Bullying means a “single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct that:

1. Has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property;
2. Is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student;
3. Materially and substantially disrupts the educational process or the orderly operation of a classroom; or
4. Infringes on the rights of a victim at a school.”

Bullying includes cyberbullying.

Cyberbullying means “bullying that is done through the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text, a social media application, and internet website, or any other internet-based communication tool.”

The bullying provisions in the Texas Education Code apply to:

1. Bullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property;
2. Bullying that occurs on publicly or privately-owned school bus or vehicle being used for the transportation of students to or from school or school-sponsored or school-related activity; and
3. Cyberbullying that occurs (on or off) school property or outside of a school-sponsored or school-related activity if the cyberbullying:
   1. Interferes with a student’s educational opportunities; or
   2. Substantially disrupts the orderly operation of a classroom, school, or school-sponsored or school-related activity.

A student may be removed from class and placed in a disciplinary alternative education program 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 as defined in the Civil Practices and Remedies Code §98B.001 of a minor or a student who is 18 years of age or older without the student’s consent. Additionally, the school can report a finding of intimate visual material of a minor to authorities.

Section 37.0832 of the Education Code requires that each school district adopt a policy, including any necessary procedures, concerning bullying that:

1. Prohibits bullying of a student;
2. Prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying;
3. Establishes a procedure for providing notice of an incident of bullying to a parent or guardian of the alleged victim on or before the third business day after the date the incident is reported and to a parent or guardian of the alleged bully within a reasonable amount of time after the incident;
4. Establishes the actions a student should take to obtain assistance and intervention in response to bullying;
5. Sets out the available counseling options for a student who is a victim of or a witness to bullying;
6. Establishes procedures for reporting an incident of bullying, including procedures for a student to anonymously report an incident of bullying, and investigating a reported incident of bullying;
7. Prohibits the imposition of a disciplinary measure on a student who, after an investigation, is found to be a victim of bullying on the basis of that student’s use of reasonable self-defense in response to the bullying;
8. Requires that the discipline for bullying of a student with disabilities comply with applicable requirements under federal law, including individuals with Disabilities Education Act.

Further, each school district may establish a district-wide policy to assist in the prevention and mediation of bullying incidents between students that interfere with a student’s educational opportunities or substantially disrupt the orderly operation of a classroom, school, or school-sponsored or school-related activity.

A principal of a public primary or secondary school, or a person designated by the principal, may make a report to any school district police department if applicable, or the police department of the town in which the school is located, or if the school isn’t in a municipality, the sheriff of the county in which the school is located if, after an investigation is completed, the principal has reasonable grounds to believe that student engaged in conduct that intentionally, knowingly, or recklessly causes bodily injury to another, intentionally or knowingly threatens another with imminent bodily injury, intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the content as offensive or provocative, with intent to harass, annoy, alarm, abuse, torment or embarrass another, or the student sends repeated electronic communications in a manner reasonably likely to harass annoy, alarm, abuse, torment, embarrass or offend another. A person who makes a report may include the name and address of each student the principal or his or her designee believes may have participated in the conduct. The individual designated by a principal must be an employee of the school and cannot be a school counselor. A person who takes any action under §37.015 is immune from civil or criminal liability or disciplinary action resulting from that action. A school district, school personnel, and school volunteers are immune from suit resulting from an act under §37.015, including an act under related policies and procedures. An act under §37.015, including an act under related policies and procedures, by school personnel or a school volunteer, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered a ministerial act for purposes of liability of the school district.

On the request of a parent of other person with authority to act on behalf of the student who is a victim of bullying, the board of trustees of a school district or the board’s designed shall transfer the victim to (1) another classroom at the campus to which the victim was assigned at the time the bullying occurred or (2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred.

The board of trustees of a school district may transfer the student who engaged in the bullying to (1) another classroom at the campus to which the victim was assigned at the time the bullying occurred or (2) a campus in the school district other than the campus to which the victim was assigned at the time the bullying occurred.

The board of trustees or the board’s designees shall verify that a student has been a victim of bullying before transferring a student.  They may consider past student behavior when identifying a bully.  The determination of the board of trustee’s or the boards designee is final and may not be appealed.

The requirements to become a school counselor are set forth in the Texas Education Code and Texas Administrative Code.

Generally, a person must have been completed an approved educator preparation program, hold a master’s degree from an accredited program, complete required testing, and have two years of classroom teaching experience.

The Texas Education Code states, “the primary responsibility of a school counselor is to counsel students to fully develop each student’s academic, career, personal and social abilities.” [1]

School counselors prepare students for life while in school and life after. This involves high school curriculum planning and providing guidance through the college application and financial aid process.

[1] Texas Education Code §33.006(a).

Yes, a school counselor shall do the following:

(1) participate in planning, implementing, and evaluating a comprehensive developmental guidance program to serve all students and to address the special needs of students who are (a) at risk of dropping out of school, becoming substance abusers, participating in gang activity, or committing suicide; (b) in need of modified instructional strategies; or (c) gifted or talented[1];

(2) consult with a student’s parent or guardian and make referrals as appropriate in consultation with the student’s parent or guardian[2];

(3) consult with school staff, parents, and other community members to help them increase the effectiveness of student education and promote student success[3];

(4) coordinate people and resources in the school, home, and community[4];

(5) with assistance of school staff, interpret standardized test results and other assessment data that help a student make career and educational plans[5];

(6) deliver classroom guidance activities and/or serve as a consultant to teachers conducting lessons based on the school’s guidance curriculum[6];

(7) serve as an impartial, non-reporting resource for interpersonal conflicts involving two or more students, including bullying[7].  Although a school counselor is to serve as an impartial, non-reporting source, he or she is not exempted from any mandatory reporting requirements imposed by other provisions of law.[8]

[1] Texas Education Code §33.006(b)(1).

[2] Texas Education Code §33.006(b)(2).

[3] Texas Education Code §33.006(b)(3).

[4] Texas Education Code §33.006(b)(4).

[5] Texas Education Code §33.006(b)(5).

[6] Texas Education Code §33.006(b)(6).

[7] Texas Education Code §33.006(b)(7).

[7] Texas Education Code §33.006(b)(7).

[8] Texas Education Code §33.006(b)(8).

In some cases, yes.  The Texas Education Code (and the policy of many school districts) requires all employees, including counselors, to report bullying.  Counselors should check the school district policy to determine to whom the bullying should be reported to, frequently it is to an administrator such as the principal.

