School Discipline Laws & Regulations by State & Category

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Statesort descending Statute
Texas

LAWS

§ 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.

§ 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.

§ 37.007. Expulsion for serious offenses.

(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 Cod

(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.

(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.

(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.

§ 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 [...]

§ 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.

REGULATIONS

No relevant regulations found.