Chapter 37

88th Legislator Updates

HB 3928 – Texas Education Code (TEC), §37.006(p):  On the placement of a student in a district alternative education program (DAEP), the school district must provide information to the student's parent/guardian regarding the process for requesting a full individual and initial evaluation of the student for purposes of special education services under TEC, §29.004. This information must also be included in the student’s required personalized transition plan under TEC, §37.023 when returning to the regular education setting from DAEP or a Juvenile Justice Alternative Education Program (JJAEP). 

• HB 567 - TEC, §25.902: Prohibits any school district’s student dress or grooming policy, including a student dress or grooming policy for any extracurricular activity, from discriminating against a hair texture or protective hairstyle commonly or historically associated with race. A protective hairstyle includes braids, locks, and twists.
   

• HB 3 - TEC, §25.002(a)(2): If a parent/guardian enrolls a child into a public school, the parent/guardian or the school district in which the child most recently attended school must furnish to the school district a copy of the child's records from the school the child’s most recently attended a copy of the child's disciplinary record and any threat assessment involving the child's behavior conducted under TEC, §37.115.
   

• HB 114 – TEC, §37.006(a)(2)(C-1),(C-2), (D), Subject to the requirements of TEC, §37.009(a), a student must be removed from class and placed in a DAEP, if the student is observed on or within 300 feet of school property, or while attending a school-sponsored or school-related activity on or off school property:
  • (C-1) possessing, using, being under the influence, selling, giving, or delivering to another person marijuana or tetrahydrocannabinol (THC); 

  • (C-2) possessing, using, selling, giving, or delivering to another person  an e-cigarette;

  • (D) possessing, using, selling, giving, being under the influence, or delivering to another person an alcoholic beverage, or while under the influence of an alcoholic beverage commits a serious act or offense.  * A felony alcohol offense, as stated under 

  • (a-1) If a DAEP is at capacity at the time a campus behavior coordinator is deciding placement for a student who engaged in conduct described under TEC, §37.006(a)(2)(C-1), (C-2), (D), or (E), the student must be

    • (1)  placed in in-school suspension (ISS); and
    • (2) If a position becomes available in the DAEP before the expiration of the period of the placement, the student must be returned to the DAEP for the remainder of the period.
       
• HB 114 – TEC, §37.009(a-2):
  • (a-2)  If a DAEP is at capacity at the time, a campus behavior coordinator is deciding placement for a student who engaged in conduct described under TEC, §37.007, that constitutes violent conduct, a student who has been placed in the program for conduct described under TEC, §37.006(a)(2)(C-1), (C-2), (D), or (E):
    • (1)  may be removed from the program and placed in (ISS) to make a position in the program available for the student  who engaged in violent conduct; and
    • (2)  if removed from the program under Subdivision (1) and a position in the DAEP becomes available before the expiration of the period of the placement, the student must be returned to the DAEP for the remainder of the period.

School Discipline and School Safety Resources

TEA Student Discipline

Texas public schools are required to develop and enforce various student discipline policies that follow the Texas Education Code and Federal law.  These policies include a student code of conduct outlining disciplinary actions taken based on student behavior.  The Texas Education Agency's (TEA) Student Discipline Program provides guidance to local education agencies (LEAs) and regional education service centers (ESCs) on these disciplinary policies, procedures, and discipline data reporting requirements.

U.S. Department of Education Links

The links listed below contain information relating to student discipline from the U.S. Department of Education:

Office of Safe and Healthy Students
The Office of Safe and Healthy Students replaced the Office of Safe and Drug-Free Schools effective Sept. 26, 2011. It is housed within the Office of Elementary and Secondary Education. The office administers, coordinates, and recommends policies for improving health and safety in schools.

Office of Civil Rights
OCR enforces several Federal civil rights laws that prohibit discrimination in programs or activities that receive Federal funds from the Department of Education. 

Texas Education Agency Links

The links listed below contain information relating to student discipline from the Texas Education Agency:

PEIMS: Discipline Data 
This resource includes questions and answers, disciplinary action reason codes and definitions, and the chart for determining mandatory and discretionary DAEP placements and expulsions. 

Student Attendance Handbook
Chapter 10 of the handbook addresses nontraditional schools, including alternative education programs, juvenile justice alternative education programs, suspension, and expulsion.

Dropout Prevention Information
The link above contains information, statistics, and resources about Texas dropout rates, policies, and programs.

Quick Links

• PEIMS Discipline Data - Questions and Answers
• Chapter 37-Safe Schools Resources | Texas Education Agency
• Chapter 37 Discipline Chart July 2023 
• Discipline Data Validation Manual-List of Discipline Data Validation Indicators
• PEIMS Discipline Data Chart
• 88th Legislation and Chapter 37 Updated
• HB 1952
• "David's Law" SB 179
• Texas State: Texas School Safety Center