Additionally, the Texas Health and Safety Code allows the disclosure of confidential information to medical or law enforcement personnel when a professional determines that there is probability of imminent physical injury by the patient to the patient or others.

If a counselor has cause to believe that the physical or mental welfare of a child is being adversely affected by abuse or neglect, the counselor has a duty to report.  The Texas Family Code requires that this report be made within 48 hours of when the counselor first suspects the abuse.  This report can be made to local law enforcement; the Department of Family and Protective Services, Child Protective Services Division; a local Child Protective Services Office, or the agency that licensed the facility where abuse or neglect occurred.  Although the report can be oral or written, it is recommended that the report be written.  Importantly – the counselor cannot pass the duty to report on to someone else. Telling a colleague or principal is not enough.  There are criminal penalties for failing to report, so it is essential that a report be made.  It is much better to make a report based on a good faith belief that abuse or neglect occurred, than to fail to report and face the consequence.

Counselors frequently find themselves in the position of a student-confidante.  This degree of trust is important to the counselor-student relationship.  However, there is no privilege under Texas law for student-counselor communications.  This means that there are a number of situations where a counselor may be required to release the content of counseling sessions.

The Texas Attorney General in opinion number JC-0358 determined that, generally, all student records are available to parents.[1] Only under very narrow and unusual circumstances may a minor child’s school counseling records be withheld from a parent.

[1] Texas Attorney General Opinion No. JC-0538

The Federal Family Educational and Privacy Rights Act (“FERPA”), does allow a public school to withhold a minor child’s counseling records from a parent only in the limited circumstance where those records are: (1) kept in the sole possession of a counselor, (2) are used only as the counselor’s personal memory aid, (3) the records are not revealed to, or accessed by anyone other than the counselor, or a person serving as a temporary substitute for the counselor.

Importantly, for a person to be able to withhold records under this subsection, that individual must meet the definition of a professional, as defined in section 611.001(2) of the Health and Safety Code, and further, the counselor must have made a determination that release of the patient’s records would be harmful to the patient’s physical, mental, or emotional health. If these requirements are not met, then section 26.004 of the Texas Education Code prevails, and the parent “is entitled to access to all written records” of the school district “concerning the parent’s child, including . . . counseling records.

Additionally, the Texas Education Code does allow counselors and administrators to withhold information from parents if it involves suspected abuse of the child by the parents.

Although there is not an affirmative duty to report a student’s threat to commit suicide, it is generally recognized that counselors should report such threats. It should be noted that a minor can consent to counseling without parental consent when the purpose of said counseling is suicide prevention.

A threat of violence should be reported to school administration.  Counselors may report threats if the counselor has a reason to believe that the student may cause imminent health to himself or herself, or to others.

According to Texas Penal Code Section 21.12(a), an “improper relationship” is generally described as sexual contact, sexual intercourse, or deviate sexual intercourse with a student. An improper relationship may also include online solicitation of a student.

Under Texas Penal Code Section 21.01(2) “sexual contact” means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. “Sexual intercourse” is defined under Texas Penal Code Section 21.01(3) to mean any penetration of the female sex organ by the male sex organ.  Texas Penal Code Section 21.01(1) defines “deviate sexual intercourse” to mean (1) any contact between any part of the genitals of one person and the mouth and anus of another person; or (2) the penetration of the genitals or the anus of another person with an object.

The term “educators” encompasses not only teachers, but also other school employees. In short, any school employee may commit an offense under this statute. Administrators are explicitly included as educators. Additionally, the following school employees and personnel specifically qualify as “educators” under this statute:

–           Student teachers, teacher interns, and/or teacher trainees

–           Librarians

–           Educational aides

–           Educational diagnosticians

–           Counselors, social workers, and/or psychologists

–           Nurses and/or physicians

–           Speech language pathologists

Although these positions all require certificates, permits, or other credentials for employment by a school or school district, the sexual misconduct statute applies regardless whether an educator has the proper credentials for their position.

A complete list of positions may be found in Texas Education Code section 21.003. Nevertheless, it is important to note the offense of “improper sexual relationship between educator and student” may be committed by any school employee, regardless of the position he or she holds, if he or she is employed by a private or public elementary or secondary school.

The statute identifies three ways the offense may be committed.

First, a school employee commits an offense if he or she engages in sexual contact, sexual intercourse, or deviate sexual intercourse with a student enrolled in the school in which he or she works.

Secondly, certain school employees may commit an offense if they engage in sexual contact, sexual intercourse, or deviate sexual intercourse with a person if that employee knows the person is either:

(1)        enrolled in any public or private primary or secondary school; or

(2)        a student participant in an educational activity that is sponsored by a school or school district if students are the primary participants in the activity; or

Finally, an offense is committed if a school employee engages in online solicitation of any student, regardless of the age of the student. Critically, the employee does not need to work at the same school or within the same school district for an offense to be committed. An offense also extends to student participants in school or school district-sponsored activities and students over 18 years old.

Yes. Texas Penal Code Section 21.12(b-1) provides two very narrow affirmative defenses for educators who engage in sexual relations with a student. It is a defense that the employee was the spouse of the student at the time of the offense. It is also a defense that the employee was no more than three years older than the student and, at the time of the offense, the employee and the student were in a relationship that began before the educator was employed at a school.

A school employee commits the offense of online solicitation if the person uses the internet, e-mail, text message, or other electronic message services to communicate in a sexually explicit manner or distribute sexually explicit material. A school employee also commits online solicitation if that employee uses the internet, e-mail, text message, or other electronic message services to solicit a student to meet another person (including the employee) with the intent that the student will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the employee or another person. It is not a defense that such a meeting did not occur. For more information about this criminal offense, please see Texas Penal Code Section 33.021. Sexually explicit under Texas Penal Code Section 33.021(3) means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct.

The superintendent or director of a school must complete an investigation of an educator if there is evidence the educator may have engaged in sexual misconduct with a student. This investigation must be completed even if the educator resigns before the investigation is completed.

The name of the student involved in an improper relationship with an educator may not be released to the public.

A principal must notify the superintendent or director within 7 business days after an educator is terminated or resigns after an alleged incident of sexual misconduct with a student.

The name of the student involved in an improper relationship with an educator may not be released to the public.

After receiving notification from a principal, the superintendent or director must notify the State Board for Educator Certification by filing a written report no later than 7 business days after they receive the principal’s report. The superintendent or director must provide this notification if the educator resigns or was terminated and there is evidence the educator engaged in a sexually inappropriate relationship with a student.

