The student may not be returned to the regular classroom pending the review. The superintendent or the superintendent's designee shall schedule a review of the student's placement with the student's parent or guardian not later than the third class day after the superintendent or superintendent's designee receives notice from the office or official designated by the court. After reviewing the notice and receiving information from the student's parent or guardian, the superintendent or the superintendent's designee may continue the student's placement in the disciplinary alternative education program if there is reason to believe that the presence of the student in the regular classroom threatens the safety of other students or teachers.


(i) The student or the student's parent or guardian may appeal the superintendent's decision under Subsection (h) to the board of trustees. The student may not be returned to the regular classroom pending the appeal. The board shall, at the next scheduled meeting, review the notice provided under Article 15.27(g), Code of Criminal Procedure, and receive information from the student, the student's parent or guardian, and the superintendent or superintendent's designee and confirm or reverse the decision under Subsection (h). The board shall make a record of the proceedings. If the board confirms the decision of the superintendent or superintendent's designee, the board shall inform the student and the student's parent or guardian of the right to appeal to the commissioner under Subsection (j).


(j) Notwithstanding Section 7.057(e), the decision of the board of trustees under Subsection (i) may be appealed to the commissioner as provided by Sections 7.057(b), (c), (d), and (f). The student may not be returned to the regular classroom pending the appeal.


(k) Subsections (h), (i), and (j) do not apply to placements made in accordance with Subsection (a).


(l) Notwithstanding any other provision of this code, other than Section 37.007(e)(2), a student who is younger than six years of age may not be removed from class and placed in a disciplinary alternative education program.


(m) Removal to a disciplinary alternative education program under Subsection (a) is not required if the student is expelled under Section 37.007 for the same conduct for which removal would be required.


(n) A principal or other appropriate administrator may but is not required to remove a student to a disciplinary alternative education program for off-campus conduct for which removal is required under this section if the principal or other appropriate administrator does not have knowledge of the conduct before the first anniversary of the date the conduct occurred.


(o) In addition to any notice required under Article 15.27, Code of Criminal Procedure, a principal or a principal's designee shall inform each educator who has responsibility for, or is under the direction and supervision of an educator who has responsibility for, the instruction of a student who has engaged in any violation listed in this section of the student's misconduct. Each educator shall keep the information received under this subsection confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student's parent or guardian as provided for by state or federal law. The State Board for Educator Certification may revoke or suspend the certification of an educator who intentionally violates this subsection.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 3, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.15, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 486, Sec. 1, eff. June 11, 2001; Acts 2003, 78th Leg., ch. 1055, Sec. 9, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 3, eff. June 17, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 1, eff. June 17, 2011.


Acts 2019, 86th Leg., R.S., Ch. 451 (S.B. 2135), Sec. 2, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 698 (S.B. 2432), Sec. 1, eff. September 1, 2019.


Sec. 37.0061. FUNDING FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES. A school district that provides education services to pre-adjudicated and post-adjudicated students who are confined by court order in a juvenile residential facility operated by a juvenile board is entitled to count such students in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program. If the district has a local revenue level greater than the guaranteed local revenue level but less than the level established under Section 48.257, the district in which the student is enrolled on the date a court orders the student to be confined to a juvenile residential facility shall transfer to the district providing education services an amount equal to the difference between the average Foundation School Program costs per student of the district providing education services and the sum of the state aid and the money from the available school fund received by the district that is attributable to the student for the portion of the school year for which the district provides education services to the student.


Added by Acts 1997, 75th Leg., ch. 1015, Sec. 4, eff. June 19, 1997.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.041, eff. September 1, 2019.


Sec. 37.0062. INSTRUCTIONAL REQUIREMENTS FOR ALTERNATIVE EDUCATION SERVICES IN JUVENILE RESIDENTIAL FACILITIES. (a) The commissioner shall determine the instructional requirements for education services provided by a school district or open-enrollment charter school in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility operated by a juvenile board or a post-adjudication secure correctional facility operated under contract with the Texas Juvenile Justice Department, including requirements relating to:


(1) the length of the school day;


(2) the number of days of instruction provided to students each school year; and


(3) the curriculum of the educational program.


(b) The commissioner shall coordinate with the Texas Juvenile Justice Department in determining the instructional requirements for education services provided under Subsection (a):


(1) in a pre-adjudication secure detention facility or a post-adjudication secure correctional facility operated by a juvenile board; and


(2) in a post-adjudication secure correctional facility operated under contract with the department.


(c) The commissioner shall adopt rules necessary to administer this section. The rules must ensure that:


(1) a student who receives education services in a pre-adjudication secure detention facility described by this section is offered courses that enable the student to maintain progress toward completing high school graduation requirements; and


(2) a student who receives education services in a post-adjudication secure correctional facility described by this section is offered, at a minimum, the courses necessary to enable the student to complete high school graduation requirements.


(d) The Texas Juvenile Justice Department shall coordinate with the commissioner in establishing standards for:


(1) ensuring security in the provision of education services in the facilities; and


(2) providing children in the custody of the facilities access to education services.


Added by Acts 2007, 80th Leg., R.S., Ch. 615 (H.B. 425), Sec. 1, eff. September 1, 2007.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 32, eff. September 1, 2015.


Sec. 37.007. EXPULSION FOR SERIOUS OFFENSES. (a) Except as provided by Subsection (k), a student shall be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property:


(1) engages in conduct that contains the elements of the offense of unlawfully carrying weapons under Section 46.02, Penal Code, or elements of an offense relating to prohibited weapons under Section 46.05, Penal Code;


(2) engages in conduct that contains the elements of the offense of:


(B) arson under Section 28.02, Penal Code;


(D) indecency with a child under Section 21.11, Penal Code;


(E) aggravated kidnapping under Section 20.04, Penal Code;


(F) aggravated robbery under Section 29.03, Penal Code;


(G) manslaughter under Section 19.04, Penal Code;


(H) criminally negligent homicide under Section 19.05, Penal Code; or


(I) continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code; or


(3) engages in conduct specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.


(b) A student may be expelled if the student:


(1) engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06, Penal Code, or terroristic threat under Section 22.07, Penal Code;


(2) while on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:


(A) sells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of:


(i) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;


(ii) a dangerous drug, as defined by Chapter 483, Health and Safety Code; or


(iii) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code;


(B) engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections 485.031 through 485.034, Health and Safety Code;


(C) engages in conduct that contains the elements of an offense under Section 22.01(a)(1), Penal Code, against a school district employee or a volunteer as defined by Section 22.053; or


(D) engages in conduct that contains the elements of the offense of deadly conduct under Section 22.05, Penal Code;


(3) subject to Subsection (d), while within 300 feet of school property, as measured from any point on the school's real property boundary line:


(A) engages in conduct specified by Subsection (a); or


(B) possesses a firearm, as defined by 18 U.S.C. Section 921;


(4) engages in conduct that contains the elements of any offense listed in Subsection (a)(2)(A) or (C) or the offense of aggravated robbery under Section 29.03, Penal Code, against another student, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property; or


(5) engages in conduct that contains the elements of the offense of breach of computer security under Section 33.02, Penal Code, if:


(A) the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district; and


(B) the student knowingly:


(i) alters, damages, or deletes school district property or information; or


(ii) commits a breach of any other computer, computer network, or computer system.


(c) A student may be expelled if the student, while placed in a disciplinary alternative education program, engages in documented serious misbehavior while on the program campus despite documented behavioral interventions. For purposes of this subsection, "serious misbehavior" means:


(1) deliberate violent behavior that poses a direct threat to the health or safety of others;


(2) extortion, meaning the gaining of money or other property by force or threat;


(3) conduct that constitutes coercion, as defined by Section 1.07, Penal Code; or


(4) conduct that constitutes the offense of:


(A) public lewdness under Section 21.07, Penal Code;


(B) indecent exposure under Section 21.08, Penal Code;


(C) criminal mischief under Section 28.03, Penal Code;


(D) personal hazing under Section 37.152; or


(E) harassment under Section 42.07(a)(1), Penal Code, of a student or district employee.


(d) A student shall be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (a), and may be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (b)(2)(C), against any employee or volunteer in retaliation for or as a result of the person's employment or association with a school district, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property.


(e) In accordance with 20 U.S.C. Section 7151, a local educational agency, including a school district, home-rule school district, or open-enrollment charter school, shall expel a student who brings a firearm, as defined by 18 U.S.C. Section 921, to school. The student must be expelled from the student's regular campus for a period of at least one year, except that:


(1) the superintendent or other chief administrative officer of the school district or of the other local educational agency, as defined by 20 U.S.C. Section 7801, may modify the length of the expulsion in the case of an individual student;


(2) the district or other local educational agency shall provide educational services to an expelled student in a disciplinary alternative education program as provided by Section 37.008 if the student is younger than 10 years of age on the date of expulsion; and


(3) the district or other local educational agency may provide educational services to an expelled student who is 10 years of age or older in a disciplinary alternative education program as provided in Section 37.008.


(f) A student who engages in conduct that contains the elements of the offense of criminal mischief under Section 28.03, Penal Code, may be expelled at the district's discretion if the conduct is punishable as a felony under that section. The student shall be referred to the authorized officer of the juvenile court regardless of whether the student is expelled.


(g) In addition to any notice required under Article 15.27, Code of Criminal Procedure, a school district shall inform each educator who has responsibility for, or is under the direction and supervision of an educator who has responsibility for, the instruction of a student who has engaged in any violation listed in this section of the student's misconduct. Each educator shall keep the information received under this subsection confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student's parent or guardian as provided for by state or federal law. The State Board for Educator Certification may revoke or suspend the certification of an educator who intentionally violates this subsection.


(h) Subject to Subsection (e), notwithstanding any other provision of this section, a student who is younger than 10 years of age may not be expelled for engaging in conduct described by this section.


(i) A student who engages in conduct described by Subsection (a) may be expelled from school by the district in which the student attends school if the student engages in that conduct:


(1) on school property of another district in this state; or


(2) while attending a school-sponsored or school-related activity of a school in another district in this state.


(k) A student may not be expelled solely on the basis of the student's use, exhibition, or possession of a firearm that occurs:


(1) at an approved target range facility that is not located on a school campus; and


(2) while participating in or preparing for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Parks and Wildlife Department or a shooting sports sanctioning organization working with the department.


(l) Subsection (k) does not authorize a student to bring a firearm on school property to participate in or prepare for a school-sponsored shooting sports competition or a shooting sports educational activity described by that subsection.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 5, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 542, Sec. 1, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 486, Sec. 2, eff. June 11, 2001; Acts 2003, 78th Leg., ch. 225, Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 443, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1055, Sec. 10, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 4, eff. June 17, 2005.


Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 5.004, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.26, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 338 (H.B. 1020), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 2, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 963 (H.B. 1224), Sec. 1, eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 1267 (S.B. 107), Sec. 3, eff. June 20, 2015.


Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.16, eff. September 1, 2021.


Sec. 37.008. DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS.


(a) Each school district shall provide a disciplinary alternative education program that:


(1) is provided in a setting other than a student's regular classroom;


(2) is located on or off of a regular school campus;


(3) provides for the students who are assigned to the disciplinary alternative education program to be separated from students who are not assigned to the program;


(4) focuses on English language arts, mathematics, science, history, and self-discipline;


(5) provides for students' educational and behavioral needs;


(6) provides supervision and counseling; and


(7) employs only teachers who meet all certification requirements established under Subchapter B, Chapter 21.


(a-1) The agency shall adopt minimum standards for the operation of disciplinary alternative education programs, including standards relating to:


(1) student/teacher ratios;


(2) student health and safety;


(3) reporting of abuse, neglect, or exploitation of students;


(4) training for teachers in behavior management and safety procedures; and


(5) planning for a student's transition from a disciplinary alternative education program to a regular campus.


(b) A disciplinary alternative education program may provide for a student's transfer to:


(1) a different campus;


(2) a school-community guidance center; or


(3) a community-based alternative school.


(c) An off-campus disciplinary alternative education program is not subject to a requirement imposed by this title, other than a limitation on liability, a reporting requirement, or a requirement imposed by this chapter or by Chapter 39 or 39A.


(d) A school district may provide a disciplinary alternative education program jointly with one or more other districts.


(e) Each school district shall cooperate with government agencies and community organizations that provide services in the district to students placed in a disciplinary alternative education program.


(f) A student removed to a disciplinary alternative education program is counted in computing the average daily attendance of students in the district for the student's time in actual attendance in the program.


(g) A school district shall allocate to a disciplinary alternative education program the same expenditure per student attending the disciplinary alternative education program, including federal, state, and local funds, that would be allocated to the student's school if the student were attending the student's regularly assigned education program, including a special education program.


(h) A school district may not place a student, other than a student suspended as provided under Section 37.005 or expelled as provided under Section 37.007, in an unsupervised setting as a result of conduct for which a student may be placed in a disciplinary alternative education program.


(i) On request of a school district, a regional education service center may provide to the district information on developing a disciplinary alternative education program that takes into consideration the district's size, wealth, and existing facilities in determining the program best suited to the district.


(j) If a student placed in a disciplinary alternative education program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The district in which the student enrolls shall inform each educator who will have responsibility for, or will be under the direction and supervision of an educator who will have responsibility for, the instruction of the student of the contents of the placement order. Each educator shall keep the information received under this subsection confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student's parent or guardian as provided for by state or federal law. The district in which the student enrolls may continue the disciplinary alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement. A district may take any action permitted by this subsection if:


(1) the student was placed in a disciplinary alternative education program by an open-enrollment charter school under Section 12.131 and the charter school provides to the district a copy of the placement order; or


(2) the student was placed in a disciplinary alternative education program by a school district in another state and:


(A) the out-of-state district provides to the district a copy of the placement order; and


(B) the grounds for the placement by the out-of-state district are grounds for placement in the district in which the student is enrolling.


(j-1) If a student was placed in a disciplinary alternative education program by a school district in another state for a period that exceeds one year and a school district in this state in which the student enrolls continues the placement under Subsection (j), the district shall reduce the period of the placement so that the aggregate period does not exceed one year unless, after a review, the district determines that:


(1) the student is a threat to the safety of other students or to district employees; or


(2) extended placement is in the best interest of the student.


(l) A school district is required to provide in the district's disciplinary alternative education program a course necessary to fulfill a student's high school graduation requirements only as provided by this subsection. A school district shall offer a student removed to a disciplinary alternative education program an opportunity to complete coursework before the beginning of the next school year. The school district may provide the student an opportunity to complete coursework through any method available, including a correspondence course, distance learning, or summer school. The district may not charge the student for a course provided under this subsection.


(l-1) A school district shall provide the parents of a student removed to a disciplinary alternative education program with written notice of the district's obligation under Subsection (l) to provide the student with an opportunity to complete coursework required for graduation. The notice must:


(1) include information regarding all methods available for completing the coursework; and


(2) state that the methods are available at no cost to the student.


(m) The commissioner shall adopt rules necessary to evaluate annually the performance of each district's disciplinary alternative education program established under this subchapter. The evaluation required by this section shall be based on indicators defined by the commissioner, but must include student performance on assessment instruments required under Sections 39.023(a) and (c). Academically, the mission of disciplinary alternative education programs shall be to enable students to perform at grade level.


(m-1) The commissioner shall develop a process for evaluating a school district disciplinary alternative education program electronically. The commissioner shall also develop a system and standards for review of the evaluation or use systems already available at the agency. The system must be designed to identify districts that are at high risk of having inaccurate disciplinary alternative education program data or of failing to comply with disciplinary alternative education program requirements. The commissioner shall notify the board of trustees of a district of any objection the commissioner has to the district's disciplinary alternative education program data or of a violation of a law or rule revealed by the data, including any violation of disciplinary alternative education program requirements, or of any recommendation by the commissioner concerning the data. If the data reflect that a penal law has been violated, the commissioner shall notify the county attorney, district attorney, or criminal district attorney, as appropriate, and the attorney general. The commissioner is entitled to access to all district records the commissioner considers necessary or appropriate for the review, analysis, or approval of disciplinary alternative education program data.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 6, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.16, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1112, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 631, Sec. 2, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1055, Sec. 11, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 5, eff. June 17, 2005.


Acts 2007, 80th Leg., R.S., Ch. 1171 (H.B. 426), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 1316 (S.B. 49), Sec. 1, eff. June 17, 2011.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(19), eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 7, eff. June 15, 2017.


Sec. 37.0081. EXPULSION AND PLACEMENT OF CERTAIN STUDENTS IN ALTERNATIVE SETTINGS. (a) Subject to Subsection (h), but notwithstanding any other provision of this subchapter, the board of trustees of a school district, or the board's designee, after an opportunity for a hearing may expel a student and elect to place the student in an alternative setting as provided by Subsection (a-1) if:


(1) the student:


(A) has received deferred prosecution under Section 53.03, Family Code, for conduct defined as:


(i) a felony offense in Title 5, Penal Code; or


(ii) the felony offense of aggravated robbery under Section 29.03, Penal Code;


(B) has been found by a court or jury to have engaged in delinquent conduct under Section 54.03, Family Code, for conduct defined as:


(i) a felony offense in Title 5, Penal Code; or


(ii) the felony offense of aggravated robbery under Section 29.03, Penal Code;


(C) is charged with engaging in conduct defined as:


(i) a felony offense in Title 5, Penal Code; or


(ii) the felony offense of aggravated robbery under Section 29.03, Penal Code;


(D) has been referred to a juvenile court for allegedly engaging in delinquent conduct under Section 54.03, Family Code, for conduct defined as:


(i) a felony offense in Title 5, Penal Code; or


(ii) the felony offense of aggravated robbery under Section 29.03, Penal Code;


(E) has received probation or deferred adjudication for a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under Section 29.03, Penal Code;


(F) has been convicted of a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under Section 29.03, Penal Code; or


(G) has been arrested for or charged with a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under Section 29.03, Penal Code; and


(2) the board or the board's designee determines that the student's presence in the regular classroom:


(A) threatens the safety of other students or teachers;


(B) will be detrimental to the educational process; or


(C) is not in the best interests of the district's students.


