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Texas Compilation of School Discipline Laws and Regulations

Texas Compilation of School Discipline Laws and Regulations Prepared: March 31, 2021 Introduction This Compilation presents School Discipline -related laws and Regulations for states, territories, and the District of Columbia, and, where available, links to education agency websites or resources related to School Discipline and student conduct. The Discipline laws and Regulations presented in this Compilation have been categorized by type of specific Discipline issue covered, according to an organizational framework developed by the National Center for Safe and Supportive Learning Environments (NCSSLE). For example, one major category encompasses all laws or Regulations governing states or territories that mandate specific disciplinary sanctions (such as suspension) for specific offenses (such as drug possession on School grounds). The School Discipline laws and Regulations were compiled through exhaustive searches of legislative websites that identified all laws and Regulations relevant to each specific category.

Subchapter J. Parent and Educator Reports § 39.306. Performance report Subchapter K. Reports by Texas Education Agency § 39.332. Comprehensive biennial report Subtitle I. School Finance and Fiscal Management Chapter 42. Foundation School Program Subchapter C. Special Allotments § 42.168. School safety allotment Health and Safety Code Title 12.

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Transcription of Texas Compilation of School Discipline Laws and Regulations

1 Texas Compilation of School Discipline Laws and Regulations Prepared: March 31, 2021 Introduction This Compilation presents School Discipline -related laws and Regulations for states, territories, and the District of Columbia, and, where available, links to education agency websites or resources related to School Discipline and student conduct. The Discipline laws and Regulations presented in this Compilation have been categorized by type of specific Discipline issue covered, according to an organizational framework developed by the National Center for Safe and Supportive Learning Environments (NCSSLE). For example, one major category encompasses all laws or Regulations governing states or territories that mandate specific disciplinary sanctions (such as suspension) for specific offenses (such as drug possession on School grounds). The School Discipline laws and Regulations were compiled through exhaustive searches of legislative websites that identified all laws and Regulations relevant to each specific category.

2 Compiled materials were subsequently reviewed by state education agency (SEA) representatives in the 50 states, Washington , and the territories. Discipline categories were not mutually exclusive. Laws and Regulations often appeared across multiple categories. For jurisdictions with more extensive laws covering a breadth of topical areas, relevant sections were excerpted from the larger legislative text for inclusion in the appropriate Discipline category. Laws, ordered by chapter and section number, appear first within each category followed by Regulations . All laws and Regulations listed within categories in the Compilation also appear in the sources cited section of the document, which lists laws by chapter and section number and title, and where available, includes active hyperlinks to source websites supported or maintained by state legislatures. Additional links to government websites or resources are provided at the end of this document.

3 Notes & Disclaimers To the best of the preparer s knowledge, this Compilation of School Discipline Laws and Regulations is complete and current as of March 2021. Readers should also note that the information in this document was compiled from individual sources that are created by each jurisdiction and which are maintained and updated with varying frequencies. Readers should consult the source information provided directly in order to check for updates to laws and Regulations reported in this document or to conduct further research. For further information, including definitions of the different policy categories, please refer to the Discipline Laws and Regulations Compendium posted on the Center s website. Prepared by: Child Trends 7315 Wisconsin Avenue Suite 1200W Bethesda, Maryland 20814 EMT Associates, Inc. 1631 Creekside Drive Suite 100 Folsom, California 95630 Table of Contents Texas State Codes Cited.

4 1 Codes of Conduct .. 8 Authority to Develop and Establish Codes of Conduct .. 8 Scope .. 9 Communication of Policy .. 10 In- School Discipline .. 11 Discipline Frameworks .. 11 Teacher Authority to Remove Students From Classrooms .. 11 Alternatives to Suspension .. 12 Conditions on Use of Certain Forms of 15 Corporal Punishment .. 15 Search and Seizure .. 16 Restraint and Seclusion .. 16 Exclusionary Discipline : Suspension, Expulsion, and Alternative Placement .. 23 Grounds for Suspension or Expulsion .. 23 Limitations or Conditions on Exclusionary Discipline .. 30 Due 33 Return to School Following Removal .. 37 Alternative Placements .. 40 Discipline Addressing Specific Code of Conduct Violations .. 63 Firearms and Other Weapons Violations .. 63 Students with Chronic Disciplinary Issues .. 66 Chronic Absenteeism and Truancy .. 66 Substance Use .. 72 Gang-related Activity .. 77 Bullying, Harassment, or Hazing.