The name of the student involved in an improper relationship with an educator may not be released to the public.

Yes. A principal, superintendent, or director who in good faith files a report or communicates with another principal, superintendent, or director about an educator’s criminal record or alleged misconduct with a student is immune from civil or criminal liability that might otherwise be imposed. Civil and criminal immunity for principals who properly and timely comply with the notification requirements was added to this legislation in 2017.

The parent or guardian must be informed that the alleged incident occurred. He or she must also be notified about whether the educator was terminated after an investigation or resigned before an investigation was completed. Finally, the parent or guardian must be informed about whether a report was submitted to the State Board of Educator Certification. This information must be provided as soon as feasible after the employer becomes aware the alleged misconduct may have occurred.

An applicant must provide an affidavit disclosing whether he or she has ever been charged with or convicted of having an inappropriate relationship with a minor. If he or she has been charged or convicted, the applicant must disclose all of the facts, including whether the incident turned out to be true or false. Importantly, an applicant is not precluded from employment if the employing entity determines the charge was false.

Failure to disclose this information when applying for employment with a school is grounds for termination of the applicant if he or she is later employed.

The State Board for Educator Certification may revoke the certificate for an administrator if the Board determines it is reasonable to believe the administrator employed an applicant despite being aware that the applicant had been adjudicated for or convicted of having an inappropriate relationship with a minor.

Texas law mandates a school district must adopt a written policy concerning electronic communications between school employees and students enrolled in the district. Electronic communications include phone calls, text messages, e-mails, and social media.

This policy must include the following elements:

1. Provisions designed to prevent improper electronic communications between an employee and student;
2. Provisions allowing for a school employee to elect not to disclose to students the employee’s personal telephone number or email address; and
3. Provisions instructing a school employee about the proper method for notifying the appropriate local administrators about an incident in which a student engages in improper communication with a school employee.

Yes. Continuing education requirements for principals must now include information about preventing, recognizing, and reporting any sexual conduct between an educator and a student.

Yes. Educator preparation programs must now provide information about appropriate relationships, boundaries, and communications between educators and students.

The Board of Trustees or governing body of a school district must adopt a policy under which notice is provided to a student’s parent or guardian about sexual misconduct of this nature. Under the policy, the parent or guardian must be informed that the alleged incident occurred. The parent or guardian must also be notified about whether the educator was terminated after an investigation or resigned before an investigation was completed. Finally, the parent or guardian must be informed about whether a report was submitted to the State Board of Educator Certification. This information must be provided as soon as feasible after the employer becomes aware the alleged misconduct may have occurred.

Under Texas Penal Code Section 21.12(b), engaging in an improper relationship between an educator and a student is a second degree felony. If an individual is convicted of a second degree felony, he or she may be imprisoned for no more than 20 years but no fewer than 2 years. In addition to imprisonment, a convicted person may be punished by a fine no greater than $10,000.00.

In addition to criminal penalties, the educator will face termination of employment with the school or school district. The educator will also lose all rights to any retirement annuities he or she has accrued during their employment with the school or school district, as well as any education certification they may hold.

An administrator can face the same penalties as any other school employee if he or she engages in an inappropriate sexual relationship with a student.

The State Board for Educator Certification will determine whether to impose sanctions against a principal who fails to notify a superintendent or director as required by law. The State Board for Educator Certification may impose an administrative penalty of not less than $500.00 but not more than $10,000.00 for a principal’s failure to comply with the notification requirement. The State Board of Educator Certification may not renew the certification of that educator until this administrative penalty is paid.

Critically, a principal’s failure to notify a superintendent or director as required qualifies as a state jail felony. An individual convicted of a state jail felony can face confinement in state jail for no more than two years or fewer than 180 days. In addition to confinement, an individual convicted of a state jail felony may be punished by a fine no greater than $10,000.00.

The State Board for Educator Certification will determine whether to impose sanctions against a superintendent or director who fails to comply with his or her notification responsibilities as required by law. The State Board for Educator Certification may impose an administrative penalty of not less than $500.00 but not more than $10,000.00 for a superintendent or director’s failure to comply with the notification requirement. The State Board of Educator Certification may not renew the certification of that educator until this administrative penalty is paid.

Critically, a superintendent or director’s failure to file a written report with the State Board for Educator Certification is a state jail felony. An individual convicted of a state jail felony can face confinement in state jail for no more than two years or fewer than 180 days. In addition to confinement, an individual convicted of a state jail felony may be punished by a fine no greater than $10,000.00.

A special accreditation investigation may be conducted if a school fails to produce evidence of an investigation or report relating to an educator who is under investigation for this type of sexual misconduct.

The State Board for Educator Certification may revoke the certificate for an administrator if the Board determines it is reasonable to believe the administrator employed an applicant despite being aware that the applicant had been adjudicated for or convicted of having an inappropriate relationship with a minor.

A parent is entitled to access the following:

1. All written records, including medical records, of a school district concerning the child, including: attendance records, test scores, grades, disciplinary records, counseling records, psychological records, applications for admission, health and immunization information, teacher and school counselor evaluations, reports of behavioral patterns, and records relating to assistance provided for learning difficulties.^[1]
2. A copy of the student’s medical records.^[2]
3. A copy of each state assessment instruction administered under Texas Education Code section 39.023
4. Full information regarding the school activities of a child^[3] except in the case of child abuse or neglect.^[4]

[1] Texas Education Code §26.004(b).

[2] Texas Education Code §38.0095

[3] Texas Education Code §26.008

[4] Texas Education Code §38.004

The Family Educational Rights and Privacy Act^[1] (FERPA) is a federal law that protects the privacy of a student’s education records and ensures parental access to those records.  FERPA applies to all schools that receive funds under an applicable program of the US Department of Education. The rights of FERPA can be transferred to a student when he or she obtains the age of 18.

[1] 20 U.S.C. §1232g; CFR Part 99

FERPA allows a school to disclose education records, without consent, to the following parties or under the following conditions:

1. School officials with a legitimate educational interest;
2. Other schools to which the student is transferring;
3. Specified officials for audit or evaluation purposes;
4. Appropriate parties in connection with financial aid to the student;
5. Organizations conducting certain studies for or on behalf of the school;
6. Accrediting organizations;
7. To comply with a judicial order or lawfully issued subpoena;
8. Appropriate officials in cases of health and safety emergencies; and
9. State and local authorities, with a juvenile justice system, pursuant to specific state law.^[1]

[1] 34 CFR §99.31

A parent can request that a school correct records which he or she believes to be inaccurate or misleading.  The parent or eligible student has a right to a formal hearing if the records are not amended.  A statement setting forth the parent’s view regarding the contested information can be included with the record if the school decides not to amend the records after the hearing.