(a-1) The student must be placed in:


(1) a juvenile justice alternative education program, if the school district is located in a county that operates a juvenile justice alternative education program or the school district contracts with the juvenile board of another county for the provision of a juvenile justice alternative education program; or


(2) a disciplinary alternative education program.


(b) Any decision of the board of trustees or the board's designee under this section is final and may not be appealed.


(c) The board of trustees or the board's designee may expel the student and order placement in accordance with this section regardless of:


(1) the date on which the student's conduct occurred;


(2) the location at which the conduct occurred;


(3) whether the conduct occurred while the student was enrolled in the district; or


(4) whether the student has successfully completed any court disposition requirements imposed in connection with the conduct.


(d) Notwithstanding Section 37.009(c) or (d) or any other provision of this subchapter, a student expelled and ordered placed in an alternative setting by the board of trustees or the board's designee is subject to that placement until:


(1) the student graduates from high school;


(2) the charges described by Subsection (a)(1) are dismissed or reduced to a misdemeanor offense; or


(3) the student completes the term of the placement or is assigned to another program.


(e) A student placed in an alternative setting in accordance with this section is entitled to the periodic review prescribed by Section 37.009(e).


(f) Subsection (d) continues to apply to the student if the student transfers to another school district in the state.


(g) The board of trustees shall reimburse a juvenile justice alternative education program in which a student is placed under this section for the actual cost incurred each day for the student while the student is enrolled in the program. For purposes of this subsection:


(1) the actual cost incurred each day for the student is determined by the juvenile board of the county operating the program; and


(2) the juvenile board shall determine the actual cost each day of the program based on the board's annual audit.


(h) To the extent of a conflict between this section and Section 37.007, Section 37.007 prevails.


Added by Acts 2003, 78th Leg., ch. 1055, Sec. 12, eff. June 20, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 1, eff. June 15, 2007.


Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 3, eff. June 17, 2011.


Sec. 37.0082. ASSESSMENT OF ACADEMIC GROWTH OF STUDENTS IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS. (a) To assess a student's academic growth during placement in a disciplinary alternative education program, a school district shall administer to a student placed in a program for a period of 90 school days or longer an assessment instrument approved by the commissioner for that purpose. The instrument shall be administered:


(1) initially on placement of the student in the program; and


(2) subsequently on the date of the student's departure from the program, or as near that date as possible.


(b) The assessment instrument required by this section:


(1) must be designed to assess at least a student's basic skills in reading and mathematics;


(2) may be:


(A) comparable to any assessment instrument generally administered to students placed in juvenile justice alternative education programs for a similar purpose; or


(B) based on an appropriate alternative assessment instrument developed by the agency to measure student academic growth; and


(3) is in addition to the assessment instruments required to be administered under Chapter 39.


(c) The commissioner shall adopt rules necessary to implement this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 2, eff. June 15, 2007.


Sec. 37.009. CONFERENCE; HEARING; REVIEW.


(a) Not later than the third class day after the day on which a student is removed from class by the teacher under Section 37.002(b) or (d) or by the school principal or other appropriate administrator under Section 37.001(a)(2) or 37.006, the campus behavior coordinator or other appropriate administrator shall schedule a conference among the campus behavior coordinator or other appropriate administrator, a parent or guardian of the student, the teacher removing the student from class, if any, and 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 campus behavior coordinator, after consideration of the factors under Section 37.001(a)(4), shall order the placement of the student for a period consistent with the student code of conduct. Before ordering the suspension, expulsion, removal to a disciplinary alternative education program, or placement in a juvenile justice alternative education program of a student, the behavior coordinator 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, regardless of whether the decision of the behavior coordinator concerns a mandatory or discretionary action. If school district policy allows a student to appeal to the board of trustees or the board's designee a decision of the campus behavior coordinator 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. If the period of the placement is inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(5), the order must give notice of the inconsistency. The period of the placement may not exceed one year unless, after a review, the district determines that the student is a threat to the safety of other students or to district employees.


(b) If a student's placement in a disciplinary alternative education program is to extend beyond 60 days or the end of the next grading period, whichever is earlier, a student's parent or guardian is entitled to notice of and an opportunity to participate in a proceeding before the board of trustees of the school district or the board's designee, as provided by policy of the board of trustees of the district. Any decision of the board or the board's designee under this subsection is final and may not be appealed.


(c) Before it may place a student in a disciplinary alternative education program for a period that extends beyond the end of the school year, the board or the board's designee must determine that:


(1) the student's presence in the regular classroom program or at the student's regular campus presents a danger of physical harm to the student or to another individual; or


(2) the student has engaged in serious or persistent misbehavior that violates the district's student code of conduct.


(d) The board or the board's designee shall set a term for a student's placement in a disciplinary alternative education program. If the period of the placement is inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(5), the order must give notice of the inconsistency. The period of the placement may not exceed one year unless, after a review, the district determines that:


(1) the student is a threat to the safety of other students or to district employees; or


(2) extended placement is in the best interest of the student.


(e) A student placed in a disciplinary alternative education program shall be provided a review of the student's status, including a review of the student's academic status, by the board's designee at intervals not to exceed 120 days. In the case of a high school student, the board's designee, with the student's parent or guardian, shall review the student's progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student. The district is not required under this subsection to provide a course in the district's disciplinary alternative education program except as required by Section 37.008(l). At the review, the student or the student's parent or guardian must be given the opportunity to present arguments for the student's return to the regular classroom or campus. The student may not be returned to the classroom of the teacher who removed the student without that teacher's consent. The teacher may not be coerced to consent.


(f) Before a student may be expelled under Section 37.007, the board or the board's designee must provide the student a hearing at which the student is afforded appropriate due process as required by the federal constitution and which the student's parent or guardian is invited, in writing, to attend. At the hearing, the student is entitled to be represented by the student's parent or guardian or another adult who can provide guidance to the student and who is not an employee of the school district. If the school district makes a good-faith effort to inform the student and the student's parent or guardian of the time and place of the hearing, the district may hold the hearing regardless of whether the student, the student's parent or guardian, or another adult representing the student attends. Before ordering the expulsion of a student, the board of trustees 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, regardless of whether the decision of the board concerns a mandatory or discretionary action. If the decision to expel a student is made by the board's designee, the decision may be appealed to the board. The decision of the board may be appealed by trial de novo to a district court of the county in which the school district's central administrative office is located.


(g) The board or the board's designee shall deliver to the student and the student's parent or guardian a copy of the order placing the student in a disciplinary alternative education program under Section 37.001, 37.002, or 37.006 or expelling the student under Section 37.007.


(h) If the period of an expulsion is inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(5), the order must give notice of the inconsistency. The period of an expulsion may not exceed one year unless, after a review, the district determines that:


(1) the student is a threat to the safety of other students or to district employees; or


(2) extended placement is in the best interest of the student. After a school district notifies the parents or guardians of a student that the student has been expelled, the parent or guardian shall provide adequate supervision of the student during the period of expulsion.


(i) If a student withdraws from the district before an order for placement in a disciplinary alternative education program or expulsion is entered under this section, the principal or board, as appropriate, may complete the proceedings and enter an order. If the student subsequently enrolls in the district during the same or subsequent school year, the district may enforce the order at that time except for any period of the placement or expulsion that has been served by the student on enrollment in another district that honored the order. If the principal or board fails to enter an order after the student withdraws, the next district in which the student enrolls may complete the proceedings and enter an order.


(j) If, during the term of a placement or expulsion ordered under this section, a student engages in additional conduct for which placement in a disciplinary alternative education program or expulsion is required or permitted, additional proceedings may be conducted under this section regarding that conduct and the principal or board, as appropriate, may enter an additional order as a result of those proceedings.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 7, eff. June 19, 1997; Acts 2003, 78th Leg., ch. 1055, Sec. 13, eff. June 20, 2003.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1267 (S.B. 107), Sec. 4, eff. June 20, 2015.


Sec. 37.0091. NOTICE TO NONCUSTODIAL PARENT. (a) A noncustodial parent may request in writing that a school district or school, for the remainder of the school year in which the request is received, provide that parent with a copy of any written notification relating to student misconduct under Section 37.006 or 37.007 that is generally provided by the district or school to a student's parent or guardian.


(b) A school district or school may not unreasonably deny a request authorized by Subsection (a).


(c) Notwithstanding any other provision of this section, a school district or school shall comply with any applicable court order of which the district or school has knowledge.


Added by Acts 2003, 78th Leg., ch. 1055, Sec. 14, eff. June 20, 2003.


(b) If a student is expelled under Section 37.007(c), the board or its designee shall refer the student to the authorized officer of the juvenile court for appropriate proceedings under Title 3, Family Code.


(c) Unless the juvenile board for the county in which the district's central administrative office is located has entered into a memorandum of understanding with the district's board of trustees concerning the juvenile probation department's role in supervising and providing other support services for students in disciplinary alternative education programs, a court may not order a student expelled under Section 37.007 to attend a regular classroom, a regular campus, or a school district disciplinary alternative education program as a condition of probation.


(d) Unless the juvenile board for the county in which the district's central administrative office is located has entered into a memorandum of understanding as described by Subsection (c), if a court orders a student to attend a disciplinary alternative education program as a condition of probation once during a school year and the student is referred to juvenile court again during that school year, the juvenile court may not order the student to attend a disciplinary alternative education program in a district without the district's consent until the student has successfully completed any sentencing requirements the court imposes.


(e) Any placement in a disciplinary alternative education program by a court under this section must prohibit the student from attending or participating in school-sponsored or school-related activities.


(g) If an expelled student enrolls in another school district, the board of trustees of the district that expelled the student shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the expulsion order and the referral to the authorized officer of the juvenile court. The district in which the student enrolls may continue the expulsion under the terms of the order, may place the student in a disciplinary alternative education program for the period specified by the expulsion order, or may allow the student to attend regular classes without completing the period of expulsion. A district may take any action permitted by this subsection if the student was expelled by a school district in another state if:


(1) the out-of-state district provides to the district a copy of the expulsion order; and


(2) the grounds for the expulsion are also grounds for expulsion in the district in which the student is enrolling.


(g-1) If a student was expelled by a school district in another state for a period that exceeds one year and a school district in this state continues the expulsion or places the student in a disciplinary alternative education program under Subsection (g), the district shall reduce the period of the expulsion or placement so that the aggregate period does not exceed one year unless, after a review, the district determines that:


(1) the student is a threat to the safety of other students or to district employees; or


(2) extended placement is in the best interest of the student.


(h) A person is not liable in civil damages for a referral to juvenile court as required by this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 8, eff. June 19, 1997; Acts 2003, 78th Leg., ch. 1055, Sec. 15, eff. June 20, 2003.


Sec. 37.011. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. (a) The juvenile board of a county with a population greater than 125,000 shall develop a juvenile justice alternative education program, subject to the approval of the Texas Juvenile Justice Department. The juvenile board of a county with a population of 125,000 or less may develop a juvenile justice alternative education program. For the purposes of this subchapter, only a disciplinary alternative education program operated under the authority of a juvenile board of a county is considered a juvenile justice alternative education program. A juvenile justice alternative education program in a county with a population of 125,000 or less:


(1) is not required to be approved by the department; and


(2) is not subject to Subsection (c), (d), (f), or (g).


(a-1) For purposes of this section and Section 37.010(a), a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if:


(1) the county had a population of 125,000 or less according to the 2000 federal census; and


(2) the juvenile board of the county enters into, with the approval of the Texas Juvenile Justice Department, a memorandum of understanding with each school district within the county that:


(A) outlines the responsibilities of the board and school districts in minimizing the number of students expelled without receiving alternative educational services; and


(B) includes the coordination procedures required by Section 37.013.


(a-2) For purposes of this section and Section 37.010(a), a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if the county:


(1) has a population of 180,000 or less;


(2) is adjacent to two counties, each of which has a population of more than 1.7 million; and


(3) has seven or more school districts located wholly within the county's boundaries.


(a-3) For purposes of this section and Section 37.010(a), a county with a population greater than 125,000 is considered to be a county with a population of 125,000 or less if the county:


(1) has a population of more than 200,000 and less than 220,000;


(2) has five or more school districts located wholly within the county's boundaries; and


(3) has located in the county a juvenile justice alternative education program that, on May 1, 2011, served fewer than 15 students.


(a-4) A school district located in a county considered to be a county with a population of 125,000 or less under Subsection (a-3) shall provide educational services to a student who is expelled from school under this chapter. The district is entitled to count the student in the district's average daily attendance for purposes of receipt of state funds under the Foundation School Program. An educational placement under this section may include:


(1) the district's disciplinary alternative education program; or


(2) a contracted placement with:


(A) another school district;


(B) an open-enrollment charter school;


(C) an institution of higher education;


(D) an adult literacy council; or


(E) a community organization that can provide an educational program that allows the student to complete the credits required for high school graduation.


(a-5) For purposes of Subsection (a-4), an educational placement other than a school district's disciplinary alternative education program is subject to the educational and certification requirements applicable to an open-enrollment charter school under Subchapter D, Chapter 12.


(1) if the student is placed on probation under Section 54.04, Family Code, order the student to attend the juvenile justice alternative education program in the county in which the student resides from the date of disposition as a condition of probation, unless the child is placed in a post-adjudication treatment facility;


(2) if the student is placed on deferred prosecution under Section 53.03, Family Code, by the court, prosecutor, or probation department, require the student to immediately attend the juvenile justice alternative education program in the county in which the student resides for a period not to exceed six months as a condition of the deferred prosecution;


(3) in determining the conditions of the deferred prosecution or court-ordered probation, consider the length of the school district's expulsion order for the student; and


(4) provide timely educational services to the student in the juvenile justice alternative education program in the county in which the student resides, regardless of the student's age or whether the juvenile court has jurisdiction over the student.


(b-1) Subsection (b)(4) does not require that educational services be provided to a student who is not entitled to admission into the public schools of a school district under Section 25.001(b).


(c) A juvenile justice alternative education program shall adopt a student code of conduct in accordance with Section 37.001.


(d) A juvenile justice alternative education program must focus on English language arts, mathematics, science, social studies, and self-discipline. Each school district shall consider course credit earned by a student while in a juvenile justice alternative education program as credit earned in a district school. Each program shall administer assessment instruments under Subchapter B, Chapter 39, and shall offer a high school equivalency program. The juvenile board or the board's designee, with the parent or guardian of each student, shall regularly review the student's academic progress. In the case of a high school student, the board or the board's designee, with the student's parent or guardian, shall review the student's progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student. The program is not required to provide a course necessary to fulfill a student's high school graduation requirements other than a course specified by this subsection.


(e) A juvenile justice alternative education program may be provided in a facility owned by a school district. A school district may provide personnel and services for a juvenile justice alternative education program under a contract with the juvenile board.


(f) A juvenile justice alternative education program must operate at least seven hours per day and 180 days per year, except that a program may apply to the Texas Juvenile Justice Department for a waiver of the 180-day requirement. The department may not grant a waiver to a program under this subsection for a number of days that exceeds the highest number of instructional days waived by the commissioner during the same school year for a school district served by the program.


(g) A juvenile justice alternative education program shall be subject to a written operating policy developed by the local juvenile justice board and submitted to the Texas Juvenile Justice Department for review and comment. A juvenile justice alternative education program is not subject to a requirement imposed by this title, other than a reporting requirement or a requirement imposed by this chapter or by Chapter 39 or 39A.


(h) Academically, the mission of juvenile justice alternative education programs shall be to enable students to perform at grade level. For purposes of accountability under Chapters 39 and 39A, a student enrolled in a juvenile justice alternative education program is reported as if the student were enrolled at the student's assigned campus in the student's regularly assigned education program, including a special education program. Annually the Texas Juvenile Justice Department, with the agreement of the commissioner, shall develop and implement a system of accountability consistent with Chapters 39 and 39A, where appropriate, to assure that students make progress toward grade level while attending a juvenile justice alternative education program. The department shall adopt rules for the distribution of funds appropriated under this section to juvenile boards in counties required to establish juvenile justice alternative education programs. Except as determined by the commissioner, a student served by a juvenile justice alternative education program on the basis of an expulsion required under Section 37.007(a), (d), or (e) is not eligible for Foundation School Program funding under Chapter 31 or 48 if the juvenile justice alternative education program receives funding from the department under this subchapter.


(i) A student transferred to a juvenile justice alternative education program must participate in the program for the full period ordered by the juvenile court unless the student's school district agrees to accept the student before the date ordered by the juvenile court. The juvenile court may not order a period of transfer under this section that exceeds the term of any probation ordered by the juvenile court.


