August 8, 2019
Legislation on Student Discipline Under Chapter 37
Update local student
code of conduct and procedures
The Texas Education Agency (TEA) would like to inform local
education agencies of the effects of legislation from the 86th
Legislative Session that will impact the local disciplinary code of conduct beginning
with the 2019-2020 school year. The following new and amended statutory
provisions may require amendments to the local student code of conduct to
reflect the new requirements under TEC Chapter 37.
House Bill 692:
§37.005 is amended to prohibit the out-of-school
suspension of homeless students unless the student engages in certain behaviors
defined by TEC §37.005(c)(1)-(3) while on school property or while attending a
school-sponsored or school-related activity on or off school property.
§37.001(a)(4) is amended to add two new conditions that must be considered to
determine what is in the best interest of the student before ordering a
suspension, removal to a disciplinary alternative education program (DAEP),
expulsion, or placement in a juvenile justice alternative education program (JJAEP):
(E) a student's
status in the conservatorship of the Department of Family and Protective
(F) a student's
status as a student who is homeless.
§37.023 is added to require a transition plan for students being released from
a DAEP, JJAEP, or a juvenile detention center.
Schools must create a personalized transition plan developed by the
campus administrator and other specified persons.
§37.005 is amended by to add Subsection (e) to require a school district to
provide an alternative means of receiving all course work provided in the
classes in the foundation curriculum that the student misses as a result of an
in-school or out-of-school suspension.
§37.011(b) is amended to include the conduct that contains the elements of the
offense of a terroristic threat as described by Penal Code 22.07(c-1), (d),
or (e), as a reason that a student must be served academically by a JJAEP during
the term of the removal.
§26.015 is added to require a school district to post on the district's
Internet website, for each district campus, the designated person, e-mail
address and dedicated telephone number of the:
(1) the campus behavior coordinator under TEC §37.0012; or
the district has been approved as a district of innovation under TEC Chapter
12A and is exempt from the requirement to designate a campus behavior
coordinator under TEC §37.0012 under the district's local innovation plan, the campus
administrator designated as being responsible for student discipline.
§37.081(d) is amended to require the duties for school district peace officers,
school resource officers, and security personnel be included in:
(1) the district improvement plan under TEC §11.252;
(2) the local student code of conduct adopted under TEC §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.
§37.006(e), is amended to specify that in determining whether there is a
reasonable belief 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 (related to notification to schools by law enforcement agencies
of the arrest or referral of children), Code of Criminal Procedure, and upon
request, the information included in new TEC §37.006(k-1).
(k-1) In addition to the information provided
under Subsection (k), the law enforcement agency shall provide to the
superintendent or superintendent’s designee information relating to the student
that is requested for the purpose of conducting a threat assessment or
preparing a safety plan relating to that student. A school board may enter into
a memorandum of understanding with a law enforcement agency regarding the
exchange of information relevant to conducting a threat assessment or preparing
a safety plan. Absent a memorandum of understanding, the information requested
by the superintendent or the superintendent’s designee shall be considered
§37.006(a)(2) is amended to add new reasons for which a student must be placed
in a DAEP. A student who engages in
conduct that contains the elements of the offense of harassment under Texas
Penal Code §42.07(a)(1), (2), (3), or (7) against an employee of the school
district must be placed in a DAEP.
Code §42.07(a). A person commits an offense if, with intent to harass, annoy, alarm,
abuse, torment, or embarrass another, the person:
(1) initiates communication and in the course of
the communication makes a comment, request, suggestion, or proposal that is
(2) threatens, in a manner reasonably likely to
alarm the person receiving the threat, to inflict bodily injury on the person
or to commit a felony against the person, a member of the person's family or
household, or the person's property;
(3) conveys, in a manner reasonably likely to
alarm the person receiving the report, a false report, which is known by the
conveyor to be false, that another person has suffered death or serious bodily
(7) sends repeated electronic communications in a
manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or
Contact for Further
you have questions or comments related to discipline, they
may be submitted to StudentDisciplineSupport@tea.texas.gov .