A school district is required to notify parents annually of FERPA provisions regarding the release of student directory information (name, address, telephone).  Parents may elect to not disclose such information or limit such disclosure for certain purposes.

A school administrator, nurse, or teacher is entitled to access district medical records for reasons established by district policy.  A student can’t be required to undergo tests to determine a medical condition or status.  Any person who views the records must maintain the confidentiality of the records.^[1]

[1] Texas Education Code §38.009

An employee of a school district must obtain written consent before the employee may conduct a psychological examination, test, or treatment, unless required by state or federal education laws or an employee believes that a refusal presents a substantial risk of death, disfigurement, or bodily injury to the child or has resulted in an observable and material impairment to the growth, developmental, or functioning of the child.^[1]  An employee must also obtain written consent if he or she makes or authorizes the making of a videotape of a child or authorize the recording of a child’s voice.^[2]

[1] Texas Education Code §26.0091

[2] Texas Education Code §26.009)

School district can’t make a videotape or record a child’s voice without a parent’s written consent.  However, a school district employee may without parental consent make a videotape of a child or record a child’s voice if the video or voice recording is to be used only for: (1) purposes of safety, (2) purpose related to a cocurricular or extracurricular activity, (3) a purpose related to regular classroom instruction, (4) media coverage of the school, and (5) a purpose related to the promotion of student safety.^[1]

[1] Texas Education Code §26.009(b)

Yes, except for questions that are not used to calculate a student’s score.[1]

[1] Texas Education Code §26.005

A parent is entitled to review all teaching materials, instructional materials, and other teaching aids used in the classroom of the parent’s child and each test administered to the child after the test is administered.

The board of trustees of a school district must adopt a school code of conduct.

In addition to establishing standards for student conduct, the student code of conduct must:

1. Specify the circumstances under which a student may be removed from a classroom, campus, disciplinary alternative education program, or vehicle owned or operated by the district;
2. specify conditions that authorize or require a principal or other administrator to transfer a student to a disciplinary alternative education program;
3. outline conditions under which a student by be suspended or expelled;
4. specify that consideration will be given, as a factor in each decisions concerning suspension, removal to a disciplinary alternative education program, expulsion, or placement in a juvenile justice alternative education program, regardless of whether the decision concerns a mandatory or discretionary action, to: (a) self-defense, (b) intent or lack of intent at the time the student engaged in the conduct, (c) a student’s disciplinary history, or (d) a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct;
5. provide guidelines for setting the length of a term of a removal or expulsion;
6. address the notification of a parent or guardian of a violation of the student code of conduct committed by the student that results in suspension, removal to a disciplinary alternative education program, or expulsion;
7. prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions;
8. provide, as appropriate for students at each grade level, methods, including options for managing students in the classroom, on school grounds, and on a vehicle owned or operated by the district, disciplining students, and preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists; and

include an explanation of the provisions regarding refusal of entry to or ejection from district property.[1]

[1] Texas Education Code §37.001(a)

Harassment means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student’s physical or emotional health or safety.[1]

[1] Texas Education Code §37.001(b)(2)

Hit lists means a list of people targeted to be harmed using a firearm, a knife, or any other object to be used with intent to cause bodily harm.[1]

[1] Texas Education Code §37.001(b)(2)

Each school year, a school district shall provide parents notice of and information regarding the student code of conduct.[1]

[1] Texas Education Code §37.001(d)

Yes, if a school district adopts a policy in which corporal punishment is permitted, an educator may use corporal punishment to discipline a student unless the student’s parent or guardian has previously provided a written, signed statement prohibiting the use of corporal punishment as a means of discipline.[1]

[1] Texas Education Code §37.0011(b)

Corporal punishment means deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline.[1]

[1] Texas Education Code §37.0011(a)

A person at each campus must be designated to serve as the campus behavior coordinator. The person designated as campus behavior coordinator may be the principal of the campus or any other campus administrator selected by the principal. The campus behavior coordinator is primarily responsible for maintaining student discipline.

A teacher can send a student to the campus behavior coordinator’s office to maintain effective discipline in the classroom. The campus behavior coordinator must respond by employing appropriate discipline management techniques consistent with the student code of conduct.

A teacher may remove a student from class who has been documented by the teacher to repeatedly interfere with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn, or whose behavior the teacher determines is so unruly, disruptive, or abusive, that it seriously interferes with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn.[1]

[1] Texas Education Code §37.002(b)

If a teacher removes a student from class, the principal may place the student into another appropriate classroom, into in-school suspension, or into a disciplinary alternative education program.  The principal cannot return the student to that teacher’s class without the teacher’s consent unless the placement review committee determines that such placement is the best or only alternative available.[1]

[1] Texas Education Code §37.002(c)

Not later than the third class day after the day on which the student is removed by the teacher or principal, the campus behavior coordinator or other appropriate administrator must schedule a conference that includes the campus behavior coordinator or other appropriate administrator, the teacher removing the student from the class, and the student.[1]

[1] Texas Education Code §37.009(a)

At the conference, the student is entitled to written or verbal notice of the reasons for removal, an explanation with the basis for the removal, and an opportunity to respond to the reasons for the removal. The student may not be returned to the regular classroom pending the conference.[1]

[1] Texas Education Code §37.009(a)

The campus behavior coordinator shall order the placement of the student for a period consistent with the student code of conduct.[1]

[1] Texas Education Code §37.009(a)

Before ordering the suspension, expulsion, removal to a disciplinary alternative education program or placement in a juvenile justice alternative education program of a student, the behavior coordinator must consider whether the student acted in self-defense, the intent or lack of intent at the time the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinary history, and whether a student has a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct, regardless of whether the decision of the behavior coordinator concerns mandatory or discretionary authority.[1]

[1] Texas Education Code §37.009(a)

Yes, a school bus driver may send a student to the principal’s office to maintain effective discipline on the school bus.[1]

[1] Texas Education Code §37.0022

Each school shall establish a three-member committee to determine placement of a student when a teacher refuses the return of a student to the teacher’s class to make recommendations to the district regarding readmission of expelled students.[1]