(j) In relation to the development and operation of a juvenile justice alternative education program, a juvenile board and a county and a commissioners court are immune from liability to the same extent as a school district, and the juvenile board's or county's professional employees and volunteers are immune from liability to the same extent as a school district's professional employees and volunteers.


(k) Each school district in a county with a population greater than 125,000 and the county juvenile board shall annually enter into a joint memorandum of understanding that:


(1) outlines the responsibilities of the juvenile board concerning the establishment and operation of a juvenile justice alternative education program under this section;


(2) defines the amount and conditions on payments from the school district to the juvenile board for students of the school district served in the juvenile justice alternative education program whose placement was not made on the basis of an expulsion required under Section 37.007(a), (d), or (e);


(3) establishes that a student may be placed in the juvenile justice alternative education program if the student engages in serious misbehavior, as defined by Section 37.007(c);


(4) identifies and requires a timely placement and specifies a term of placement for expelled students for whom the school district has received a notice under Section 52.041(d), Family Code;


(5) establishes services for the transitioning of expelled students to the school district prior to the completion of the student's placement in the juvenile justice alternative education program;


(6) establishes a plan that provides transportation services for students placed in the juvenile justice alternative education program;


(7) establishes the circumstances and conditions under which a juvenile may be allowed to remain in the juvenile justice alternative education program setting once the juvenile is no longer under juvenile court jurisdiction; and


(8) establishes a plan to address special education services required by law.


(l) The school district shall be responsible for providing an immediate educational program to students who engage in behavior resulting in expulsion under Section 37.007(b) and (f) but who are not eligible for admission into the juvenile justice alternative education program in accordance with the memorandum of understanding required under this section. The school district may provide the program or the school district may contract with a county juvenile board, a private provider, or one or more other school districts to provide the program. The memorandum of understanding shall address the circumstances under which such students who continue to engage in serious misbehavior, as defined by Section 37.007(c), shall be admitted into the juvenile justice alternative education program.


(m) Each school district in a county with a population greater than 125,000 and the county juvenile board shall adopt a joint memorandum of understanding as required by this section not later than September 1 of each school year.


(n) If a student who is ordered to attend a juvenile justice alternative education program moves from one county to another, the juvenile court may request the juvenile justice alternative education program in the county to which the student moves to provide educational services to the student in accordance with the local memorandum of understanding between the school district and juvenile board in the receiving county.


(o) In relation to the development and operation of a juvenile justice alternative education program, a juvenile board and a county and a commissioners court are immune from liability to the same extent as a school district, and the juvenile board's or county's employees and volunteers are immune from liability to the same extent as a school district's employees and volunteers.


(p) If a district elects to contract with the juvenile board for placement in the juvenile justice alternative education program of students expelled under Section 37.007(b), (c), and (f) and the juvenile board and district are unable to reach an agreement in the memorandum of understanding, either party may request that the issues of dispute be referred to a binding arbitration process that uses a qualified alternative dispute resolution arbitrator in which each party will pay its pro rata share of the arbitration costs. Each party must submit its final proposal to the arbitrator. If the parties cannot agree on an arbitrator, the juvenile board shall select an arbitrator, the school districts shall select an arbitrator, and those two arbitrators shall select an arbitrator who will decide the issues in dispute. An arbitration decision issued under this subsection is enforceable in a court in the county in which the juvenile justice alternative education program is located. Any decision by an arbitrator concerning the amount of the funding for a student who is expelled and attending a juvenile justice alternative education program must provide an amount sufficient based on operation of the juvenile justice alternative education program in accordance with this chapter. In determining the amount to be paid by a school district for an expelled student enrolled in a juvenile justice alternative education program, the arbitrator shall consider the relevant factors, including evidence of:


(1) the actual average total per student expenditure in the district's alternative education setting;


(2) the expected per student cost in the juvenile justice alternative education program as described and agreed on in the memorandum of understanding and in compliance with this chapter; and


(3) the costs necessary to achieve the accountability goals under this chapter.


(q) In accordance with rules adopted by the board of trustees for the Teacher Retirement System of Texas, a certified educator employed by a juvenile board in a juvenile justice alternative education program shall be eligible for membership and participation in the system to the same extent that an employee of a public school district is eligible. The juvenile board shall make any contribution that otherwise would be the responsibility of the school district if the person were employed by the school district, and the state shall make any contribution to the same extent as if the person were employed by a school district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 9, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1282, Sec. 1, eff. June 20, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.17, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1225, Sec. 2, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 1055, Sec. 16, eff. June 20, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 376 (H.B. 1425), Sec. 1, eff. June 19, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 235 (H.B. 592), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 4, eff. June 17, 2011.


Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 70.01, eff. September 28, 2011.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 33, eff. September 1, 2015.


Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(20), eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.042, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1150 (H.B. 3012), Sec. 2, eff. June 14, 2019.


(b) Funds received under this section must be expended on juvenile justice alternative education programs.


(c) The Office of State-Federal Relations shall assist a local juvenile probation department in identifying additional state or federal funds to assist local juvenile probation departments conducting educational or job training programs within juvenile justice alternative education programs.


(d) A school district is not required to provide funding to a juvenile board for a student who is assigned by a court to a juvenile justice alternative education program but who has not been expelled.


(e) Except as otherwise authorized by law, a juvenile justice alternative education program may not require a student or the parent or guardian of a student to pay any fee, including an entrance fee or supply fee, for participating in the program.


(f) Notwithstanding any other law, for purposes of any budget reductions requested by the Legislative Budget Board or the governor, any money received by a local juvenile probation department or appropriated to the Texas Juvenile Justice Department for purposes of operating a juvenile justice alternative education program is considered to be part of the foundation school program and is not subject to those budget reductions.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 10, eff. June 19, 1997; Acts 2003, 78th Leg., ch. 1055, Sec. 17, eff. June 20, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 964 (H.B. 1687), Sec. 1, eff. June 18, 2005.


Acts 2021, 87th Leg., R.S., Ch. 489 (H.B. 3456), Sec. 5, eff. June 14, 2021.


Sec. 37.013. COORDINATION BETWEEN SCHOOL DISTRICTS AND JUVENILE BOARDS. The board of trustees of the school district or the board's designee shall at the call of the president of the board of trustees regularly meet with the juvenile board for the county in which the district's central administrative office is located or the juvenile board's designee concerning supervision and rehabilitative services appropriate for expelled students and students assigned to disciplinary alternative education programs. Matters for discussion shall include service by probation officers at the disciplinary alternative education program site, recruitment of volunteers to serve as mentors and provide tutoring services, and coordination with other social service agencies.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 18, eff. June 20, 2003.


Sec. 37.014. COURT-RELATED CHILDREN--LIAISON OFFICERS. Each school district shall appoint at least one educator to act as liaison officer for court-related children who are enrolled in the district. The liaison officer shall provide counselling and services for each court-related child and the child's parents to establish or reestablish normal attendance and progress of the child in the school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.015. REPORTS TO LOCAL LAW ENFORCEMENT; LIABILITY. (a) The principal of a public or private primary or secondary school, or a person designated by the principal under Subsection (d), shall notify any school district police department and the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if the principal has reasonable grounds to believe that any of the following activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers:


(1) conduct that may constitute an offense listed under Section 508.149, Government Code;


(2) deadly conduct under Section 22.05, Penal Code;


(3) a terroristic threat under Section 22.07, Penal Code;


(4) the use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana under Chapter 481, Health and Safety Code;


(5) the possession of any of the weapons or devices listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal Code;


(6) conduct that may constitute a criminal offense under Section 71.02, Penal Code; or


(7) conduct that may constitute a criminal offense for which a student may be expelled under Section 37.007(a), (d), or (e).


(b) A person who makes a notification under this section shall include the name and address of each student the person believes may have participated in the activity.


(c) A notification is not required under Subsection (a) if the person reasonably believes that the activity does not constitute a criminal offense.


(d) The principal of a public or private primary or secondary school may designate a school employee who is under the supervision of the principal to make the reports required by this section.


(e) The person who makes the notification required under Subsection (a) shall also notify each instructional or support employee of the school who has regular contact with a student whose conduct is the subject of the notice.


(f) A person is not liable in civil damages for reporting in good faith as required by this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.05, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 1055, Sec. 19, eff. June 20, 2003.


Sec. 37.0151. REPORT TO LOCAL LAW ENFORCEMENT REGARDING CERTAIN CONDUCT CONSTITUTING ASSAULT OR HARASSMENT; LIABILITY. (a) The principal of a public primary or secondary school, or a person designated by the principal under Subsection (c), may make a report to any school district police department, if applicable, or the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if, after an investigation is completed, the principal has reasonable grounds to believe that a student engaged in conduct that constitutes an offense under Section 22.01 or 42.07(a)(7), Penal Code.


(b) A person who makes a report under this section may include the name and address of each student the person believes may have participated in the conduct.


(c) The principal of a public primary or secondary school may designate a school employee, other than a school counselor, who is under the supervision of the principal to make the report under this section.


(d) A person who is not a school employee but is employed by an entity that contracts with a district or school to use school property is not required to make a report under this section and may not be designated by the principal of a public primary or secondary school to make a report. A person who voluntarily makes a report under this section is immune from civil or criminal liability.


(e) A person who takes any action under this section is immune from civil or criminal liability or disciplinary action resulting from that action.


(f) Notwithstanding any other law, this section does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act under this section.


(g) A school district and school personnel and school volunteers are immune from suit resulting from an act under this section, including an act under related policies and procedures.


(h) An act by school personnel or a school volunteer under this section, including an act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered to be a ministerial act for purposes of liability of the school district or the district's employees.


Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 4, eff. September 1, 2017.


Sec. 37.016. REPORT OF DRUG OFFENSES; LIABILITY. A teacher, school administrator, or school employee is not liable in civil damages for reporting to a school administrator or governmental authority, in the exercise of professional judgment within the scope of the teacher's, administrator's, or employee's duties, a student whom the teacher suspects of using, passing, or selling, on school property:


(1) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code;


(2) a dangerous drug, as defined by Chapter 483, Health and Safety Code;


(3) an abusable glue or aerosol paint, as defined by Chapter 485, Health and Safety Code, or a volatile chemical, as listed in Chapter 484, Health and Safety Code, if the substance is used or sold for the purpose of inhaling its fumes or vapors; or


(4) an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.017. DESTRUCTION OF CERTAIN RECORDS. Information received by a school district under Article 15.27, Code of Criminal Procedure, may not be attached to the permanent academic file of the student who is the subject of the report. The school district shall destroy the information at the end of the school year in which the report was filed.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.018. INFORMATION FOR EDUCATORS. Each school district shall provide each teacher and administrator with a copy of this subchapter and with a copy of the local policy relating to this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.0181. PROFESSIONAL DEVELOPMENT REGARDING DISCIPLINARY PROCEDURES. (a) Each principal or other appropriate administrator who oversees student discipline shall, at least once every three school years, attend professional development training regarding this subchapter, including training relating to the distinction between a discipline management technique used at the principal's discretion under Section 37.002(a) and the discretionary authority of a teacher to remove a disruptive student under Section 37.002(b).


(b) Professional development training under this section may be provided in coordination with regional education service centers through the use of distance learning methods, such as telecommunications networks, and using available agency resources.


Added by Acts 2013, 83rd Leg., R.S., Ch. 329 (H.B. 1952), Sec. 1, eff. June 14, 2013.


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.


Sec. 37.020. REPORTS RELATING TO OUT-OF-SCHOOL SUSPENSIONS, EXPULSIONS, AND DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM PLACEMENTS. (a) In the manner required by the commissioner, each school district shall annually report to the commissioner the information required by this section.


(b) For each placement in a disciplinary alternative education program established under Section 37.008, the district shall report:


(1) information identifying the student, including the student's race, sex, and date of birth, that will enable the agency to compare placement data with information collected through other reports;


(2) information indicating whether the placement was based on:


(A) conduct violating the student code of conduct adopted under Section 37.001;


(B) conduct for which a student may be removed from class under Section 37.002(b);


(C) conduct for which placement in a disciplinary alternative education program is required by Section 37.006; or


(D) conduct occurring while a student was enrolled in another district and for which placement in a disciplinary alternative education program is permitted by Section 37.008(j);


(3) the number of full or partial days the student was assigned to the program and the number of full or partial days the student attended the program; and


(4) the number of placements that were inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(5).


(c) For each expulsion under Section 37.007, the district shall report:


(1) information identifying the student, including the student's race, sex, and date of birth, that will enable the agency to compare placement data with information collected through other reports;


(2) information indicating whether the expulsion was based on:


(A) conduct for which expulsion is required under Section 37.007, including information specifically indicating whether a student was expelled on the basis of Section 37.007(e); or


(B) conduct for which expulsion is permitted under Section 37.007;


(3) the number of full or partial days the student was expelled;


(4) information indicating whether:


(A) the student was placed in a juvenile justice alternative education program under Section 37.011;


(B) the student was placed in a disciplinary alternative education program; or


(C) the student was not placed in a juvenile justice or other disciplinary alternative education program; and


(5) the number of expulsions that were inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(5).


(d) Expired.


(e) Expired.


(f) For each out-of-school suspension under Section 37.005, the district shall report:


(1) information identifying the student, including the student's race, sex, and date of birth, that will enable the agency to compare placement data with information collected through other reports;


(2) information indicating the basis for the suspension;


(3) the number of full or partial days the student was suspended; and


(4) the number of out-of-school suspensions that were inconsistent with the guidelines included in the student code of conduct under Section 37.001(a)(3).


Added by Acts 1997, 75th Leg., ch. 1015, Sec. 11, eff. June 19, 1997. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 21, eff. June 20, 2003.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 691 (H.B. 156), Sec. 2, eff. June 12, 2017.


Acts 2019, 86th Leg., R.S., Ch. 1229 (H.B. 65), Sec. 1, eff. June 14, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1229 (H.B. 65), Sec. 2, eff. June 14, 2019.


Sec. 37.021. OPPORTUNITY TO COMPLETE COURSES DURING IN-SCHOOL AND CERTAIN OTHER PLACEMENTS. (a) If a school district removes a student from the regular classroom and places the student in in-school suspension or another setting other than a disciplinary alternative education program, the district shall offer the student the opportunity to complete before the beginning of the next school year each course in which the student was enrolled at the time of the removal.


(b) The district may provide the opportunity to complete courses by any method available, including a correspondence course, distance learning, or summer school.


Added by Acts 2003, 78th Leg., ch. 1055, Sec. 22, eff. June 20, 2003.


Sec. 37.022. NOTICE OF DISCIPLINARY ACTION. (a) In this section:


(1) "Disciplinary action" means a suspension, expulsion, placement in an alternative education program, or other limitation in enrollment eligibility of a student by a district or school.


(2) "District or school" includes an independent school district, a home-rule school district, a campus or campus program charter holder, or an open-enrollment charter school.


(b) If a district or school takes disciplinary action against a student and the student subsequently enrolls in another district or school before the expiration of the period of disciplinary action, the governing body of the district or school taking the disciplinary action shall provide to the district or school in which the student enrolls, at the same time other records of the student are provided, a copy of the order of disciplinary action.


(c) Subject to Section 37.007(e), the district or school in which the student enrolls may continue the disciplinary action under the terms of the order or may allow the student to attend regular classes without completing the period of disciplinary action.


Added by Acts 2003, 78th Leg., ch. 631, Sec. 1, eff. June 20, 2003.


Renumbered from Education Code, Section 37.021 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(16), eff. September 1, 2005.


Sec. 37.023. TRANSITION FROM ALTERNATIVE EDUCATION PROGRAM TO REGULAR CLASSROOM. (a) In this section:


(1) "Alternative education program" includes:


(A) a disciplinary alternative education program operated by a school district or open-enrollment charter school;


(B) a juvenile justice alternative education program; and


(C) a residential program or facility operated by or under contract with the Texas Juvenile Justice Department, a juvenile board, or any other governmental entity.


(2) "Licensed clinical social worker" has the meaning assigned by Section 505.002, Occupations Code.


(b) As soon as practicable after an alternative education program determines the date of a student's release from the program, the alternative education program administrator shall:


(1) provide written notice of that date to:


(A) the student's parent or a person standing in parental relation to the student; and


(B) the administrator of the campus to which the student intends to transition; and


(2) provide the campus administrator:


(A) an assessment of the student's academic growth while attending the alternative education program; and


(B) the results of any assessment instruments administered to the student.


(c) Not later than five instructional days after the date of a student's release from an alternative education program, the campus administrator shall coordinate the student's transition to a regular classroom. The coordination must include assistance and recommendations from:


(1) school counselors;


(2) school district peace officers;


(3) school resource officers;


(4) licensed clinical social workers;


(5) campus behavior coordinators;


(6) classroom teachers who are or may be responsible for implementing the student's personalized transition plan developed under Subsection (d); and


(7) any other appropriate school district personnel.