5 78 Dating and Relationship Violence .. 88 Prevention, Behavioral Intervention, and Supports .. 90 State Model Policies and Implementation Support .. 90 Multi-tiered Frameworks and Systems of 100 Prevention .. 103 Social-emotional Learning (SEL).. 108 Trauma-informed Practices .. 110 Mental Health Literacy 114 School -based Behavioral Health Programs .. 120 Monitoring and Accountability .. 129 Formal Incident Reporting of Conduct Violations .. 129 Parental Notification .. 131 Data Collection, Review, and Reporting of Discipline Policies and Actions .. 136 Partnerships between Schools and Law Enforcement .. 145 Referrals to Law Enforcement .. 145 School Resource Officer (SRO) or School Security Officer (SSO) Training or Certification .. 147 Authorizations, Memoranda of Understanding (MOUs), and/or Funding .. 150 Threat Assessment Protocols .. 154 State-Sponsored, Publicly Available Websites or Other Resources on School Discipline .

6 159 Texas Compilation of School Discipline Laws and Regulations Page 1 Texas State Codes Cited Texas Revised Statutes Civil Practice and Remedies Code Title 6. Miscellaneous Provisions Chapter 129A. Relief for Cyberbullying of Child Definition Injunctive relief Promulgation of forms Inapplicability Certain conduct excepted Code of Criminal Procedure Title 1. Code of Criminal Procedure Chapter 2. General Duties of Officers School marshals Chapter 15. Arrest Under Warrant Notification to schools required Education Code Title 2. Public Education Subtitle B. State and Regional Organization and Governance Chapter 8. Regional education Service Centers Subchapter E. Mental Health and Substance Use Resources For School District Personnel Regional education service center property Subtitle C. Local Organizations and Governance Chapter 11. School Districts Subchapter F.

7 District-Level and Decision Making District-level planning and decision-making Subtitle D. educators and School District Employees and Volunteers Chapter 21. educators Subchapter A. General Provisions Educator preparation Continuing education Subchapter J. Staff Development Staff development requirements Texas Compilation of School Discipline Laws and Regulations Page 2 Resources regarding students with mental health or substance abuse conditions Chapter 22. School District Employees and Volunteers Subchapter B. Civil Immunity Immunity from disciplinary proceedings for professional employees Subtitle E. Students and Parents Chapter 25. Admission, Transfer, and Attendance Subchapter B. Assignments and Transfers Transfer of students who are victims of or have engaged in bullying Subchapter C. Operation of Schools and School Attendance Compulsory School attendance Powers and duties of peace officers and other attendance officers Truancy prevention measures Warning notices School district complaint or referral for failure to attend School Subtitle F.

8 Curriculum, Programs, and Services Chapter 28. Courses of Study; Advancement Subchapter A. Essential Knowledge and Skills; Curriculum Required curriculum Local School health advisory council and health education instruction Chapter 29. Educational Programs Subchapter A. Special Education Program Video surveillance of special education settings Subchapter C. Compensatory Education Programs Compensatory, intensive, and accelerated instruction Subchapter Z. Miscellaneous Programs Character traits instruction Chapter 30. State and Regional Programs and Services Subchapter E. Texas Juvenile Justice Department Facilities Reading and behavior plan Chapter 33. Service Programs and Extracurricular Activities Subchapter A. School Counselors and Counseling Programs School counselors; General duties Texas Compilation of School Discipline Laws and Regulations Page 3 Subtitle G.

9 Safe Schools Chapter 37. Discipline ; Law and Order Subchapter A. Alternative Settings for Behavior Management Student code of conduct Use of corporal punishment Designation of campus behavior coordinator Positive behavior program Removal by teacher Use of confinement, restraint, seclusion, and time-out Prohibited aversive techniques Placement review committee Suspension Placement of students committing sexual assault against another student Placement or expulsion of students who have engaged in certain bullying behavior Removal for certain conduct Funding for alternative education services in juvenile residential facilities Instructional requirements for alternative education services in juvenile residential facilities Expulsion for serious offenses Disciplinary alternative education programs Expulsion and placement of certain students in alternative settings Assessment of academic growth of students in disciplinary alternative education programs Conference; hearing.

10 Review Notice to noncustodial parent Court involvement Juvenile justice alternative education program Funding of juvenile justice alternative education programs Coordination between School districts and juvenile boards Reports to local law enforcement; liability Reports to local law enforcement regarding certain conduct constituting assault or harassment; liability Report of drug offenses; liability Professional development regarding disciplinary procedures Emergency placement or expulsion Reports relating to out-of- School suspensions, expulsions, and disciplinary alternative education program placements Opportunity to complete courses during in- School and certain other placements Notice of disciplinary action Transition from alternative education program to regular classroom Subchapter B. School -Community Guidance Centers Parental notice, consent, and access to information Parental involvement Court supervision Texas Compilation of School Discipline Laws and Regulations Page 4 Subchapter C.


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