[1] Texas Education Code §37.003

Members of the committee are appointed as follows: the campus faculty shall choose two teachers to serve as members and on teacher to serve as an alternate member and the principal shall choose one member from the professional staff of the campus.[1]

[1] Texas Education Code §37.003

The principal or appropriate administrator may suspend a student who engages in conduct identified in the student code of conduct as conduct for which a student may be suspended.[1]

[1] Texas Education Code §37.005

A suspension may not exceed three school days.[1]

[1] Texas Education Code §37.005(b)

No, unless while on school property or while attending a school-sponsored event or school-related activity, the student carries a gun, knife or other prohibited weapon; commits a violent offense, including assault, sexual assault, aggravated assault, or aggravated sexual assault; or sells, gives, possesses, uses, or is under the influence of marijuana, alcohol, or another dangerous drug.[1]

[1] Texas Education Code §37.005(c)

A student may be removed from class and placed in disciplinary alternative education or expelled if the student engages in bullying that encourages a student to commit or attempt to commit suicide, incites violence against a student through group bullying, or 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.[1]

[1] Texas Education Code §37.0052

A student will be placed in a disciplinary alternative education program if the student:

1. Engages in conduct involving a public school that contains the elements of the offense of false alarm or terroristic threat; or
2. Commits the following on or within 300 feet of school property, or while attending a school-sponsored activity on or off school property:
   1. engages in conduct punishable as a felony,
   2. engages in conduct that contains the elements of the offense of assault,
   3. sells, gives, or delivers to a person or possesses or uses or is under the influence of marihuana or a controlled substance or a dangerous drug[1],
   4. sells, gives, or delivers to another person an alcoholic beverage, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage,
   5. engages in conduct that contains the elements of an offense relating to an abusable volatile chemical, or
   6. engages in conduct that contains the elements of the offense of public lewdness.
3. Engages in conduct on or off school property that contains the elements of the offense of retaliation[2] against a school employee.
4. Based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if:
   1. the student receives deferred prosecution for conduct defined as a felony offense in Title 5, Penal Code or the felony offense of aggravated robbery;
   2. a court or jury finds that the student has engaged in delinquent conduct defined as a felony offense in Title 5, Penal Code or the felony offense of aggravated robbery;
   3. the superintendent or the superintendent’s designee has a reasonable belief that the student has engaged in conduct defined as a felony offense in Title 5, Penal Code or the felony offense of aggravated robbery;
   4. superintendent or superintendent’s designee has a reasonable belief that the student has engaged in a felony offense other than aggravated robbery or the offenses defined in Title 5, Penal Code and the continued presence of the student in regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.[3]

[1] Dangerous drug as defined in Chapter 483 of the Texas Health and Safety Code

[2] The elements of retaliation are set forth in Texas Penal Code §36.06

[3] Texas Education Code §37.006

In determining whether there is reasonable belief that a student has engaged in conduct defined as a felony offense by the Penal Code, the superintendent or the superintendent’ designee may consider all available information.[1]

[1] Texas Education Code §37.006(e)

An elementary student will be placed in a disciplinary alternative education program if the student:

1. Engages in conduct involving a public school that contains the elements of the offense of false alarm or terroristic threat; or
2. Commits the following on or within 300 feet of school property, or while attending a school-sponsored activity on or off school property:
   1. engages in conduct punishable as a felony,
   2. engages in conduct that contains the elements of the offense of assault,
   3. sells, gives, or delivers to a person or possesses or uses or is under the influence of marihuana or a controlled substance or a dangerous drug[1],
   4. sells, gives, or delivers to another person an alcoholic beverage, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage,
   5. engages in conduct that contains the elements of an offense relating to an abusable volatile chemical, or
   6. engages in conduct that contains the elements of the offense of public lewdness.
3. Engages in conduct on or off school property that contains the elements of the offense of retaliation[2] against a school employee.
4. Based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if:
   1. the student receives deferred prosecution for conduct defined as a felony offense in Title 5, Penal Code or the felony offense of aggravated robbery;
   2. a court or jury finds that the student has engaged in delinquent conduct defined as a felony offense in Title 5, Penal Code or the felony offense of aggravated robbery;
   3. the superintendent or the superintendent’s designee has a reasonable belief that the student has engaged in conduct defined as a felony offense in Title 5, Penal Code or the felony offense of aggravated robbery;
   4. superintendent or superintendent’s designee has a reasonable belief that the student has engaged in a felony offense other than aggravated robbery or the offenses defined in Title 5, Penal Code and the continued presence of the student in regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.[3]

An elementary student may not be placed in a disciplinary alternative education program with any other student who isn’t an elementary school student.

[1] Dangerous drug as defined in Chapter 483 of the Texas Health and Safety Code

[2] The elements of retaliation are set forth in Texas Penal Code §36.06

[3] Texas Education Code §37.006(f)

No unless the child brings a firearm to school.[1]

[1] Texas Education Code §37.006(l)

The principal or principal’s designee shall inform the educator who is responsible for the instruction of the student who has engaged in a violation that has led to disciplinary alternative education.[1]

[1] Texas Education Code §37.0061(o)

Yes.  Each educator shall keep the information regarding the disciplinary alternative education confidential from any person not entitled to the information, except that the educator may share the information with the student’s parent or guardian as provided by state or federal law.[1]

[1] Texas Education Code §37.0061(o)

Before a student is placed in a disciplinary alternative education program that extends beyond the school year, the board or the board’s designees must determine that the student’s presence on campus presents a danger of physical harm to the student or to another individual or the student has engaged in serious or persistent misbehavior that violates the district’s student code of conduct.[1]

[1] Texas Education Code §37.009(c)

The period of placement may not exceed one year, unless the district determines that the student is a threat to the safety of other students or to district employees or extended placement is in the best interest of the student.[1]

[1] Texas Education Code §37.009(e)

Yes. A student shall be entitled a review, including a review of the student’s academic status by the board’s designee at intervals not to exceed 120 days.  In the case of a high school student, the board’s designee with the student’s parent or guardian, must review the student’s progress towards meeting graduation requirements.  At the review, the student or the student’s parents or guardian must be given the opportunity to present arguments for the student’s return to the regular classroom or campus.[1]

[1] Texas Education Code §37.009(e)

Each school district shall provide a disciplinary alternative education program that:

