School Discipline Laws & Regulations by State & Category

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Statesort descending Statute
Texas

LAWS

§ 37.020. Reports relating to 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) For each placement in a Junior Reserve Officers' Training Corps program under Subchapter A-1, 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 placement in a disciplinary alternative education program or juvenile justice alternative education program is otherwise required or permitted by this subchapter; or

(C) Conduct occurring while a student was enrolled in another district and for which placement in a Junior Reserve Officers' Training Corps program is permitted by Section 37.038;

(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;

(4) The number of placements that were inconsistent with the guidelines included in the student code of conduct under Section 37.033(a)(4);

(5) Information regarding the academic performance of the student on assessment instruments required under Section 39.023, as applicable, during the year preceding, during the year of, and during the year following placement in the program, to the extent available; and

(6) Information indicating whether the student dropped out of school, to the extent available.

(e) Subsection (d) and this subsection expire September 1, 2019.

§ 39.306. Performance report.

(a) Each board of trustees shall publish an annual report describing the educational performance of the district and of each campus in the district that includes uniform student performance and descriptive information as determined under rules adopted by the commissioner. The annual report must also include:

(1) Campus performance objectives established under Section 11.253 and the progress of each campus toward those objectives, which shall be available to the public;

(2) Information indicating the district's accreditation status and identifying each district campus awarded a distinction designation under Subchapter G or considered an unacceptable campus under Chapter 39A;

(3) The district's current special education compliance status with the agency;

(4) A statement of the number, rate, and type of violent or criminal incidents that occurred on each district campus, to the extent permitted under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g);

(5) Information concerning school violence prevention and violence intervention policies and procedures that the district is using to protect students;

(6) The findings that result from evaluations conducted under the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C. Section 7101 et seq.); and

(7) Information received under Section 51.403(e) for each high school campus in the district, presented in a form determined by the commissioner.

(b) Supplemental information to be included in the reports shall be determined by the board of trustees. Performance information in the annual reports on the indicators described by Sections 39.053 and 39.301 and descriptive information required by this section shall be provided by the agency.

(c) The board of trustees shall hold a hearing for public discussion of the report. The board of trustees shall give notice of the hearing to property owners in the district and parents of and other persons standing in parental relation to a district student. The notification must include notice to a newspaper of general circulation in the district and notice to electronic media serving the district. After the hearing the report shall be widely disseminated within the district in a manner to be determined under rules adopted by the commissioner.

(d) The report must also include a comparison provided by the agency of:

(1) The performance of each campus to its previous performance and to state-established standards; and

(2) The performance of each district to its previous performance and to state-established standards.

(d-1) The report must also include the number of school counselors providing counseling services at each campus.

(e) The report may include the following information:

(1) Student information, including total enrollment, enrollment by ethnicity, socioeconomic status, and grade groupings and retention rates;

(2) Financial information, including revenues and expenditures;

(3) Staff information, including number and type of staff by sex, ethnicity, years of experience, and highest degree held, teacher and administrator salaries, and teacher turnover;

(4) Program information, including student enrollment by program, teachers by program, and instructional operating expenditures by program; and

(5) The number of students placed in a disciplinary alternative education program under Chapter 37.

(f) The commissioner by rule shall authorize the combination of this report with other reports and financial statements and shall restrict the number and length of reports that school districts, school district employees, and school campuses are required to prepare.

(g) The report must include a statement of the amount, if any, of the school district's unencumbered surplus fund balance as of the last day of the preceding fiscal year and the percentage of the preceding year's budget that the surplus represents.

REGULATIONS

19 TAC § 89.1053. Procedures for use of restraint and time-out.

(e) Documentation and notification on use of restraint. In a case in which restraint is used, school employees, volunteers, or independent contractors must implement the following documentation requirements.

(1) On the day restraint is utilized, the campus administrator or designee must be notified verbally or in writing regarding the use of restraint.

(2) On the day restraint is utilized, a good faith effort must be made to verbally notify the parent(s) regarding the use of restraint.

(3) Written notification of the use of restraint must be placed in the mail or otherwise provided to the parent within one school day of the use of restraint.

(4) Written documentation regarding the use of restraint must be placed in the student's special education eligibility folder in a timely manner so the information is available to the admission, review, and dismissal (ARD) committee when it considers the impact of the student's behavior on the student's learning and/or the creation or revision of a behavioral intervention plan (BIP).

(5) Written notification to the parent(s) and documentation to the student's special education eligibility folder must include the following:

(A) Name of the student;

(B) Name of the staff member(s) administering the restraint;

(C) Date of the restraint and the time the restraint began and ended;

(D) Location of the restraint;

(E) Nature of the restraint;

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

(G) The behavior that prompted the restraint;

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

(I) Information documenting parent contact and notification.

(i) Documentation on use of time-out. Necessary documentation or data collection regarding the use of time-out, if any, must be addressed in the IEP or BIP. The ARD committee must use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use.

(k) Data reporting. With the exception of actions covered by subsection (f) of this section, data regarding the use of restraint must be electronically reported to the Texas Education Agency (TEA) in accordance with reporting standards specified by the TEA.

19 TAC § 100.1211. Students.

(c) Notice of expulsion or withdrawal. A charter holder shall notify the school district in which the student resides within three business days of any action expelling or withdrawing a student from the charter school.