(d) The assistance required by Subsection (c) must include a personalized transition plan for the student developed by the campus administrator. A personalized transition plan:


(1) must include recommendations for the best educational placement of the student; and


(2) may include:


(A) recommendations for counseling, behavioral management, or academic assistance for the student with a concentration on the student's academic or career goals;


(B) recommendations for assistance for obtaining access to mental health services provided by the district or school, a local mental health authority, or another private or public entity;


(C) the provision of information to the student's parent or a person standing in parental relation to the student about the process to request a full individual and initial evaluation of the student for purposes of special education services under Section 29.004; and


(D) a regular review of the student's progress toward the student's academic or career goals.


(e) If practicable, the campus administrator, or the administrator's designee, shall meet with the student's parent or a person standing in parental relation to the student to coordinate plans for the student's transition.


(f) This section applies only to a student subject to compulsory attendance requirements under Section 25.085.


Added by Acts 2019, 86th Leg., R.S., Ch. 803 (H.B. 2184), Sec. 1, eff. June 10, 2019.


SUBCHAPTER B. SCHOOL-COMMUNITY GUIDANCE CENTERS



Sec. 37.051. ESTABLISHMENT. Each school district may establish a school-community guidance center designed to locate and assist children with problems that interfere with education, including juvenile offenders and children with severe behavioral problems or character disorders. Each center shall coordinate the efforts of school district personnel, local police departments, school attendance officers, and probation officers in working with students, dropouts, and parents in identifying and correcting factors that adversely affect the education of the children.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.052. COOPERATIVE PROGRAMS. The board of trustees of a school district may develop cooperative programs with state youth agencies for children found to have engaged in delinquent conduct.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.053. COOPERATION OF GOVERNMENTAL AGENCIES. (a) Each governmental agency that is concerned with children and that has jurisdiction in the school district shall cooperate with the school-community guidance centers on the request of the superintendent of the district and shall designate a liaison to work with the centers in identifying and correcting problems affecting school-age children in the district.


(b) The governmental agency may establish or finance a school-community guidance center jointly with the school district according to terms approved by the governing body of each entity participating in the joint establishment or financing of the center.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.054. PARENTAL NOTICE, CONSENT, AND ACCESS TO INFORMATION. (a) Before a student is admitted to a school-community guidance center, the administrator of the center must notify the student's parent or guardian that the student has been assigned to attend the center.


(b) The notification must include:


(1) the reason that the student has been assigned to the center;


(2) a statement that on request the parent or guardian is entitled to be fully informed in writing of any treatment method or testing program involving the student; and


(3) a statement that the parent or guardian may request to be advised and to give written, signed consent for any psychological testing or treatment involving the student.


(c) If, after notification, a parent refuses to consent to testing or treatment of the student, the center may not provide any further psychological treatment or testing.


(d) A parent or guardian of a student attending a center is entitled to inspect:


(1) any instructional or guidance material to be used by the student, including teachers' manuals, tapes, and films; and


(2) the results of any treatment, testing, or guidance method involving the student.


(e) The administrator of the center may set a schedule for inspection of materials that allows reasonable access but does not interfere with the conduct of classes or business activities of the school.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.055. PARENTAL INVOLVEMENT. (a) On admitting a student to a school-community guidance center, a representative of the school district, the student, and the student's parent shall develop an agreement that specifies the responsibilities of the parent and the student. The agreement must include:


(1) a statement of the student's behavioral and learning objectives;


(2) a requirement that the parent attend specified meetings and conferences for teacher review of the student's progress; and


(3) the parent's acknowledgement that the parent understands and accepts the responsibilities imposed by the agreement regarding attendance at meetings and conferences and assistance in meeting other objectives, defined by the district, to aid student remediation.


(b) The superintendent of the school district may obtain a court order from a district court in the school district requiring a parent to comply with an agreement made under this section. A parent who violates a court order issued under this subsection may be punished for contempt of court.


(c) In this section, "parent" includes a legal guardian.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.056. COURT SUPERVISION. (a) In this section, "court" means a juvenile court or alternate juvenile court designated under Chapter 51, Family Code. The court may delegate responsibility under this section to a referee appointed under Section 51.04, Family Code.


(b) If a representative of the school district, the student, and the parent or guardian for any reason fail to reach an agreement under Section 37.055, the court may, on the request of any party and after a hearing, enter an order establishing the responsibilities and duties of each of the parties as the court considers appropriate.


(c) The court may compel attendance at any hearing held under this section through any legal process, including subpoena and habeas corpus.


(d) If the parties reach an agreement under Section 37.055, and if the written agreement so provides, the court may enter an order that incorporates the terms of the agreement.


(e) Any party who violates an order issued under this section may be punished for contempt of court.


(f) A school district may enter into an agreement to share the costs incurred by a county under this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


SUBCHAPTER C. LAW AND ORDER



Sec. 37.081. SCHOOL DISTRICT PEACE OFFICERS, SCHOOL RESOURCE OFFICERS, AND SECURITY PERSONNEL. (a) The board of trustees of any school district may employ security personnel, enter into a memorandum of understanding with a local law enforcement agency for the provision of school resource officers, and commission peace officers to carry out this subchapter. If a board of trustees authorizes a person employed as security personnel to carry a weapon, the person must be a commissioned peace officer. The jurisdiction of a peace officer, a school resource officer, or security personnel under this section shall be determined by the board of trustees and may include all territory in the boundaries of the school district and all property outside the boundaries of the district that is owned, leased, or rented by or otherwise under the control of the school district and the board of trustees that employ the peace officer or security personnel or that enter into a memorandum of understanding for the provision of a school resource officer.


(b) In a peace officer's jurisdiction, a peace officer commissioned under this section:


(1) has the powers, privileges, and immunities of peace officers;


(2) may enforce all laws, including municipal ordinances, county ordinances, and state laws;


(3) may, in accordance with Chapter 52, Family Code, or Article 45.058, Code of Criminal Procedure, take a child into custody; and


(4) may dispose of cases in accordance with Section 52.03 or 52.031, Family Code.


(c) A school district peace officer may provide assistance to another law enforcement agency. A school district may contract with a political subdivision for the jurisdiction of a school district peace officer to include all territory in the jurisdiction of the political subdivision.


(d) The board of trustees of the school district shall determine the law enforcement duties of peace officers, school resource officers, and security personnel. The duties must be included in:


(1) the district improvement plan under Section 11.252;


(2) the student code of conduct adopted under Section 37.001;


(3) any memorandum of understanding providing for a school resource officer; and


(4) any other campus or district document describing the role of peace officers, school resource officers, or security personnel in the district.


(d-1) A school district peace officer, a school resource officer, and security personnel shall perform law enforcement duties for the school district that must include protecting:


(1) the safety and welfare of any person in the jurisdiction of the peace officer, resource officer, or security personnel; and


(2) the property of the school district.


(d-2) A school district may not assign or require as duties of a school district peace officer, a school resource officer, or security personnel:


(1) routine student discipline or school administrative tasks; or


(2) contact with students unrelated to the law enforcement duties of the peace officer, resource officer, or security personnel.


(d-3) This section does not prohibit a school district peace officer, a school resource officer, or security personnel from informal contact with a student unrelated to:


(1) the assigned duties of the officer or security personnel; or


(2) an incident involving student behavior or law enforcement.


(d-4) In determining the law enforcement duties under Subsection (d), the board of trustees of the school district shall coordinate with district campus behavior coordinators and other district employees to ensure that school district peace officers, school resource officers, and security personnel are tasked only with duties related to law enforcement intervention and not tasked with behavioral or administrative duties better addressed by other district employees.


(e) The board of trustees of the district shall determine the scope of the on-duty and off-duty law enforcement activities of school district peace officers. A school district must authorize in writing any off-duty law enforcement activities performed by a school district peace officer.


(f) The chief of police of the school district police department shall be accountable to the superintendent and shall report to the superintendent. School district police officers shall be supervised by the chief of police of the school district or the chief of police's designee and shall be licensed by the Texas Commission on Law Enforcement.


(g) A school district police department and the law enforcement agencies with which it has overlapping jurisdiction shall enter into a memorandum of understanding that outlines reasonable communication and coordination efforts between the department and the agencies.


(h) A peace officer assigned to duty and commissioned under this section shall take and file the oath required of peace officers and shall execute and file a bond in the sum of $1,000, payable to the board of trustees, with two or more sureties, conditioned that the peace officer will fairly, impartially, and faithfully perform all the duties that may be required of the peace officer by law. The bond may be sued on in the name of any person injured until the whole amount of the bond is recovered. Any peace officer commissioned under this section must meet all minimum standards for peace officers established by the Texas Commission on Law Enforcement.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.11, eff. May 18, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 9, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 4, eff. September 1, 2013.


Acts 2019, 86th Leg., R.S., Ch. 402 (S.B. 1707), Sec. 2, eff. June 2, 2019.


Acts 2019, 86th Leg., R.S., Ch. 402 (S.B. 1707), Sec. 3, eff. June 2, 2019.


Sec. 37.0811. SCHOOL MARSHALS: PUBLIC SCHOOLS.


(a) The board of trustees of a school district or the governing body of an open-enrollment charter school may appoint one or more school marshals for each campus.


(b) The board of trustees of a school district or the governing body of an open-enrollment charter school may select for appointment as a school marshal under this section an applicant who is an employee of the school district or open-enrollment charter school and certified as eligible for appointment under Section 1701.260, Occupations Code. The board of trustees or governing body may, but shall not be required to, reimburse the amount paid by the applicant to participate in the training program under that section.


(c) A school marshal appointed by the board of trustees of a school district or the governing body of an open-enrollment charter school may carry a concealed handgun or possess a handgun on the physical premises of a school, but only:


(1) in the manner provided by written regulations adopted by the board of trustees or the governing body; and


(2) at a specific school as specified by the board of trustees or governing body, as applicable.


(d) Any written regulations adopted for purposes of Subsection (c) must provide that a school marshal may carry a concealed handgun on the school marshal's person or possess the handgun on the physical premises of a school in a locked and secured safe or other locked and secured location. The written regulations must also require that a handgun carried or possessed by a school marshal may be loaded only with frangible duty ammunition approved for that purpose by the Texas Commission on Law Enforcement.


(e) A school marshal may use a handgun the school marshal is authorized to carry or possess under this section only under circumstances that would justify the use of deadly force under Section 9.32 or 9.33, Penal Code.


(f) A school district or charter school employee's status as a school marshal becomes inactive on:


(1) expiration of the employee's school marshal license under Section 1701.260, Occupations Code;


(2) suspension or revocation of the employee's license to carry a handgun issued under Subchapter H, Chapter 411, Government Code;


(3) termination of the employee's employment with the district or charter school; or


(4) notice from the board of trustees of the district or the governing body of the charter school that the employee's services as school marshal are no longer required.


(g) The identity of a school marshal appointed under this section is confidential, except as provided by Section 1701.260(j), Occupations Code, and is not subject to a request under Chapter 552, Government Code.


(h) If a parent or guardian of a student enrolled at a school inquires in writing, the school district or open-enrollment charter school shall provide the parent or guardian written notice indicating whether any employee of the school is currently appointed a school marshal. The notice may not disclose information that is confidential under Subsection (g).


Added by Acts 2013, 83rd Leg., R.S., Ch. 655 (H.B. 1009), Sec. 3, eff. June 14, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 8, eff. January 1, 2016.


Acts 2015, 84th Leg., R.S., Ch. 1176 (S.B. 996), Sec. 1, eff. June 19, 2015.


Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 2, eff. June 15, 2017.


Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 3, eff. June 15, 2017.


Acts 2019, 86th Leg., R.S., Ch. 463 (H.B. 1387), Sec. 1, eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 851 (S.B. 741), Sec. 1, eff. September 1, 2021.


Sec. 37.0812. TRAINING POLICY: SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS. (a) A school district peace officer or school resource officer shall complete an active shooter response training program approved by the Texas Commission on Law Enforcement.


(b) A school district that commissions a school district peace officer or at which a school resource officer provides law enforcement shall adopt a policy requiring the officer to complete the education and training program required by Section 1701.263, Occupations Code.


Added by Acts 2015, 84th Leg., R.S., Ch. 1258 (H.B. 2684), Sec. 1, eff. June 20, 2015.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 9, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1108 (H.B. 2195), Sec. 2, eff. June 14, 2019.


Sec. 37.0813. SCHOOL MARSHALS: PRIVATE SCHOOLS.


(a) The governing body of a private school may appoint one or more school marshals.


(b) The governing body of a private school may select for appointment as a school marshal under this section an applicant who is an employee of the school and certified as eligible for appointment under Section 1701.260, Occupations Code.


(c) A school marshal appointed by the governing body of a private school may carry a concealed handgun or possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the governing body.


(d) Any written regulations adopted for purposes of Subsection (c) must provide that a school marshal may carry a concealed handgun on the school marshal's person or possess the handgun on the physical premises of a school in a locked and secured safe or other locked and secured location. The written regulations must also require that a handgun carried or possessed by a school marshal may be loaded only with frangible duty ammunition approved for that purpose by the Texas Commission on Law Enforcement.


(e) A school marshal may use a handgun the school marshal is authorized to carry or possess under this section only under circumstances that would justify the use of deadly force under Section 9.32 or 9.33, Penal Code.


(f) A private school employee's status as a school marshal becomes inactive on:


(1) expiration of the employee's school marshal license under Section 1701.260, Occupations Code;


(2) suspension or revocation of the employee's license to carry a handgun issued under Subchapter H, Chapter 411, Government Code;


(3) termination of the employee's employment with the private school; or


(4) notice from the governing body that the employee's services as school marshal are no longer required.


(g) The identity of a school marshal appointed under this section is confidential, except as provided by Section 1701.260(j), Occupations Code, and is not subject to a request under Chapter 552, Government Code.


(h) If a parent or guardian of a student enrolled at a private school inquires in writing, the school shall provide the parent or guardian written notice indicating whether any employee of the school is currently appointed a school marshal. The notice may not disclose information that is confidential under Subsection (g).


(i) This section does not apply to a school whose students meet the definition provided by Section 29.916(a)(1).


Added by Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 4, eff. June 15, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 463 (H.B. 1387), Sec. 2, eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 851 (S.B. 741), Sec. 2, eff. September 1, 2021.


Sec. 37.0815. TRANSPORTATION OR STORAGE OF FIREARM AND AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA. (a) A school district or open-enrollment charter school may not prohibit a person, including a school employee, who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun or other firearm or ammunition in a locked, privately owned or leased motor vehicle in a parking lot, parking garage, or other parking area provided by the district or charter school and may not regulate the manner in which the handgun, firearm, or ammunition is stored in the vehicle, provided that the handgun, firearm, or ammunition is not in plain view.


(b) This section does not authorize a person to possess, transport, or store a handgun, a firearm, or ammunition in violation of Section 37.125 of this code, Section 46.03, Penal Code, or other law.


Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 13, eff. September 1, 2017.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 758 (H.B. 1143), Sec. 1, eff. September 1, 2019.


Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 6, eff. September 1, 2021.


Sec. 37.082. POSSESSION OF PAGING DEVICES. (a) The board of trustees of a school district may adopt a policy prohibiting a student from possessing a paging device while on school property or while attending a school-sponsored or school-related activity on or off school property. The policy may establish disciplinary measures to be imposed for violation of the prohibition and may provide for confiscation of the paging device.


(b) The policy may provide for the district to:


(1) dispose of a confiscated paging device in any reasonable manner after having provided the student's parent and the company whose name and address or telephone number appear on the device 30 days' prior notice of its intent to dispose of that device. The notice shall include the serial number of the device and may be made by telephone, telegraph, or in writing; and


(2) charge the owner of the device or the student's parent an administrative fee not to exceed $15 before it releases the device.


(c) In this section, "paging device" means a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor. The term does not include an amateur radio under the control of an operator who holds an amateur radio station license issued by the Federal Communications Commission.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 2.02, eff. September 1, 2007.


Sec. 37.083. DISCIPLINE MANAGEMENT PROGRAMS; SEXUAL HARASSMENT POLICIES. (a) Each school district shall adopt and implement a discipline management program to be included in the district improvement plan under Section 11.252. The program must provide for prevention of and education concerning unwanted physical or verbal aggression and sexual harassment in school, on school grounds, and in school vehicles.


(b) Each school district may develop and implement a sexual harassment policy to be included in the district improvement plan under Section 11.252.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 4, eff. June 18, 2005.


Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 6, eff. June 17, 2011.


Sec. 37.0831. DATING VIOLENCE POLICIES; EDUCATIONAL MATERIALS AND RESOURCES. (a) Each school district shall adopt and implement a dating violence policy to be included in the district improvement plan under Section 11.252.


(b) A dating violence policy must:


(1) include:


(A) a definition of dating violence that includes the intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person in a dating relationship, as defined by Section 71.0021, Family Code;


(B) a clear statement that dating violence is not tolerated at school; and


(C) reporting procedures and guidelines for students who are victims of dating violence, including a procedure for immediately notifying the parent or guardian of a student about a report received by the district identifying the student as an alleged victim or perpetrator of dating violence; and


(2) address safety planning, enforcement of protective orders, school-based alternatives to protective orders, training for teachers and administrators at each district campus that instructs students in grade six or higher, counseling for affected students, and awareness education for students and parents.


(c) To the extent possible, a school district shall make available to students:


(1) age-appropriate educational materials that include information on the dangers of dating violence; and


(2) resources to students seeking help.