1. is provided in a setting other than a student’s regular classroom;
2. is located on or off of a regular school campus;
3. provides for the students who are assigned to the disciplinary alternative education program to be separated from students who are not assigned to the program;
4. focuses on English language arts, mathematics, science, history, and self-discipline;
5. provides for students’ educational and behavioral needs;
6. provides supervision and counseling; and
7. employs only teachers that meet the certification requirements.[1]

[1] Texas Education Code §37.008(a)

Yes. The alternative education program must provide a course necessary to fulfill a student’s high school graduation requirements.  The school district may provide the student an opportunity to complete coursework through any method available.[1]

A school district shall provide the parents of the student removed to an alternative education program with written notice the district’s obligation to provide the student with an opportunity to complete coursework required for graduation. The notice must include information regarding all methods available for completing the coursework and state the methods that are available at not cost to the student.[2]

[1] Texas Education Code §37.008(l)

[2] Texas Education Code §37.008(l-1)

A student will be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property if the student:

1. engages in conduct that contains elements of the offense of unlawfully carrying weapons under Texas Penal Code section 46.02 or 46.05;
2. engages in conduct that contains elements of the offense of aggravated assault[1], aggravated sexual assault[2], arson[3], murder[4], capital murder[5], criminal attempt to commit murder or capital murder[6], indecency with a child[7], aggravated kidnapping[8], aggravated robbery[9], manslaughter[10], criminally negligent homicide[11], or continuous sexual abuse of a young child or children[12];
3. sells, gives, or delivers to a person or possesses or uses or is under the influence of marihuana or a controlled substance or a dangerous drug, or sells, gives, or delivers to another person an alcoholic beverage, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage, if that conduct results in a felony;
4. engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Texas Penal Code section 42.06 or terroristic threat under Texas Penal Code section 22.07;
5. while on or within 300 feet of school property or while attending a school-sponsored or school-related activity on or off of school property sells, gives, or delivers to another person or possesses, uses or is under the influence of any amount of: marihuana or controlled substance, a dangerous drug, or an alcoholic beverage;
6. engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under the Texas Health and Safety Code sections 485.031-485.034;
7. engages in conduct that contains the elements of an assault[13] against a school district or volunteer;
8. engages in conduct engages in conduct that contains the elements of the offense of deadly conduct[14]
9. while on or within 300 feet of school property engages in conduct that engages in conduct that contains elements of the offense of unlawfully carrying weapons under Texas Penal Code section 46.02 or 46.05, engages in conduct that contains elements of the offense of aggravated assault[15], aggravated sexual assault[16], arson[17], murder[18], capital murder[19], criminal attempt to commit murder or capital murder[20], indecency with a child[21], aggravated kidnapping[22], aggravated robbery[23], manslaughter[24], criminally negligent homicide[25], or continuous sexual abuse of a young child or children, or possesses a firearm;
10. engages in conduct the contains the elements of an offense relating to aggravated assault[26], aggravated sexual assault[27], murder[28], capital murder[29], criminal attempt to commit murder or capital murder[30], or the offense of aggravated robbery against another student, without regard to whether the conduct occurs on order off of school property or while attending a school-sponsored or school-related activity on or off school property;
11. engages in conduct that contains the elements of the offense of breach of computer security under Texas Penal Code section 33.02 if the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district and the student knowingly alters, damages, or deletes school property or information or commits a breach of any other computer, computer network, or computer system;
12. if while placed in disciplinary alternative education program, engages in documented serious misbehavior while on the program campus despite documented behavioral interventions. Serious misbehavior means deliberate violent behavior that poses a direct threat to the health or safety of others, extortion (meaning the gaining of money or other property by force or threat), conduct that constitutes coercion, or conduct that constitutes the offense of public lewdness, indecent exposure, criminal mischief, personal hazing, or harassment of a school district or district employee;
13. if the student engages in conduct that contains elements of the offense of unlawfully carrying weapons under Texas Penal Code section 46.02 or 46.05, engages in conduct that contains elements of the offense of aggravated assault[31], aggravated sexual assault[32], arson[33], murder[34], capital murder[35], criminal attempt to commit murder or capital murder[36], indecency with a child[37], aggravated kidnapping[38], aggravated robbery[39], manslaughter[40], criminally negligent homicide[41], or continuous sexual abuse of a young child or children, and may be expelled if the student engages in conduct that contains the elements of an assault, against any employee or volunteer in retaliation for or as a result of the person’s employment or association with a school district, 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 school property.[42]

[1] Texas Penal Code §22.02

[2] Texas Penal Code §22.021

[3] Texas Penal Code §28.02

[4] Texas Penal Code §19.02

[5] Texas Penal Code §19.03

[6] Texas Penal Code §15.01

[7] Texas Penal Code §21.11

[8] Texas Penal Code §20.04

[9] Texas Penal Code §29.03

[10] Texas Penal Code §19.04

[11] Texas Penal Code §19.05

[12] Texas Penal Code §21.02

[13] As defined in Texas Penal Code §22.01(a)(1)

[14] Texas Penal Code §22.05

[15] Texas Penal Code §22.02

[16] Texas Penal Code §22.021

[17] Texas Penal Code §28.02

[18] Texas Penal Code §19.02

[19] Texas Penal Code §19.03

[20] Texas Penal Code §15.01

[21] Texas Penal Code §21.11

[22] Texas Penal Code §20.04

[23] Texas Penal Code §29.03

[24] Texas Penal Code §19.04

[25] Texas Penal Code §19.05

[26] Texas Penal Code §22.02

[27] Texas Penal Code §22.021

[28] Texas Penal Code §19.02

[29] Texas Penal Code §19.03

[30] Texas Penal Code §15.01

[31] Texas Penal Code §22.02

[32] Texas Penal Code §22.021

[33] Texas Penal Code §28.02

[34] Texas Penal Code §19.02

[35] Texas Penal Code §19.03

[36] Texas Penal Code §15.01

[37] Texas Penal Code §21.11

[38] Texas Penal Code §20.04

[39] Texas Penal Code §29.03

[40] Texas Penal Code §19.04

[41] Texas Penal Code §19.05

[42] Texas Education Code §37.007

If a student brings a firearm to school, he or she will be expelled for a period of at least one year.[1]

[1] Texas Education Code §37.007(e)

Yes.  A superintendent or other chief administrative officer may modify the length of the expulsion, the school district shall provide educational services to an expelled student in a disciplinary alternative education program if the student is younger than 10 years of age on the date of the expulsion, and the school district may provide educational services to an expelled student who is 10 years or older in a disciplinary alternative education program.[1]