Added by Acts 2007, 80th Leg., R.S., Ch. 131 (H.B. 121), Sec. 1, eff. May 18, 2007.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 16, eff. June 18, 2021.


Acts 2021, 87th Leg., 2nd C.S., Ch. 13 (S.B. 9), Sec. 3, eff. December 2, 2021.


Acts 2021, 87th Leg., 2nd C.S., Ch. 13 (S.B. 9), Sec. 4, eff. December 2, 2021.


Sec. 37.0832. BULLYING PREVENTION POLICIES AND PROCEDURES. (a) In this section:


(1) "Bullying":


(A) means a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct that satisfies the applicability requirements provided by Subsection (a-1), and that:


(i) has the effect or will have the effect of physically harming a student, damaging a student's property, or placing a student in reasonable fear of harm to the student's person or of damage to the student's property;


(ii) is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student;


(iii) materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or


(iv) infringes on the rights of the victim at school; and


(B) includes cyberbullying.


(2) "Cyberbullying" means bullying that is done through the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text messaging, a social media application, an Internet website, or any other Internet-based communication tool.


(a-1) This section applies to:


(1) bullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property;


(2) bullying that occurs on a publicly or privately owned school bus or vehicle being used for transportation of students to or from school or a school-sponsored or school-related activity; and


(3) cyberbullying that occurs off school property or outside of a school-sponsored or school-related activity if the cyberbullying:


(A) interferes with a student's educational opportunities; or


(B) substantially disrupts the orderly operation of a classroom, school, or school-sponsored or school-related activity.


(b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 15, eff. September 1, 2017.


(c) The board of trustees of each school district shall adopt a policy, including any necessary procedures, concerning bullying that:


(1) prohibits the bullying of a student;


(2) prevents and mediates bullying incidents between students that:


(A) interfere with a student's educational opportunities; or


(B) substantially disrupt the orderly operation of a classroom, school, or school-sponsored or school-related activity;


(3) prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying;


(4) establishes a procedure for providing notice of an incident of bullying to:


(A) a parent or guardian of the alleged victim on or before the third business day after the date the incident is reported; and


(B) a parent or guardian of the alleged bully within a reasonable amount of time after the incident;


(5) establishes the actions a student should take to obtain assistance and intervention in response to bullying;


(6) sets out the available counseling options for a student who is a victim of or a witness to bullying or who engages in bullying;


(7) establishes procedures for reporting an incident of bullying, including procedures for a student to anonymously report an incident of bullying, investigating a reported incident of bullying, and determining whether the reported incident of bullying occurred;


(8) prohibits the imposition of a disciplinary measure on a student who, after an investigation, is found to be a victim of bullying, on the basis of that student's use of reasonable self-defense in response to the bullying;


(9) requires that discipline for bullying of a student with disabilities comply with applicable requirements under federal law, including the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and


(10) complies with the minimum standards adopted by the agency under Subsection (c-1).


(c-1) The agency shall adopt minimum standards for a school district's policy under Subsection (c). The standards must:


(1) include an emphasis on bullying prevention by focusing on school climate and building healthy relationships between students and staff;


(2) require each district campus to establish a committee to address bullying by focusing on prevention efforts and health and wellness initiatives;


(3) require students at each grade level to meet periodically for instruction on building relationships and preventing bullying, including cyberbullying;


(4) include an emphasis on increasing student reporting of bullying incidents to school employees by:


(A) increasing awareness about district reporting procedures; and


(B) providing for anonymous reporting of bullying incidents;


(5) require districts to:


(A) collect information annually through student surveys on bullying, including cyberbullying; and


(B) use those survey results to develop action plans to address student concerns regarding bullying, including cyberbullying; and


(6) require districts to develop a rubric or checklist to assess an incident of bullying and to determine the district's response to the incident.


(d) The policy and any necessary procedures adopted under Subsection (c) must be included:


(1) annually, in the student and employee school district handbooks; and


(2) in the district improvement plan under Section 11.252.


(e) The procedure for reporting bullying established under Subsection (c) must be posted on the district's Internet website to the extent practicable.


(f) Repealed by Acts 2021, 87th Leg., R.S., Ch. 972 (S.B. 2050), Sec. 3, eff. June 18, 2021.


Added by Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 7, eff. June 17, 2011.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 2, eff. September 1, 2017.


Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 15, eff. September 1, 2017.


Acts 2021, 87th Leg., R.S., Ch. 972 (S.B. 2050), Sec. 1, eff. June 18, 2021.


Acts 2021, 87th Leg., R.S., Ch. 972 (S.B. 2050), Sec. 3, eff. June 18, 2021.


Sec. 37.084. INTERAGENCY SHARING OF RECORDS. (a) A school district superintendent or the superintendent's designee shall disclose information contained in a student's educational records to a juvenile service provider as required by Section 58.0051, Family Code.


(b) The commissioner may enter into an interagency agreement to share educational information for research and analytical purposes with the:


(1) Texas Juvenile Justice Department; and


(2) Texas Department of Criminal Justice.


(c) This section does not require or authorize release of student-level information except in conformity with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), as amended.


Added by Acts 1999, 76th Leg., ch. 217, Sec. 2, eff. May 24, 1999.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 653 (S.B. 1106), Sec. 1, eff. June 17, 2011.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 34, eff. September 1, 2015.


Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C MISDEMEANORS. Notwithstanding any other provision of law, a warrant may not be issued for the arrest of a person for a Class C misdemeanor under this code committed when the person was younger than 17 years of age.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 5, eff. September 1, 2013.


Sec. 37.086. REQUIRED POSTING OF WARNING SIGNS OF INCREASED TRAFFICKING PENALTIES. (a) In this section:


(1) "Premises" has the meaning assigned by Section 481.134, Health and Safety Code.


(2) "School" means a public or private primary or secondary school.


(b) Each school shall post warning signs of the increased penalties for trafficking of persons under Section 20A.02(b-1)(2), Penal Code, at the following locations:


(1) parallel to and along the exterior boundaries of the school's premises;


(2) at each roadway or other way of access to the premises;


(3) for premises not fenced, at least every five hundred feet along the exterior boundaries of the premises;


(4) at each entrance to the premises; and


(5) at conspicuous places reasonably likely to be viewed by all persons entering the premises.


(c) The agency, in consultation with the human trafficking prevention task force created under Section 402.035, Government Code, shall adopt rules regarding the placement, installation, design, size, wording, and maintenance procedures for the warning signs required under this section. The rules must require that each warning sign:


(1) include a description of the provisions of Section 20A.02(b-1), Penal Code, including the penalties for violating that section;


(2) be written in English and Spanish; and


(3) be at least 8-1/2 by 11 inches in size.


(d) The agency shall provide each school without charge the number of warning signs required to comply with this section and rules adopted under this section. If the agency is unable to provide each school with the number of signs necessary to comply with Subsection (b), the agency may:


(1) provide to a school fewer signs than the number necessary to comply with that section; and


(2) prioritize distribution of signs to schools based on reports of criminal activity in the areas near that school.


Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 58, eff. September 1, 2021.


Added by Acts 2021, 87th Leg., R.S., Ch. 1049 (S.B. 1831), Sec. 2, eff. September 1, 2021.


Sec. 37.087. IMMUNITY FROM LIABILITY. (a) In this section:


(1) "Retired peace officer" has the meaning assigned by Section 1701.3161, Occupations Code.


(2) "Security personnel" includes:


(A) a school district peace officer;


(B) a school marshal;


(C) a school resource officer; and


(D) a retired peace officer who:


(i) has been hired by a school district, open-enrollment charter school, or private school to provide security services; or


(ii) volunteers to provide security services to the school district, open-enrollment charter school, or private school.


(b) A school district, open-enrollment charter school, or private school is immune from liability for any damages resulting from any reasonable action taken by security personnel to maintain the safety of the school campus, including action relating to possession or use of a firearm.


(c) A school district, open-enrollment charter school, or private school is immune from liability as provided by Subsection (b) for any damages resulting from any reasonable action taken by a school district, open-enrollment charter school, or private school employee who has written permission from the board of trustees of the school district or the governing body of the open-enrollment charter school or the private school to carry a firearm on campus.


(d) Any security personnel employed by a school district, open-enrollment charter school, or private school is immune from liability for any damages resulting from any reasonable action taken by the security personnel to maintain the safety of the school campus, including action relating to possession or use of a firearm.


(e) The statutory immunity provided by this section is in addition to and does not preempt the common law doctrine of official and governmental immunity. To the extent that another statute provides greater immunity to a school district, open-enrollment charter school, or private school than this section, that statute prevails.


Added by Acts 2021, 87th Leg., R.S., Ch. 671 (H.B. 1788), Sec. 1, eff. September 1, 2021.


SUBCHAPTER D. PROTECTION OF BUILDINGS AND GROUNDS



Sec. 37.101. APPLICABILITY OF CRIMINAL LAWS. The criminal laws of the state apply in the areas under the control and jurisdiction of the board of trustees of any school district in this state.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.102. RULES; PENALTY. (a) The board of trustees of a school district may adopt rules for the safety and welfare of students, employees, and property and other rules it considers necessary to carry out this subchapter and the governance of the district, including rules providing for the operation and parking of vehicles on school property. The board may adopt and charge a reasonable fee for parking and for providing traffic control.


(b) A law or ordinance regulating traffic on a public highway or street applies to the operation of a vehicle on school property, except as modified by this subchapter.


(c) A person who violates any rule adopted under this subchapter providing for the operation and parking of vehicles on school property commits an offense. An offense under this section is a Class C misdemeanor.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1167 (H.B. 278), Sec. 1, eff. September 1, 2007.


Sec. 37.103. ENFORCEMENT OF RULES. Notwithstanding any other provision of this subchapter, the board of trustees of a school district may authorize any officer commissioned by the board to enforce rules adopted by the board. This subchapter is not intended to restrict the authority of each district to adopt and enforce appropriate rules for the orderly conduct of the district in carrying out its purposes and objectives or the right of separate jurisdiction relating to the conduct of its students and personnel.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.104. COURTS HAVING JURISDICTION. The judge of a municipal court of a municipality in which, or any justice of the peace of a county in which, property under the control and jurisdiction of a school district is located may hear and determine criminal cases involving violations of this subchapter or rules adopted under this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.105. UNAUTHORIZED PERSONS: REFUSAL OF ENTRY, EJECTION, IDENTIFICATION. (a) A school administrator, school resource officer, or school district peace officer of a school district may refuse to allow a person to enter on or may eject a person from property under the district's control if the person refuses to leave peaceably on request and:


(1) the person poses a substantial risk of harm to any person; or


(2) the person behaves in a manner that is inappropriate for a school setting and:


(A) the administrator, resource officer, or peace officer issues a verbal warning to the person that the person's behavior is inappropriate and may result in the person's refusal of entry or ejection; and


(B) the person persists in that behavior.


(b) Identification may be required of any person on the property.


(c) Each school district shall maintain a record of each verbal warning issued under Subsection (a)(2)(A), including the name of the person to whom the warning was issued and the date of issuance.


(d) At the time a person is refused entry to or ejected from a school district's property under this section, the district shall provide to the person written information explaining the appeal process established under Subsection (h).


(e) If a parent or guardian of a child enrolled in a school district is refused entry to the district's property under this section, the district shall accommodate the parent or guardian to ensure that the parent or guardian may participate in the child's admission, review, and dismissal committee or in the child's team established under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in accordance with federal law.


(f) The term of a person's refusal of entry to or ejection from a school district's property under this section may not exceed two years.


(g) A school district shall post on the district's Internet website and each district campus shall post on any Internet website of the campus a notice regarding the provisions of this section, including the appeal process established under Subsection (h).


(h) The commissioner shall adopt rules to implement this section, including rules establishing a process for a person to appeal to the board of trustees of the school district the decision under Subsection (a) to refuse the person's entry to or eject the person from the district's property.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 924 (S.B. 1553), Sec. 5, eff. June 15, 2017.


Sec. 37.106. VEHICLE IDENTIFICATION INSIGNIA. The board of trustees of a school district may provide for the issuance and use of suitable vehicle identification insignia. The board may bar or suspend a person from driving or parking a vehicle on any school property as a result of the person's violation of any rule adopted by the board or of this subchapter. Reinstatement of the privileges may be permitted and a reasonable fee assessed.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.107. TRESPASS ON SCHOOL GROUNDS. An unauthorized person who trespasses on the grounds of any school district of this state commits an offense. An offense under this section is a Class C misdemeanor.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.108. MULTIHAZARD EMERGENCY OPERATIONS PLAN; SAFETY AND SECURITY AUDIT. (a) Each school district or public junior college district shall adopt and implement a multihazard emergency operations plan for use in the district's facilities. The plan must address prevention, mitigation, preparedness, response, and recovery as defined by the Texas School Safety Center in conjunction with the governor's office of homeland security and the commissioner of education or commissioner of higher education, as applicable. The plan must provide for:


(1) training in responding to an emergency for district employees, including substitute teachers;


(2) measures to ensure district employees, including substitute teachers, have classroom access to a telephone, including a cellular telephone, or another electronic communication device allowing for immediate contact with district emergency services or emergency services agencies, law enforcement agencies, health departments, and fire departments;


(3) measures to ensure district communications technology and infrastructure are adequate to allow for communication during an emergency;


(4) if the plan applies to a school district, mandatory school drills and exercises, including drills required under Section 37.114, to prepare district students and employees for responding to an emergency;


(5) measures to ensure coordination with the Department of State Health Services and local emergency management agencies, law enforcement, health departments, and fire departments in the event of an emergency; and


(6) the implementation of a safety and security audit as required by Subsection (b).


(b) At least once every three years, each school district or public junior college district shall conduct a safety and security audit of the district's facilities. To the extent possible, a district shall follow safety and security audit procedures developed by the Texas School Safety Center or a person included in the registry established by the Texas School Safety Center under Section 37.2091.


(b-1) In a school district's safety and security audit required under Subsection (b), the district must certify that the district used the funds provided to the district through the school safety allotment under Section 48.115 only for the purposes provided by that section.


(c) A school district or public junior college district shall report the results of the safety and security audit conducted under Subsection (b) to the district's board of trustees and, in the manner required by the Texas School Safety Center, to the Texas School Safety Center. The report provided to the Texas School Safety Center under this subsection must be signed by:


(1) for a school district, the district's board of trustees and superintendent; or


(2) for a public junior college district, the president of the junior college district.


(c-1) Except as provided by Subsection (c-2), any document or information collected, developed, or produced during a safety and security audit conducted under Subsection (b) is not subject to disclosure under Chapter 552, Government Code.


(c-2) A document relating to a school district's or public junior college district's multihazard emergency operations plan is subject to disclosure if the document enables a person to:


(1) verify that the district has established a plan and determine the agencies involved in the development of the plan and the agencies coordinating with the district to respond to an emergency, including the Department of State Health Services, local emergency services agencies, law enforcement agencies, health departments, and fire departments;


(2) verify that the district's plan was reviewed within the last 12 months and determine the specific review dates;


(3) verify that the plan addresses the five phases of emergency management under Subsection (a);


(4) verify that district employees have been trained to respond to an emergency and determine the types of training, the number of employees trained, and the person conducting the training;


(5) verify that each campus in the district has conducted mandatory emergency drills and exercises in accordance with the plan and determine the frequency of the drills;


(6) if the district is a school district, verify that the district has established a plan for responding to a train derailment if required under Subsection (d);


(7) verify that the district has completed a safety and security audit under Subsection (b) and determine the date the audit was conducted, the person conducting the audit, and the date the district presented the results of the audit to the district's board of trustees;


(8) verify that the district has addressed any recommendations by the district's board of trustees for improvement of the plan and determine the district's progress within the last 12 months; and


(9) if the district is a school district, verify that the district has established a visitor policy and identify the provisions governing access to a district building or other district property.


(d) A school district shall include in its multihazard emergency operations plan a policy for responding to a train derailment near a district school. A school district is only required to adopt the policy described by this subsection if a school district facility is located within 1,000 yards of a railroad track, as measured from any point on the school's real property boundary line. The school district may use any available community resources in developing the policy described by this subsection.


(e) A school district shall include in its multihazard emergency operations plan a policy for school district property selected for use as a polling place under Section 43.031, Election Code. In developing the policy under this subsection, the board of trustees may consult with the local law enforcement agency with jurisdiction over the school district property selected as a polling place regarding reasonable security accommodations that may be made to the property. This subsection may not be interpreted to require the board of trustees to obtain or contract for the presence of law enforcement or security personnel for the purpose of securing a polling place located on school district property. Failure to comply with this subsection does not affect the requirement of the board of trustees to make a school facility available for use as a polling place under Section 43.031, Election Code.


(f) A school district shall include in its multihazard emergency operations plan:


(1) a chain of command that designates the individual responsible for making final decisions during a disaster or emergency situation and identifies other individuals responsible for making those decisions if the designated person is unavailable;


(2) provisions that address physical and psychological safety for responding to a natural disaster, active shooter, and any other dangerous scenario identified for purposes of this section by the agency or the Texas School Safety Center;


(3) provisions for ensuring the safety of students in portable buildings;


(4) provisions for ensuring that students and district personnel with disabilities are provided equal access to safety during a disaster or emergency situation;


(5) provisions for providing immediate notification to parents, guardians, and other persons standing in parental relation in circumstances involving a significant threat to the health or safety of students, including identification of the individual with responsibility for overseeing the notification;


(6) provisions for supporting the psychological safety of students, district personnel, and the community during the response and recovery phase following a disaster or emergency situation that:


(A) are aligned with best practice-based programs and research-based practices recommended under Section 38.351;


(B) include strategies for ensuring any required professional development training for suicide prevention and grief-informed and trauma-informed care is provided to appropriate school personnel;


(C) include training on integrating psychological safety and suicide prevention strategies into the district's plan, such as psychological first aid for schools training, from an approved list of recommended training established by the commissioner and Texas School Safety Center for:


(i) members of the district's school safety and security committee under Section 37.109;


(ii) district school counselors and mental health professionals; and


(iii) educators and other district personnel as determined by the district;


(D) include strategies and procedures for integrating and supporting physical and psychological safety that align with the provisions described by Subdivision (2); and


(E) implement trauma-informed policies;


(7) a policy for providing a substitute teacher access to school campus buildings and materials necessary for the substitute teacher to carry out the duties of a district employee during an emergency or a mandatory emergency drill; and


(8) the name of each individual on the district's school safety and security committee established under Section 37.109 and the date of each committee meeting during the preceding year.


(g) A school district shall include in its multihazard emergency operations plan a policy for responding to an active shooter emergency. The school district may use any available community resources in developing the policy described by this subsection.


Added by Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 1, eff. September 1, 2005.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.02, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1326 (S.B. 1504), Sec. 2, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.01, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.02, eff. September 1, 2009.


Acts 2017, 85th Leg., R.S., Ch. 809 (H.B. 332), Sec. 1, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 10, eff. June 6, 2019.


Acts 2019, 86th Leg., R.S., Ch. 1108 (H.B. 2195), Sec. 1, eff. June 14, 2019.


Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 16, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.010, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 928 (H.B. 3597), Sec. 1, eff. June 18, 2021.


Sec. 37.1081. PUBLIC HEARING ON MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE. (a) If the board of trustees of a school district receives notice of noncompliance under Section 37.207(e) or 37.2071(g), the board shall hold a public hearing to notify the public of:


(1) the district's failure to:


(A) submit or correct deficiencies in a multihazard emergency operations plan; or


(B) report the results of a safety and security audit to the Texas School Safety Center as required by law;


(2) the dates during which the district has not been in compliance; and


(3) the names of each member of the board of trustees and the superintendent serving in that capacity during the dates the district was not in compliance.


(b) The school district shall provide the information required under Subsection (a)(3) in writing to each person in attendance at the hearing.


(c) The board shall give members of the public a reasonable opportunity to appear before the board and to speak on the issue of the district's failure to submit or correct deficiencies in a multihazard emergency operations plan or report the results of a safety and security audit during a hearing held under this section.


(d) A school district required to hold a public hearing under Subsection (a) shall provide written confirmation to the Texas School Safety Center that the district held the hearing.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 11, eff. June 6, 2019.


Sec. 37.1082. MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS. (a) If the agency receives notice from the Texas School Safety Center of a school district's failure to submit a multihazard emergency operations plan, the commissioner may appoint a conservator for the district under Chapter 39A. The conservator may order the district to adopt, implement, and submit a multihazard emergency operations plan.


(b) If a district fails to comply with a conservator's order to adopt, implement, and submit a multihazard emergency operations plan within the time frame imposed by the commissioner, the commissioner may appoint a board of managers under Chapter 39A to oversee the operations of the district.


(c) The commissioner may adopt rules as necessary to administer this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 11, eff. June 6, 2019.


Sec. 37.109. SCHOOL SAFETY AND SECURITY COMMITTEE. (a) In accordance with guidelines established by the Texas School Safety Center, each school district shall establish a school safety and security committee.


(a-1) The committee, to the greatest extent practicable, must include:


(1) one or more representatives of an office of emergency management of a county or city in which the district is located;


(2) one or more representatives of the local police department or sheriff's office;


(3) one or more representatives of the district's police department, if applicable;


(4) the president of the district's board of trustees;


(5) a member of the district's board of trustees other than the president;


(6) the district's superintendent;


(7) one or more designees of the district's superintendent, one of whom must be a classroom teacher in the district;


(8) if the district partners with an open-enrollment charter school to provide instruction to students, a member of the open-enrollment charter school's governing body or a designee of the governing body; and


(9) two parents or guardians of students enrolled in the district.


(b) The committee shall:


(1) participate on behalf of the district in developing and implementing emergency plans consistent with the district multihazard emergency operations plan required by Section 37.108(a) to ensure that the plans reflect specific campus, facility, or support services needs;


(2) periodically provide recommendations to the district's board of trustees and district administrators regarding updating the district multihazard emergency operations plan required by Section 37.108(a) in accordance with best practices identified by the agency, the Texas School Safety Center, or a person included in the registry established by the Texas School Safety Center under Section 37.2091;


(3) provide the district with any campus, facility, or support services information required in connection with a safety and security audit required by Section 37.108(b), a safety and security audit report required by Section 37.108(c), or another report required to be submitted by the district to the Texas School Safety Center;


(4) review each report required to be submitted by the district to the Texas School Safety Center to ensure that the report contains accurate and complete information regarding each campus, facility, or support service in accordance with criteria established by the center; and


(5) consult with local law enforcement agencies on methods to increase law enforcement presence near district campuses.


(c) Except as otherwise provided by this subsection, the committee shall meet at least once during each academic semester and at least once during the summer. A committee established by a school district that operates schools on a year-round system or in accordance with another alternative schedule shall meet at least three times during each calendar year, with an interval of at least two months between each meeting.


(d) The committee is subject to Chapter 551, Government Code, and may meet in executive session as provided by that chapter. Notice of a committee meeting must be posted in the same manner as notice of a meeting of the district's board of trustees.


Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.03, eff. September 1, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 12, eff. June 6, 2019.


Sec. 37.110. INFORMATION REGARDING GANG-FREE ZONES. The superintendent of each public school district and the administrator of each private elementary or secondary school located in the public school district shall ensure that the student handbook for each campus in the public school district includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.


Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 4, eff. June 19, 2009.


Sec. 37.113. NOTIFICATION REGARDING BOMB THREAT OR TERRORISTIC THREAT. A school district that receives a bomb threat or terroristic threat relating to a campus or other district facility at which students are present shall provide notification of the threat as soon as possible to the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility, as applicable.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 13, eff. June 6, 2019.


Sec. 37.114. BEST PRACTICES FOR EMERGENCY SCHOOL DRILLS AND EXERCISES; MANDATORY SCHOOL DRILLS. The commissioner, in consultation with the Texas School Safety Center and the state fire marshal, shall adopt rules:


(1) providing best practices for conducting emergency school drills and exercises, including definitions for relevant terms; and


(2) designating the number and type of mandatory school drills to be conducted each semester of the school year, not to exceed a total of eight drills.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 13, eff. June 6, 2019.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 542 (S.B. 168), Sec. 1, eff. June 14, 2021.


Acts 2021, 87th Leg., R.S., Ch. 928 (H.B. 3597), Sec. 2, eff. June 18, 2021.


Sec. 37.1141. ACTIVE THREAT EXERCISES. (a) Before a school district may conduct an active threat exercise, including an active shooter simulation, the district shall ensure that:


(1) adequate notice of the exercise is provided to students expected to participate in the exercise, the parents of those students, and staff likely to be part of the exercise, including information regarding:


(A) the date on which the exercise will occur;


(B) the content, form, and tone of the exercise; and


(C) whether the exercise will include a live simulation that mimics or appears to be an actual shooting incident;


(2) the exercise is announced to students and faculty before the start of the exercise, including, if applicable, an announcement that the exercise will include a live simulation that mimics or appears to be an actual threat, such as a shooting incident;


(3) first responder organizations that would likely respond in the event of a false report or alarm are notified regarding the exercise;


(4) a safe zone is created around the area in which the exercise will be conducted to keep out actual firearms, ammunition, and other weapons, other than firearms, ammunition, or other weapons carried by a peace officer, school resource officer, or school marshal or any other person authorized by the district to carry those items on school grounds;


(5) the content of the exercise:


(A) is age appropriate and developmentally appropriate;


(B) has been developed by a team of school administrators, teachers, school-based mental health professionals, and law enforcement officers, with input from parents and students; and


(C) is designed to support the well-being of students who participate in the exercise before, during, and after the exercise is conducted; and


(6) data regarding the efficacy and impact of the exercise will be tracked, including any feedback regarding the exercise from students, staff, or family members of students or staff.


(b) Subsection (a)(4) may not be construed to prohibit a parent, legal guardian, or other person acting on a parent's or legal guardian's behalf from transporting or storing in the person's motor vehicle a firearm, ammunition, or other weapon that the person is legally authorized to possess while the person is picking up a child from school.


(c) A school district shall submit data collected under Subsection (a)(6) to the Texas School Safety Center.


(d) The commissioner may adopt rules as necessary to implement this section.


Added by Acts 2021, 87th Leg., R.S., Ch. 542 (S.B. 168), Sec. 2, eff. June 14, 2021.


Sec. 37.115. THREAT ASSESSMENT AND SAFE AND SUPPORTIVE SCHOOL PROGRAM AND TEAM. (a) In this section:


(1) "Harmful, threatening, or violent behavior" includes behaviors, such as verbal threats, threats of self harm, bullying, cyberbullying, fighting, the use or possession of a weapon, sexual assault, sexual harassment, dating violence, stalking, or assault, by a student that could result in:


(A) specific interventions, including mental health or behavioral supports;


(B) in-school suspension;


(C) out-of-school suspension; or


(D) the student's expulsion or removal to a disciplinary alternative education program or a juvenile justice alternative education program.


(2) "Team" means a threat assessment and safe and supportive school team established by the board of trustees of a school district under this section.


(b) The agency, in coordination with the Texas School Safety Center, shall adopt rules to establish a safe and supportive school program. The rules shall incorporate research-based best practices for school safety, including providing for:


(1) physical and psychological safety;


(2) a multiphase and multihazard approach to prevention, mitigation, preparedness, response, and recovery in a crisis situation;


(3) a systemic and coordinated multitiered support system that addresses school climate, the social and emotional domain, and behavioral and mental health; and


(4) multidisciplinary and multiagency collaboration to assess risks and threats in schools and provide appropriate interventions, including rules for the establishment and operation of teams.


(c) The board of trustees of each school district shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams. The team is responsible for developing and implementing the safe and supportive school program under Subsection (b) at the district campus served by the team. The policies and procedures adopted under this section must:


(1) be consistent with the model policies and procedures developed by the Texas School Safety Center;


(2) require each team to complete training provided by the Texas School Safety Center or a regional education service center regarding evidence-based threat assessment programs; and


(3) require each team established under this section to report the information required under Subsection (k) regarding the team's activities to the agency.


(d) The superintendent of the district shall ensure, to the greatest extent practicable, that the members appointed to each team have expertise in counseling, behavior management, mental health and substance use, classroom instruction, special education, school administration, school safety and security, emergency management, and law enforcement. A team may serve more than one campus of a school district, provided that each district campus is assigned a team.


(e) The superintendent of a school district may establish a committee, or assign to an existing committee established by the district, the duty to oversee the operations of teams established for the district. A committee with oversight responsibility under this subsection must include members with expertise in human resources, education, special education, counseling, behavior management, school administration, mental health and substance use, school safety and security, emergency management, and law enforcement.


(f) Each team shall:


(1) conduct a threat assessment that includes:


(A) assessing and reporting individuals who make threats of violence or exhibit harmful, threatening, or violent behavior in accordance with the policies and procedures adopted under Subsection (c); and


(B) gathering and analyzing data to determine the level of risk and appropriate intervention, including:


(i) referring a student for mental health assessment; and


(ii) implementing an escalation procedure, if appropriate based on the team's assessment, in accordance with district policy;


(2) provide guidance to students and school employees on recognizing harmful, threatening, or violent behavior that may pose a threat to the community, school, or individual; and


(3) support the district in implementing the district's multihazard emergency operations plan.


(g) A team may not provide a mental health care service to a student who is under 18 years of age unless the team obtains written consent from the parent of or person standing in parental relation to the student before providing the mental health care service. The consent required by this subsection must be submitted on a form developed by the school district that complies with all applicable state and federal law. The student's parent or person standing in parental relation to the student may give consent for a student to receive ongoing services or may limit consent to one or more services provided on a single occasion.


(h) On a determination that a student or other individual poses a serious risk of violence to self or others, a team shall immediately report the team's determination to the superintendent. If the individual is a student, the superintendent shall immediately attempt to inform the parent or person standing in parental relation to the student. The requirements of this subsection do not prevent an employee of the school from acting immediately to prevent an imminent threat or respond to an emergency.


(i) A team identifying a student at risk of suicide shall act in accordance with the district's suicide prevention program. If the student at risk of suicide also makes a threat of violence to others, the team shall conduct a threat assessment in addition to actions taken in accordance with the district's suicide prevention program.


(j) A team identifying a student using or possessing tobacco, drugs, or alcohol shall act in accordance with district policies and procedures related to substance use prevention and intervention.


(k) A team must report to the agency in accordance with guidelines developed by the agency the following information regarding the team's activities and other information for each school district campus the team serves:


(1) the occupation of each person appointed to the team;


(2) the number of threats and a description of the type of the threats reported to the team;


(3) the outcome of each assessment made by the team, including:


(A) any disciplinary action taken, including a change in school placement;


(B) any action taken by law enforcement; or


(C) a referral to or change in counseling, mental health, special education, or other services;


(4) the total number, disaggregated by student gender, race, and status as receiving special education services, being at risk of dropping out of school, being in foster care, experiencing homelessness, being a dependent of military personnel, being pregnant or a parent, having limited English proficiency, or being a migratory child, of, in connection with an assessment or reported threat by the team:


(A) citations issued for Class C misdemeanor offenses;


(B) arrests;


(C) incidents of uses of restraint;


(D) changes in school placement, including placement in a juvenile justice alternative education program or disciplinary alternative education program;


(E) referrals to or changes in counseling, mental health, special education, or other services;


(F) placements in in-school suspension or out-of-school suspension and incidents of expulsion;


(G) unexcused absences of 15 or more days during the school year; and


(H) referrals to juvenile court for truancy; and


(5) the number and percentage of school personnel trained in:


(A) a best-practices program or research-based practice under Section 38.351, including the number and percentage of school personnel trained in:


(i) suicide prevention; or


(ii) grief and trauma-informed practices;


(B) mental health or psychological first aid for schools;


(C) training relating to the safe and supportive school program established under Subsection (b); or


(D) any other program relating to safety identified by the commissioner.


(l) The commissioner may adopt rules to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 13, eff. June 6, 2019.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.011, eff. September 1, 2021.


Acts 2021, 87th Leg., R.S., Ch. 928 (H.B. 3597), Sec. 3, eff. June 18, 2021.


SUBCHAPTER E. PENAL PROVISIONS



Sec. 37.121. FRATERNITIES, SORORITIES, SECRET SOCIETIES, AND GANGS. (a) A person commits an offense if the person:


(1) is a member of, pledges to become a member of, joins, or solicits another person to join or pledge to become a member of a public school fraternity, sorority, secret society, or gang; or


(2) is not enrolled in a public school and solicits another person to attend a meeting of a public school fraternity, sorority, secret society, or gang or a meeting at which membership in one of those groups is encouraged.


(b) A school district board of trustees or an educator shall recommend placing in a disciplinary alternative education program any student under the person's control who violates Subsection (a).


(c) An offense under this section is a Class C misdemeanor.


(d) In this section, "public school fraternity, sorority, secret society, or gang" means an organization composed wholly or in part of students of public primary or secondary schools that seeks to perpetuate itself by taking in additional members from the students enrolled in school on the basis of the decision of its membership rather than on the free choice of a student in the school who is qualified by the rules of the school to fill the special aims of the organization. The term does not include an agency for public welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay, Rainbow Girls, Pan-American Clubs, scholarship societies, or other similar educational organizations sponsored by state or national education authorities.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 23, eff. June 20, 2003.


Sec. 37.122. POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS. (a) A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while:


(1) on the grounds or in a building of a public school; or


(2) entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school of this state is being held.


(a-1) It is a defense to prosecution under this section that the person possessed the intoxicating beverage:


(1) at a performing arts facility; and


(2) during an event held outside of regular school hours and not sponsored or sanctioned by a school district.


(b) An officer of this state who sees a person violating this section shall immediately seize the intoxicating beverage and, within a reasonable time, deliver it to the county or district attorney to be held as evidence until the trial of the accused possessor.


(c) An offense under this section is a Class C misdemeanor.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 834 (H.B. 2633), Sec. 3, eff. September 1, 2019.


Sec. 37.123. DISRUPTIVE ACTIVITIES. (a) A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property of any private or public school.


(b) For purposes of this section, disruptive activity is:


(1) obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization of the administration of the school;


(2) seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;


(3) preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;


(4) disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or


(5) obstructing or restraining the passage of a person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force or violence the ingress or egress of a person to or from the property or campus without the authorization of the administration of the school.


(c) An offense under this section is a Class B misdemeanor.


(d) Any person who is convicted the third time of violating this section is ineligible to attend any institution of higher education receiving funds from this state before the second anniversary of the third conviction.