[1] Texas Education Code §37.007(e)

A student who engages in the conduct that contains the elements of criminal mischief under Texas Penal Code section 28.03 may be expelled at the school district’s discretion if the conduct is punishable as a felony.[1]

[1] Texas Education Code §37.007(f)

The principal or principal’s designee shall inform the educator who is responsible for the instruction of the student who has engaged in a violation that has led to the student being expelled.[1]

[1] Texas Education Code §37.007(g)

Yes.  Each educator shall keep the information regarding the student’s expulsion must keep the information confidential from any person not entitled to the information, except that the educator may share the information with the student’s parent or guardian as provided by state or federal law.[1]

[1] Texas Education Code §37.007(g)

No[1]

[1] Texas Education Code §37.007(h)

Yes.  The board or the board’s designee must provide the student a hearing at which the student is afforded appropriate due process as required by the federal constitution and which the student’s parent or guardian is invited in writing to attend.[1]

[1] Texas Education Code §37.009(f)

Yes. The student is entitled to be represented by the student’s parent or guardian or another adult who can provide guidance to the student and who isn’t an employee of the school district.[1]

[1] Texas Education Code §37.009(f)

The board of trustees must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinary history, and whether the student has a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct, regardless of whether the decisions of the board concerns a mandatory or discretionary action.[1]

[1] Texas Education Code §37.009(f)

Yes.  If the decision was made by a board’s designee, the decision may be appealed to the board.  If the decision is made by the board, it may be appealed to a district court of the county in which the school district’s central administrative office is located.[1]

[1] Texas Education Code §37.009(f)

No, unless after a review, the district determines that the student is a threat to the safety of other students or to district employees or extended placement is in the best interest of the student.[1]

[1] Texas Education Code §37.009(h)

Yes, the school must report to the appropriate law enforcement if the principal has reasonable grounds to believe that any of the following activities occur in school, or on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers:

1. conduct that may constitute an offense listed under Government Code section 508.149;
2. deadly conduct under Texas Penal Code section 22.07;
3. a terroristic threat;
4. the use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana;
5. the possession of any of the weapons or devices listed under Texas Penal Code section 46.01 (1)-(14) or 46.01(16);
6. conduct that may constitute a criminal offense under Texas Penal Code section 71.02; or
7. conduct that may constitute a criminal offense for which a student may be expelled.[1]

[1] Texas Education Code §37.015(a)

The individual making the notification must include the name and address of each student the person believes may have participated in the activity.[1]

[1] Texas Education Code §37.015(b)

A notification is not required if a person reasonably believes that the activity does not constitute a criminal offense.[1]

[1] Texas Education Code §37.015(c)

Yes, the board of trustees of any school district may employ security personnel and may commission peace officers to enforce discipline.[1]

[1] Texas Education Code §37.081

Yes, if it is authorized by the board of trustees and the individual authorized to carry a weapon is a commissioned peace officer.[1]

[1] Texas Education Code §37.081(a)

A peace office in his or her jurisdiction has the powers, privileges, and immunities of peace officers, may enforce all laws, including municipal ordinances, county ordinances, and state laws and may take a student into custody.[1]

[1] Texas Education Code §37.081(b)

The board of trustees shall determine the law enforcement duties of a peace officer.  Those duties must include protecting the safety and welfare of any person in the jurisdiction of the peace officer and the property of the school district.[1]

[1] Texas Education Code §37.081(d)

No.[1]

[1] Texas Education Code §37.143

Generally, a school can’t refuse entry into a school.  However, a school district may refuse to allow a person to enter on or may eject a person from property under the school district’s control if the person refuses to leave peaceably on request the person poses a substantial risk of harm to any person  or the person behaves in a manner that is inappropriate for a school setting and the administrator, resource officer, or peace officer issues a verbal warning to the person that the person’s behavior is inappropriate and may result in the person’s refusal of entry or ejection and the person persists in the behavior.[1]

[1] Texas Education Code §37.105(a)

Each school district shall maintain a record of each verbal warning, including the name of the person to whom the warning was given and the date of issuance.

Yes[1], and the school can request that you sign in and out.

[1] Texas Education Code §37.105(b)

The refusal of entry to or ejection from a school district’s property may not exceed 2 years.[1]

[1] Texas Education Code §37.105(f)

Yes, an unauthorized person that trespasses on school grounds commits a Class C misdemeanor.[1]

[1] Texas Education Code §37.107

Yes.  A registered sex offender must immediately notify the administrative office of the school of their presence on the premises and their status as a registered sex offender.  The office may provide a chaperon to accompany the individual while they are on campus.[1]

[1] Texas Criminal Procedure §62.064

The Texas Legislature has vested the Texas State Board of Education with the authority to adopt TEKS (Texas Essential Knowledge and Skills).  Texas curriculum standards and TEKS guidelines go through extensive review periods which involve surveys of educators, focus group feedback, work group meetings, and a public comment period.

A committee of educators, parents, business and industry representatives, and employers are nominated by the State Board of Education to serve on committees that are charged with reviewing TEKS.

The following subject matter categories are covered by TEKS: English language arts and reading, mathematics, science, social studies, languages other than English, health education, physical education, fine arts, economics with emphasis on the free enterprise system, technology applications, career development, Spanish language arts and English as a second language, and career and technical education.

The intent of the TEKS standard guidelines are to ensure that schools across the state provide comparable education, especially in a time when there is significant student mobility.

The Texas graduation requirements are set by the State Board of Education.  House Bill 5, enacted by the Texas legislature in 2013, established the Foundation High School Program. Rules related to this program were adopted by the State Board of Education in 2014.

The Foundation Graduation Program is the default program for students entering high school after 2014-2015.  It is intended to provide Texas students with flexibility to pursue their interests, while obtaining enough credits to obtain their decrees.

The program contains up to four parts:

• The core Texas high school diploma program, which consist of a 22-credit foundation plan;
• Five “endorsement options” which allow students to focus on a series of courses which are related to a student’s interest;
• The option to enroll in a “Distinguished Level of Achievement,” a higher performance category;
• Performance acknowledgements that note outstanding achievements in specific areas.

A student must enroll in the Distinguished Level of Achievement program to obtain automatic “top 10%” admissions to a Texas public university.

The five endorsement options available to students are STEM, Business and Interest, Public Service, Arts & Humanities, and Multidisciplinary Studies.