(e) This section may not be construed to infringe on any right of free speech or expression guaranteed by the constitution of the United States or of this state.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.124. DISRUPTION OF CLASSES. (a) A person other than a primary or secondary grade student enrolled in the school commits an offense if the person, on school property or on public property within 500 feet of school property, alone or in concert with others, intentionally disrupts the conduct of classes or other school activities.


(b) An offense under this section is a Class C misdemeanor.


(c) In this section:


(1) "Disrupting the conduct of classes or other school activities" includes:


(A) emitting noise of an intensity that prevents or hinders classroom instruction;


(B) enticing or attempting to entice a student away from a class or other school activity that the student is required to attend;


(C) preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend; and


(D) entering a classroom without the consent of either the principal or the teacher and, through either acts of misconduct or the use of loud or profane language, disrupting class activities.


(2) "Public property" includes a street, highway, alley, public park, or sidewalk.


(3) "School property" includes a public school campus or school grounds on which a public school is located and any grounds or buildings used by a school for an assembly or other school-sponsored activity.


(d) It is an exception to the application of Subsection (a) that, at the time the person engaged in conduct prohibited under that subsection, the person was younger than 12 years of age.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 4, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 10, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 6, eff. September 1, 2013.


Sec. 37.125. EXHIBITION, USE, OR THREAT OF EXHIBITION OR USE OF FIREARMS. (a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally:


(1) exhibits or uses a firearm:


(A) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or


(B) on a school bus being used to transport children to or from school-sponsored activities of a private or public school;


(2) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B) and was in possession of or had immediate access to the firearm; or


(3) threatens to exhibit or use a firearm in or on property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B).


(b) An offense under Subsection (a)(1) or (2) is a third degree felony.


(c) An offense under Subsection (a)(3) is a Class A misdemeanor.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 704 (H.B. 2112), Sec. 1, eff. September 1, 2007.


Acts 2017, 85th Leg., R.S., Ch. 795 (H.B. 2880), Sec. 1, eff. September 1, 2017.


Sec. 37.126. DISRUPTION OF TRANSPORTATION. (a) Except as provided by Section 37.125, a person other than a primary or secondary grade student commits an offense if the person intentionally disrupts, prevents, or interferes with the lawful transportation of children:


(1) to or from school on a vehicle owned or operated by a county or independent school district; or


(2) to or from an activity sponsored by a school on a vehicle owned or operated by a county or independent school district.


(b) An offense under this section is a Class C misdemeanor.


(c) It is an exception to the application of Subsection (a)(1) that, at the time the person engaged in conduct prohibited under that subdivision, the person was younger than 12 years of age.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 5, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 11, eff. September 1, 2013.


Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 7, eff. September 1, 2013.


SUBCHAPTER E-1. CRIMINAL PROCEDURE



Sec. 37.141. DEFINITIONS. In this subchapter:


(1) "Child" means a person who is:


(A) a student; and


(B) at least 10 years of age and younger than 18 years of age.


(2) "School offense" means an offense committed by a child enrolled in a public school that is a Class C misdemeanor other than a traffic offense and that is committed on property under the control and jurisdiction of a school district.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 4, eff. September 1, 2015.


Sec. 37.142. CONFLICT OF LAW. To the extent of any conflict, this subchapter controls over any other law applied to a school offense alleged to have been committed by a child.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Sec. 37.143. CITATION PROHIBITED; CUSTODY OF CHILD. (a) A peace officer, law enforcement officer, or school resource officer may not issue a citation to a child who is alleged to have committed a school offense.


(b) This subchapter does not prohibit a child from being taken into custody under Section 52.01, Family Code.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 5, eff. September 1, 2015.


(1) a warning letter to be issued to the child and the child's parent or guardian that specifically states the child's alleged school offense and explains the consequences if the child engages in additional misconduct;


(2) a behavior contract with the child that must be signed by the child, the child's parent or guardian, and an employee of the school and that includes a specific description of the behavior that is required or prohibited for the child and the penalties for additional alleged school offenses, including additional disciplinary action or the filing of a complaint in a criminal court;


(3) the performance of school-based community service by the child; and


(4) the referral of the child to counseling, community-based services, or other in-school or out-of-school services aimed at addressing the child's behavioral problems.


(b) A referral made under Subsection (a)(4) may include participation by the child's parent or guardian if necessary.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Sec. 37.145. COMPLAINT. If a child fails to comply with or complete graduated sanctions under Section 37.144, or if the school district has not elected to adopt a system of graduated sanctions under that section, the school may file a complaint against the child with a criminal court in accordance with Section 37.146.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45.019, Code of Criminal Procedure:


(1) be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and


(2) be accompanied by a statement from a school employee stating:


(A) whether the child is eligible for or receives special services under Subchapter A, Chapter 29; and


(B) the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed.


(b) After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45.057(e), Code of Criminal Procedure.


(c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45.052, Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 6, eff. September 1, 2015.


Sec. 37.147. PROSECUTING ATTORNEYS. An attorney representing the state in a court with jurisdiction may adopt rules pertaining to the filing of a complaint under this subchapter that the state considers necessary in order to:


(1) determine whether there is probable cause to believe that the child committed the alleged offense;


(2) review the circumstances and allegations in the complaint for legal sufficiency; and


(3) see that justice is done.


Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.


Sec. 37.148. RIGHT TO REPORT CRIME. (a) An employee of a school district or open-enrollment charter school may report a crime witnessed at the school to any peace officer with authority to investigate the crime.


(b) A school district or open-enrollment charter school may not adopt a policy requiring a school employee to:


(1) refrain from reporting a crime witnessed at the school; or


(2) report a crime witnessed at the school only to certain persons or peace officers.


Added by Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 4, eff. September 1, 2015.


SUBCHAPTER F. HAZING



Sec. 37.151. DEFINITIONS. In this subchapter:


(1) "Educational institution" includes a public or private high school.


(2) "Pledge" means any person who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in an organization.


(3) "Pledging" means any action or activity related to becoming a member of an organization.


(4) "Student" means any person who:


(A) is registered in or in attendance at an educational institution;


(B) has been accepted for admission at the educational institution where the hazing incident occurs; or


(C) intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation.


(5) "Organization" means a fraternity, sorority, association, corporation, order, society, corps, club, or student government, a band or musical group or an academic, athletic, cheerleading, or dance team, including any group or team that participates in National Collegiate Athletic Association competition, or a service, social, or similar group, whose members are primarily students.


(6) "Hazing" means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act:


(A) is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;


(B) involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;


(C) involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, other than as described by Paragraph (E), that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;


(D) is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code; or


(E) involves coercing, as defined by Section 1.07, Penal Code, the student to consume:


(i) a drug; or


(ii) an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Section 49.01, Penal Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38), Sec. 1, eff. September 1, 2019.


Sec. 37.152. PERSONAL HAZING OFFENSE. (a) A person commits an offense if the person:


(1) engages in hazing;


(2) solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;


(3) recklessly permits hazing to occur; or


(4) has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the dean of students or other appropriate official of the institution.


(b) The offense of failing to report is a Class B misdemeanor.


(c) Any other offense under this section that does not cause serious bodily injury to another is a Class B misdemeanor.


(d) Any other offense under this section that causes serious bodily injury to another is a Class A misdemeanor.


(e) Any other offense under this section that causes the death of another is a state jail felony.


(f) Except if an offense causes the death of a student, in sentencing a person convicted of an offense under this section, the court may require the person to perform community service, subject to the same conditions imposed on a person placed on community supervision under Chapter 42A, Code of Criminal Procedure, for an appropriate period of time in lieu of confinement in county jail or in lieu of a part of the time the person is sentenced to confinement in county jail.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.30, eff. January 1, 2017.


Sec. 37.153. ORGANIZATION HAZING OFFENSE. (a) An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.


(b) An offense under this section is a misdemeanor punishable by:


(1) a fine of not less than $5,000 nor more than $10,000; or


(2) if the court finds that the offense caused personal injury, property damage, or other loss, a fine of not less than $5,000 nor more than double the amount lost or expenses incurred because of the injury, damage, or loss.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.154. CONSENT NOT A DEFENSE. It is not a defense to prosecution of an offense under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.155. IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY AVAILABLE. (a) In the prosecution of an offense under this subchapter, the court may grant immunity from prosecution for the offense to each person who is subpoenaed to testify for the prosecution and who does testify for the prosecution.


(b) Any person who voluntarily reports a specific hazing incident involving a student in an educational institution to the dean of students or other appropriate official of the institution is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the reported hazing incident if the person:


(1) reports the incident before being contacted by the institution concerning the incident or otherwise being included in the institution's investigation of the incident; and


(2) as determined by the dean of students or other appropriate official of the institution designated by the institution, cooperates in good faith throughout any institutional process regarding the incident.


(c) Immunity under Subsection (b) extends to participation in any judicial proceeding resulting from the report.


(d) A person is not immune under Subsection (b) if the person:


(1) reports the person's own act of hazing; or


(2) reports an incident of hazing in bad faith or with malice.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38), Sec. 2, eff. September 1, 2019.


Sec. 37.156. OFFENSES IN ADDITION TO OTHER PENAL PROVISIONS. This subchapter does not affect or repeal any penal law of this state. This subchapter does not limit or affect the right of an educational institution to enforce its own penalties against hazing.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.157. REPORTING BY MEDICAL AUTHORITIES. A doctor or other medical practitioner who treats a student who may have been subjected to hazing activities:


(1) may report the suspected hazing activities to police or other law enforcement officials; and


(2) is immune from civil or other liability that might otherwise be imposed or incurred as a result of the report, unless the report is made in bad faith or with malice.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 37.158. VENUE. (a) In this section, "prosecuting attorney" means a county attorney, district attorney, or criminal district attorney.


(b) An offense under this subchapter may be prosecuted:


(1) in any county in which the offense may be prosecuted under other law; or


(2) if the consent required by Subsection (c) is provided, in a county, other than a county described by Subdivision (1), in which is located the educational institution campus at which a victim of the offense is enrolled.


(c) An offense under this subchapter may be prosecuted in a county described by Subsection (b)(2) only with the written consent of a prosecuting attorney of a county described by Subsection (b)(1) who has authority to prosecute an offense under this subchapter.


Added by Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38), Sec. 3, eff. September 1, 2019.


SUBCHAPTER G. TEXAS SCHOOL SAFETY CENTER



Sec. 37.201. DEFINITION. In this subchapter, "center" means the Texas School Safety Center.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Sec. 37.202. PURPOSE. The purpose of the center is to serve as:


(1) a central location for school safety and security information, including research, training, and technical assistance related to successful school safety and security programs;


(2) a central registry of persons providing school safety and security consulting services in the state; and


(3) a resource for the prevention of youth violence and the promotion of safety in the state.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.04, eff. September 1, 2009.


Sec. 37.203. BOARD.


(a) The center is advised by a board of directors composed of:


(1) the attorney general, or the attorney general's designee;


(2) the commissioner, or the commissioner's designee;


(3) the executive director of the Texas Juvenile Justice Department, or the executive director's designee;


(4) the commissioner of the Department of State Health Services, or the commissioner's designee;


(5) the commissioner of higher education, or the commissioner's designee; and


(6) the following members appointed by the governor with the advice and consent of the senate:


(A) a juvenile court judge;


(B) a member of a school district's board of trustees;


(C) an administrator of a public primary school;


(D) an administrator of a public secondary school;


(E) a member of the state parent-teacher association;


(F) a teacher from a public primary or secondary school;


(G) a public school superintendent who is a member of the Texas Association of School Administrators;


(H) a school district police officer or a peace officer whose primary duty consists of working in a public school;


(I) a professional architect who is registered in this state and a member of the Texas Society of Architects; and


(J) three members of the public.


(b) Members of the board appointed under Subsection (a)(6) serve staggered two-year terms, with the terms of the members described by Subsections (a)(6)(A)-(F) expiring on February 1 of each odd-numbered year and the terms of the members described by Subsections (a)(6)(G)-(J) expiring on February 1 of each even-numbered year. A member may serve more than one term.


(c) The board may form committees as necessary.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 2, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.03, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 4, eff. June 8, 2007.


Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 7.005, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.05, eff. September 1, 2009.


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.06, eff. September 1, 2009.


Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 35, eff. September 1, 2015.


Acts 2019, 86th Leg., R.S., Ch. 924 (H.B. 4342), Sec. 1, eff. September 1, 2019.


Sec. 37.204. OFFICERS; MEETINGS; COMPENSATION. (a) The board shall annually elect from among its members a chairperson and a vice chairperson.


(b) The board shall meet at least four times each year.


(c) A member of the board may not receive compensation but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the board as provided by the General Appropriations Act.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Sec. 37.205. SAFETY TRAINING PROGRAMS. The center shall conduct for school districts a safety training program that includes:


(1) development of a positive school environment and proactive safety measures designed to address local concerns;


(2) school safety courses for law enforcement officials, with a focus on school district police officers and school resource officers;


(3) discussion of school safety issues with parents and community members; and


(4) assistance in developing a multihazard emergency operations plan for adoption under Section 37.108.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 3, eff. September 1, 2005.


Sec. 37.207. MODEL SAFETY AND SECURITY AUDIT PROCEDURE. (a) The center shall develop a model safety and security audit procedure for use by school districts and public junior college districts that includes:


(1) providing each district with guidelines showing proper audit procedures;


(2) reviewing elements of each district audit and making recommendations for improvements in the state based on that review; and


(3) incorporating the findings of district audits in a statewide report on school safety and security made available by the center to the public.


(b) Each school district shall report the results of its audits to the center in the manner required by the center.


(c) In addition to a review of a district's multihazard emergency operations plan under Section 37.2071, the center may require a district to submit its plan for immediate review if the district's audit results indicate that the district is not complying with applicable standards.


(d) If a district fails to report the results of its audit as required under Subsection (b), the center shall provide the district with written notice that the district has failed to report its audit results and must immediately report the results to the center.


(e) If three months after the date of the initial notification required by Subsection (d) the district has still not reported the results of its audit to the center, the center shall notify the agency and the district of the district's requirement to conduct a public hearing under Section 37.1081. This subsection applies only to a school district.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.04, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.07, eff. September 1, 2009.


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 14, eff. June 6, 2019.


Acts 2021, 87th Leg., R.S., Ch. 928 (H.B. 3597), Sec. 4, eff. June 18, 2021.


Sec. 37.2071. DISTRICT MULTIHAZARD EMERGENCY OPERATIONS PLAN REVIEW AND VERIFICATION. (a) The center shall establish a random or need-based cycle for the center's review and verification of school district and public junior college district multihazard emergency operations plans adopted under Section 37.108. The cycle must provide for each district's plan to be reviewed at regular intervals as determined by the center.


(b) A school district or public junior college district shall submit its multihazard emergency operations plan to the center on request of the center and in accordance with the center's review cycle developed under Subsection (a).


(c) The center shall review each district's multihazard emergency operations plan submitted under Subsection (b) and:


(1) verify the plan meets the requirements of Section 37.108; or


(2) provide the district with written notice:


(A) describing the plan's deficiencies; and


(B) stating that the district must correct the deficiencies in its plan and resubmit the revised plan to the center.


(d) If a district fails to submit its multihazard emergency operations plan to the center for review, the center shall provide the district with written notice stating that the district:


(1) has failed to submit a plan; and


(2) must submit a plan to the center for review and verification.


(e) The center may approve a district multihazard emergency operations plan that has deficiencies if the district submits a revised plan that the center determines will correct the deficiencies.


(f) If three months after the date of initial notification of a plan's deficiencies under Subsection (c)(2) or failure to submit a plan under Subsection (d) a district has not corrected the plan deficiencies or has failed to submit a plan, the center shall provide written notice to the district and agency that the district has not complied with the requirements of this section and must comply immediately.


(g) If a school district still has not corrected the plan deficiencies or has failed to submit a plan six months after the date of initial notification under Subsection (c)(2) or (d), the center shall provide written notice to the school district stating that the district must hold a public hearing under Section 37.1081.


(h) If a school district has failed to submit a plan, the notice required by Subsection (g) must state that the commissioner is authorized to appoint a conservator under Section 37.1082.


(i) Any document or information collected, developed, or produced during the review and verification of multihazard emergency operations plans under this section is not subject to disclosure under Chapter 552, Government Code.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 15, eff. June 6, 2019.


Sec. 37.208. ON-SITE ASSISTANCE. On request of a school district, the center may provide on-site technical assistance to the district for:


(1) school safety and security audits; and


(2) school safety and security information and presentations.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 5, eff. September 1, 2005.


Sec. 37.209. CENTER WEBSITE. The center shall develop and maintain an interactive Internet website that includes:


(1) quarterly news updates related to school safety and security and violence prevention;


(2) school crime data;


(3) a schedule of training and special events; and


(4) a list of persons who provide school safety or security consulting services in this state and are registered in accordance with Section 37.2091.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.08, eff. September 1, 2009.


Sec. 37.2091. REGISTRY OF PERSONS PROVIDING SCHOOL SAFETY OR SECURITY CONSULTING SERVICES. (a) In this section, "school safety or security consulting services" includes any service provided to a school district, institution of higher education, district facility, or campus by a person consisting of advice, information, recommendations, data collection, or safety and security audit services relevant to school safety and security, regardless of whether the person is paid for those services.


(b) The center shall establish a registry of persons providing school safety or security consulting services in this state.


(c) Each person providing school safety or security consulting services in this state shall register with the center in accordance with requirements established by the center. The requirements must include provisions requiring a person registering with the center to provide information regarding:


(1) the person's background, education, and experience that are relevant to the person's ability to provide knowledgeable and effective school safety or security consulting services; and


(2) any complaints or pending litigation relating to the person's provision of school safety or security consulting services.


(d) The center shall verify the information provided by a person under Subsection (c) to confirm the person's qualifications and ability to provide school safety or security consulting services before adding the person to the registry.


(e) The center shall include information regarding the registry, including the number of persons registered and the general degree of school safety or security experience possessed by those persons, in the biennial report required by Section 37.216.


Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.09, eff. September 1, 2009.


Amended by:


Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 16, eff. June 6, 2019.


Sec. 37.211. RECOGNITION OF SCHOOLS. The center shall provide for the public recognition of schools that implement effective school safety measures and violence prevention.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Sec. 37.212. INTERAGENCY COOPERATION. The center shall promote cooperation between state agencies, institutions of higher education, and any local juvenile delinquency prevention councils to address discipline and safety issues in the state.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Sec. 37.2121. MEMORANDA OF UNDERSTANDING AND MUTUAL AID AGREEMENTS. (a) The center shall identify and inform school districts of the types of entities, including local and regional authorities, other school districts, and emergency first responders, with whom school districts should customarily make efforts to enter into memoranda of understanding or mutual aid agreements addressing issues that affect school safety and security.


(b) The center shall develop guidelines regarding memoranda of understanding and mutual aid agreements between school districts and the entities identified in accordance with Subsection (a). The guidelines:


(1) must include descriptions of the provisions that should customarily be included in each memorandum or agreement with a particular type of entity;


(2) may include sample language for those provisions; and


(3) must be consistent with the Texas Statewide Mutual Aid System established under Subchapter E-1, Chapter 418, Government Code.


(c) The center shall encourage school districts to enter into memoranda of understanding and mutual aid agreements with entities identified in accordance with Subsection (a) that comply with the guidelines developed under Subsection (b).


(d) Each school district that enters into a memorandum of understanding or mutual aid agreement addressing issues that affect school safety and security shall, at the center's request, provide a copy of the memorandum or agreement to the center.


(d-1) A copy of a memorandum of understanding or mutual aid agreement provided to the center under Subsection (d) is confidential and not subject to disclosure under Chapter 552, Government Code.


(e) The center shall include information regarding the center's efforts under this section in the report required by Section 37.216.


Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.09, eff. September 1, 2009.


Amended by:


Acts 2021, 87th Leg., R.S., Ch. 928 (H.B. 3597), Sec. 5, eff. June 18, 2021.


Sec. 37.213. PUBLIC JUNIOR COLLEGES. (a) In this section, "public junior college" has the meaning assigned by Section 61.003.


(b) The center shall research best practices regarding emergency preparedness of public junior colleges and serve as a clearinghouse for that information.


(c) The center shall provide public junior colleges with training, technical assistance, and published guidelines or templates, as appropriate, in the following areas:


(1) multihazard emergency operations plan development;


(2) drill and exercise development and implementation;


(3) mutual aid agreements;


(4) identification of equipment and funds that may be used by public junior colleges in an emergency; and


(5) reporting in accordance with 20 U.S.C. Section 1092(f).


Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.05, eff. September 1, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.10, eff. September 1, 2009.


Sec. 37.214. AUTHORITY TO ACCEPT CERTAIN FUNDS. The center may solicit and accept gifts, grants, and donations from public and private entities to use for the purposes of this subchapter.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Sec. 37.215. BUDGET. (a) The board shall annually approve a budget for the center.


(b) The center shall biannually prepare a budget request for submission to the legislature.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2005, 79th Leg., Ch. 780 (S.B. 11), Sec. 6, eff. September 1, 2005.


Sec. 37.216. BIENNIAL REPORT. (a) Not later than January 1 of each odd-numbered year, the board shall provide a report to the governor, the legislature, the State Board of Education, and the agency.


(b) The biennial report must include any findings made by the center regarding school safety and security and the center's functions, budget information, and strategic planning initiatives of the center.


Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.11, eff. September 1, 2009.


Sec. 37.2161. SCHOOL SAFETY AND SECURITY PROGRESS REPORT. (a) The center shall periodically provide a school safety and security progress report to the governor, the legislature, the State Board of Education, and the agency that contains current information regarding school safety and security in the school districts and public junior college districts of this state based on:


(1) elements of each district's multihazard emergency operations plan required by Section 37.108(a);


(2) elements of each district's safety and security audit required by Section 37.108(b); and


(3) any other report required to be submitted to the center.


(b) The center shall establish guidelines regarding the specific information to be included in the report required by this section.


(c) The center may provide the report required by this section in conjunction with the report required by Section 37.216.


Added by Acts 2009, 81st Leg., R.S., Ch. 1280 (H.B. 1831), Sec. 6.12, eff. September 1, 2009.


Sec. 37.217. COMMUNITY EDUCATION RELATING TO INTERNET SAFETY. (a) The center, in cooperation with the attorney general, shall develop a program that provides instruction concerning Internet safety, including instruction relating to:


(1) the potential dangers of allowing personal information to appear on an Internet website;


(2) the manner in which to report an inappropriate online solicitation; and


(3) the prevention, detection, and reporting of bullying or threats occurring over the Internet.


(b) In developing the program, the center shall:


(1) solicit input from interested stakeholders; and


(2) to the extent practicable, draw from existing resources and programs.


(c) The center shall make the program available to public schools.


Added by Acts 2007, 80th Leg., R.S., Ch. 343 (S.B. 136), Sec. 1, eff. June 15, 2007.


Sec. 37.218. PROGRAMS ON DANGERS OF STUDENTS SHARING VISUAL MATERIAL DEPICTING MINOR ENGAGED IN SEXUAL CONDUCT. (a) In this section:


(1) "Bullying" has the meaning assigned by Section 37.0832.


(2) "Cyberbullying" has the meaning assigned by Section 37.0832.


(3) "Harassment" has the meaning assigned by Section 37.001.


(4) "Sexual conduct" has the meaning assigned by Section 43.25, Penal Code.


(b) The center, in consultation with the office of the attorney general, shall develop programs for use by school districts that address:


(1) the possible legal consequences, including criminal penalties, of sharing visual material depicting a minor engaged in sexual conduct;


(2) other possible consequences of sharing visual material depicting a minor engaged in sexual conduct, including:


(A) negative effects on relationships;


(B) loss of educational and employment opportunities; and


(C) possible removal, if applicable, from certain school programs or extracurricular activities;


(3) the unique characteristics of the Internet and other communications networks that could affect visual material depicting a minor engaged in sexual conduct, including:


(A) search and replication capabilities; and


(B) a potentially worldwide audience;


(4) the prevention of, identification of, responses to, and reporting of incidents of bullying; and


(5) the connection between bullying, cyberbullying, harassment, and a minor sharing visual material depicting a minor engaged in sexual conduct.


(c) Each school district shall annually provide or make available information on the programs developed under Subsection (b) to parents and students in a grade level the district considers appropriate. Each district shall provide or make available the information by any means the district considers appropriate.


Added by Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 22, eff. September 1, 2011.


Amended by:


Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 5, eff. September 1, 2017.


Sec. 37.220. MODEL THREAT ASSESSMENT TEAM POLICIES AND PROCEDURES. (a) The center, in coordination with the agency, shall develop model policies and procedures to assist school districts in establishing and training threat assessment teams.


(b) The model policies and procedures developed under Subsection (a) must include procedures, when appropriate, for:


(1) the referral of a student to a local mental health authority or health care provider for evaluation or treatment;


(2) the referral of a student for a full individual and initial evaluation for special education services under Section 29.004; and


(3) a student or school personnel to anonymously report dangerous, violent, or unlawful activity that occurs or is threatened to occur on school property or that relates to a student or school personnel.


Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 17, eff. June 6, 2019.


SUBCHAPTER I. PLACEMENT OF REGISTERED SEX OFFENDERS



Sec. 37.301. DEFINITION. In this subchapter, "board of trustees" includes the board's designee.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.302. APPLICABILITY. This subchapter:


(1) applies to a student who is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; and


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.303. REMOVAL OF REGISTERED SEX OFFENDER FROM REGULAR CLASSROOM. Notwithstanding any provision of Subchapter A, on receiving notice under Article 15.27, Code of Criminal Procedure, or Chapter 62, Code of Criminal Procedure, that a student is required to register as a sex offender under that chapter, a school district shall remove the student from the regular classroom and determine the appropriate placement of the student in the manner provided by this subchapter.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.304. PLACEMENT OF REGISTERED SEX OFFENDER WHO IS UNDER COURT SUPERVISION. (a) A school district shall place a student to whom this subchapter applies and who is under any form of court supervision, including probation, community supervision, or parole, in the appropriate alternative education program as provided by Section 37.309 for at least one semester.


(b) If a student transfers to another school district during the student's mandatory placement in an alternative education program under Subsection (a), the district to which the student transfers may:


(1) require the student to complete an additional semester in the appropriate alternative education program without conducting a review of the student's placement for that semester under Section 37.306; or


(2) count any time spent by the student in an alternative education program in the district from which the student transfers toward the mandatory placement requirement under Subsection (a).


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.305. PLACEMENT OF REGISTERED SEX OFFENDER WHO IS NOT UNDER COURT SUPERVISION. A school district may place a student to whom this subchapter applies and who is not under any form of court supervision in the appropriate alternative education program as provided by Section 37.309 for one semester or in the regular classroom. The district may not place the student in the regular classroom if the district board of trustees determines that the student's presence in the regular classroom:


(1) threatens the safety of other students or teachers;


(2) will be detrimental to the educational process; or


(3) is not in the best interests of the district's students.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.306. REVIEW OF PLACEMENT IN ALTERNATIVE EDUCATION PROGRAM. (a) At the end of the first semester of a student's placement in an alternative education program under Section 37.304 or 37.305, the school district board of trustees shall convene a committee to review the student's placement in the alternative education program. The committee must be composed of:


(1) a classroom teacher from the campus to which the student would be assigned were the student not placed in an alternative education program;


(2) the student's parole or probation officer or, in the case of a student who does not have a parole or probation officer, a representative of the local juvenile probation department;


(3) an instructor from the alternative education program to which the student is assigned;


(4) a school district designee selected by the board of trustees; and


(5) a school counselor employed by the school district.


(b) The committee by majority vote shall determine and recommend to the school district board of trustees whether the student should be returned to the regular classroom or remain in the alternative education program.


(c) If the committee recommends that the student be returned to the regular classroom, the board of trustees shall return the student to the regular classroom unless the board determines that the student's presence in the regular classroom:


(1) threatens the safety of other students or teachers;


(2) will be detrimental to the educational process; or


(3) is not in the best interests of the district's students.


(d) If the committee recommends that the student remain in the alternative education program, the board of trustees shall continue the student's placement in the alternative education program unless the board determines that the student's presence in the regular classroom:


(1) does not threaten the safety of other students or teachers;


(2) will not be detrimental to the educational process; and


(3) is not contrary to the best interests of the district's students.


(e) If, after receiving a recommendation under Subsection (b), the school district board of trustees determines that the student should remain in an alternative education program, the board shall before the beginning of each school year convene the committee described by Subsection (a) to review, in the manner provided by Subsections (b), (c), and (d), the student's placement in an alternative education program.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 33, eff. June 14, 2013.


Sec. 37.307. PLACEMENT AND REVIEW OF STUDENT WITH DISABILITY. (a) The placement under this subchapter of a student with a disability who receives special education services must be made in compliance with the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).


(b) The review under Section 37.306 of the placement of a student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal committee. The admission, review, and dismissal committee may request that the board of trustees convene a committee described by Section 37.306(a) to assist the admission, review, and dismissal committee in conducting the review.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.309. PLACEMENT IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM OR JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. (a) Except as provided by Subsection (b), a school district shall place a student who is required by the board of trustees to attend an alternative education program under this subchapter in a disciplinary alternative education program.


(b) A school district shall place a student who is required by the board of trustees to attend an alternative education program under this subchapter in a juvenile justice alternative education program if:


(1) the memorandum of understanding entered into between the school district and juvenile board under Section 37.011(k) provides for the placement of students to whom this subchapter applies in the juvenile justice alternative education program; or


(2) a court orders the placement of the student in a juvenile justice alternative education program.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.310. FUNDING FOR REGISTERED SEX OFFENDER PLACED IN JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice alternative education program is entitled to funding for a student who is placed in the program under this subchapter in the same manner as a juvenile justice alternative education program is entitled to funding under Section 37.012 for a student who is expelled and placed in a juvenile justice alternative education program for conduct for which expulsion is permitted but not required under Section 37.007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.311. CONFERENCE. (a) A student or the student's parent or guardian may appeal a decision by a school district board of trustees to place the student in an alternative education program under this subchapter by requesting a conference among the board of trustees, the student's parent or guardian, and the student. The conference is limited to the factual question of whether the student is required to register as a sex offender under Chapter 62, Code of Criminal Procedure.


(b) If the school district board of trustees determines at the conclusion of the conference that the student is required to register as a sex offender under Chapter 62, Code of Criminal Procedure, the student is subject to placement in an alternative education program in the manner provided by this subchapter.


(c) A decision by the board of trustees under this section is final and may not be appealed.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.312. LIABILITY. This subchapter does not:


(1) waive any liability or immunity of a governmental entity or its officers or employees; or


(2) create any liability for or a cause of action against a governmental entity or its officers or employees.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.


Sec. 37.313. CONFLICTS OF LAW. To the extent of any conflict between a provision of this subchapter and a provision of Subchapter A, this subchapter prevails.


Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June 15, 2007.


Added by Acts 2007, 80th Leg., R.S., Ch. 1291 (S.B. 6), Sec. 3, eff. September 1, 2007.

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EDUCATION CODE CHAPTER 37. DISCIPLINE; LAW AND ORDER

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EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE G. SAFE SCHOOLS CHAPTER 37. DISCIPLINE; LAW AND ORDER SUBCHAPTER A. ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT Sec. 37.001. STUDENT CODE OF CONDUCT. (a) The board of trustees of an independent school district shall, with the advice of its district-level committee established under Subchapter F, Chapter 11, adopt a student code of conduct for the district.

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While there is not a specific federal law that mandates or governs DAEP placement, multiple laws at the federal level have been enacted to protect student rights within these discipline placements.

Individuals with Disability Education Act (IDEA) (Individuals with Disability Education Act, 2004).

Mandates a Manifestation Determination Review (MDR) to determine if the behavior is a manifestation of the student's disability.

Section 504 of the Rehabilitation Act of 1973 (Rehabilitation Act of 1973, 1973).

Students with a current 504 must be provided with a 504 evaluation to determine if the behavior is a manifestation of the student's disability.

Title Vl: Civil Rights Act of 1964 (Civil Rights Act of 1964, 1964).

Prevents racial discrimination in disciplinary actions, including DAEP placements.

Title IX of the Education Amendments of 1972 (Education Amendments of 1972, 1972).

This amendment prevents the sex-based discrimination in all disciplinary action, including DAEP placements.

Every Student Succeeds Act (ESSA) (Every Student Succeeds Act, 2015).

This act mandates positive behavioral interventions and requires school districts to track, record, and report disciplinary actions, including DAEP placements.

State law provides a framework for mandatory DAEP placement and discretionary DAEP placement, as well as the requirements that DAEP must include, along with special considerations for students with disabilities.

Texas Education Code § 37.006 (Texas Education Code, 2023, Texas Education Code, § 37.008 (2023).

Mandatory DAEP placements

Texas Education Code § 37.0081 (Texas Education Code, 2023, § 37.0081).

Discretionary DAEP placements

Texas Education Code § 37.008 (Texas Education Code, 2023, § 37.008).

DAEP requirements

Texas Education Code § 37.004 (Texas Education Code, 2023, § 37.004).

Considerations for students with disabilities

References:

Texas Education Code, § 37.006 (2023).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Education Code, § 37.0081 (2023).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Education Code, § 37.008 (2023).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Texas Education Code, § 37.004 (2023).

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm

Individuals with Disabilities Education Act, 20 U.S.C. § 1400

(2004). https://sites.ed.gov/idea/

Rehabilitation Act of 1973, 29 U.S.C. § 794 (1973).

https://www.govinfo.gov/content/pkg/USCODE-2010-

title29/html/USCODE-2010-title29-chap16-subchapV-

sec794.htm

Civil Rights Act of 1964, 42 U.S.C. § 2000d (1964).

https://www.govinfo.gov/content/pkg/STATUTE-

78/pdf/STATUTE-78-Pg241.pdf

Education Amendments of 1972, 20 U.S.C. § 1681 (1972).

https://www.govinfo.gov/content/pkg/USCODE-2010-

title20/html/USCODE-2010-title20-chap38-sec1681.htm

Education Amendments of 1972, 20 U.S.C. § 1681 (1972).

https://www.govinfo.gov/content/pkg/USCODE-2010-

title20/html/USCODE-2010-title20-chap38-sec1681.htm