A student has the right to free speech to express his or her beliefs, thoughts, ideas, opinions, and emotions, including: not speaking, symbolic speech, displaying flags or crosses on clothes, jewelry, notebooks, or backpacks, wearing clothes that convey a message, and creating and/or sharing songs, videos, images, dance, or theater.

The First Amendment doesn’t protect certain kinds of student speech, including: disruptive speech, threats of violence, speech that’s likely to provoke violence or is meant to incite illegal action in the immediate future, dangerous speech, obscenity, vulgarity, and child pornography, defamation of others, and school-sponsored speech.

Section 25.082 of the Texas Education Code mandates that a school district shall require students each school day to recite: (1) the pledge of allegiance to the United States flag and (2) the pledge of allegiance to the Texas state flag.

That is true. In 1943, the U.S. Supreme Court ruled that requiring all public school students to recite the pledge of allegiance was a violation of their First Amendment rights, because free speech includes the right not to speak against your beliefs.[1]

[1]  West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943).

The Texas Education Code complies with the U.S. Supreme Court in that the state law also allows students to be excused from participating in reciting the pledge on written request from a parent or guardian. Texas law also allows parents to remove their children temporarily from any school activity that conflicts with their religious or moral beliefs. So as long as a student has a note from his or her parent, he or she is excused from reciting the pledge.

Although the U.S. Supreme Court has not directly addressed the issue of students refusing to stand for the pledge or the national anthem, federal appellate courts have found that sitting or kneeling during the pledge are considered to be “symbolic speech” and are protected by the First Amendment as long as they are not being too disruptive. As such, schools may not force students to stand during the pledge. In Texas, the Texas Education Code is silent as to whether a student needs a parent’s permission to sit or stand during the pledge. However, a court is likely to find that a parent’s written permission is not needed to sit or stand during the pledge as long as the student is reciting the pledge while sitting or kneeling and is not being “too disruptive.”

The Texas Education Code mandates all Texas public schools to provide for the observance of one minute of silence following the recitation of the pledges to the U. S. flag and Texas flag. During the one-minute period, each student may, as the student chooses, reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student. A student has the right to sit, kneel, or stand during this minute of silence as long as it does not interfere with or distracts another student.

Attendance is compulsory for a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the age of 19.[1]

[1] Texas Education Code §25.085

If a person has five unexcused absences in a semester a school district may revoke a student’s enrollment for the remainder of the school year.[1]

[1] Texas Education Code §25.085(c)

Yes, a school district must issue a warning letter to the student that states the student’s enrollment may be revoked for the remainder of the school if the student has more than five unexcused absences in a semester.[1]

[1] Texas Education Code §25.085(e)

The following are considered excused school absences: observing religious holy days, attending a required court appearance, appearing at a governmental office to complete paperwork for US citizenship, taking part in an US naturalization ceremony, serving as an election clerk, or if a student is in the care of the department of family and protective services and is participating in an activity order by the court and required under a service plan.  Further, a temporary absence for a doctor’s appointment if the student commences classes or returns to school on the same day of appointment.[1]

[1] Texas Education Code §25.087

A junior or senior may have two excused absences to visit a college.  In order for this to be an excused absence, the school district must adopt a policy to determine when an absence will be excused for college visits and procedure to verify the student’s visit at the college.[1]

[1] Texas Education Code §25.087

A peace officer serving as an attendance officer has the following powers and duties concerning the enforcement of compulsory attendance requirements:

1. to investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;
2. to enforce compulsory school attendance requirements by applying truancy prevention measures and, if the measures fail to meaningfully address the student’s conduct, referring the student to a truancy court if the student has unexcused absences or filing a complaint in a county, justice, or municipal court against a parent;
3. to serve court-ordered legal process;
4. to review school attendance records for compliance by each student investigated by the officer;
5. to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees, or the commissioner, to provide a record to that individual or entity requesting the record;
6. to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements.[1]

[1] Texas Education Code §25.091(a)

An attendance officer who is not a peace officer has the following powers and duties concerning the enforcement of compulsory attendance requirements:

1. to investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;
2. to enforce compulsory school attendance requirements by applying truancy prevention measures and, if the measures fail to meaningfully address the student’s conduct, referring the student to a truancy court if the student has unexcused absences or filing a complaint in a county, justice, or municipal court against a parent;
3. to monitor school attendance records for compliance by each student investigated by the officer;
4. to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees, or the commissioner, to provide a record to that individual or entity requesting the record;
5. to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements; and
6. at the request of a parent, to escort a student from any location to a school campus to ensure student’s compliance with compulsory school attendance requirements.[1]

[1] Texas Education Code §25.091(b)

A student in any grade level will not receive credit or a final grade for the class unless the student is in attendance for at least 90% of the days the class is offered.[1]

[1] Texas Education Code §25.092(a)

A student who is in attendance for at least 75% but less than 90% of the days a class is offered may be given credit or final grade for a class if the student completes a plan approved by the school’s principal that provides for the student to meet the instructional requirements of the class.[1]

[1] Texas Education Code §25.092(a-1)

Attendance committees, which are appointed by the board of trustees of a school district, hear petitions for class credit or final grades who are in attendance for less than 90% of the days that classes are offered and have not earned class credit or final grade pursuant to a plan approved by the principal.  The committee may give class credit or a final grade to a student because of extenuating circumstances.[1]

[1] Texas Education Code §25.092(b)

The board of trustees of a school district shall adopt guidelines to determine what constitutes extenuating circumstances and shall adopt policies establishing alternative ways for students to make up work or regain credit or a final grade lost because of absences.[1]

[1] Texas Education Code §25.092(b)

Yes, the student may appeal the decision to the board of trustees.  The decision of the board may be appealed to the district court of the county in which the school district’s central administrative office is located. [1]

[1] Texas Education Code §25.092(d)

A school district shall notify a student’s parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six month period in the same school year that the student’s parent is subject to prosecution and the student is subject to a referral to truancy court.[1]

[1] Texas Education Code §25.095

If a student fails to attend school without an excuse for 10 or more days or parts of days within a six month period, a school district must within 10 school days of the student’s 10^th absence refer the student to truancy court.[1]  Additionally, a school district may file a complaint against the student’s parents in a county, justice, or municipal court if the school district provides evidence of a parent’s criminal negligence.[2]

[1] Texas Education Code §25.091

[2] Texas Education Code §25.091(b)