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 students when they obtain 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

Yes.  A school district may charge a reasonable fee for copies of materials provided to a parent.

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.

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 make a video or audio recording of a child without parental consent if the video or audio 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.

Peer grading, in which students grade others’ work and call out grades, is permitted, does not violate FERPA, and the practice is encouraged. [1]

[1] Owasso v. Falvo, 543 U.S. 426 (2002)

A student’s state test scores are confidential.[1]  Test scores can only be released as permitted by FERPA.  Public release of state test information cannot contain names of the students or otherwise implicitly identify the students but may contain information regarding ethnicity, grade, subject, etc.  In addition to the protection under the Texas Education Code, FERPA provides that all test scores are confidential.

[1] Texas Education Code §39.030

A parent or guardian of a student is entitled to access to the student’s medical records maintained by a school district.  Further, a school administrator, nurse, or teacher is entitled to access a student’s medical record maintained by the school district for reasons set forth in a school district’s policy.  A school administrator, nurse, or teacher who views medical records shall maintain the confidentiality of those records.

No, a parent must consent in writing before a school employee may conduct a psychological exam, test or treatment (except with regard to investigation of child abuse).

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

FERPA allows 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, are used only as the counselor’s personal memory aid, and 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,” contained in section 611 .001(2) of the Health and Safety Code, and further, the counselor must have made a determination that release” of such record “would be harmful to the patient’s physical, mental, or emotional health.”   If these requirements are not met, a 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.

Yes, school employees may search if there is a reasonable suspicion of finding evidence of wrongdoing.  School employees have a right to conduct searches of a student, but those searches are governed by the Fourth Amendment of the United States constitution. A search, including a strip search, meets the standards of the Fourth Amendment when the search is (1) justified at inception in that there are reasonable grounds for suspecting that the search will turn up evidence that the student violated or is violating the law or school rules, and (2) the search is reasonably related in scope to the circumstances that the justify the interference in the first place, meaning that the measures used are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

In order to conduct a strip search, school employees must have information leading them to believe that there is at least a moderate chance of finding evidence of wrongdoing.  Otherwise, the search will be excessive in scope and violate the Fourth Amendment.

Each school district is required to adopt a grievance procedure under which the board shall address each complaint that the board receives concerning a privacy violation.  It is important to be aware of the grievance procedures and the timelines associated with such grievance procedures.

It is important to follow the school district’s policies regarding obtaining a child’s information.  However, if the school district is withholding information that a parent seeks based on a decision by the attorney general, a parent should hire an attorney well versed in education law and consider filing a lawsuit against the school district.  The lawsuit must be brought not later than the 30^th calendar day after the school received the decision of the attorney general.

Parents have the following rights:

1. Petition the Board of Trustees designation the school in the district that the parents child will attend;
2. Reasonable access to the school principal or a designated administrator with authority to reassign a student, request a change in class or teacher to which parent’s child has been assigned, if the reassignment or change wouldn’t affect the assignment or reassignment of another student; and
3. Request with the expectation that the request won’t be unreasonably denied:
   1. Addition of a specific academic class in the course of study of a parent’s child in keeping with the required curriculum if sufficient interest is shown in addition of the class to make economic sense to offer it;
   2. That the parent’s child be permitted to attend a class for a credit above the child’s grade level unless the board of trustees expects that the child can’t perform satisfactorily in the class; and
   3. That the parent’s child be permitted to graduate from high school earlier than the child would normally graduate if they complete each course required for graduation and such child can participate in graduation ceremonies.[1]

[1] Texas Education Code §26.003

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.

A parent can go to any school board meeting except for closed meetings.[1]

[1] Texas Education Code §26.007

No, a school district is not required to conduct a hearing in an open session if it will disclose identifiable information about a student younger than 18. This prohibition does not apply if the student is 18 or older, or if the parent or guardian of the minor child requests an open hearing.

TEA shall produce and provide to school districts sufficient copies of comprehensive, easily understood document that explains the process by which an individualized education program is developed for a parent’s child in a special education program and the rights and responsibility of a parent concerning the process.  The document must include information a parent needs to effectively participate in admission, review, and dismissal committee for the parent’s child.[1]

[1] Texas Education Code §26.0081 (a)-(b)

TEA shall produce and provide to school districts a written explanation of the options and requirements for providing for students who have learning difficulties. The explanation must state that a parent at any time may request an evaluation of the child for special education services, or for aids, accommodations, or other services under Section 504.  Each district must provide to a parent of each student by including the explanation in the student handbook or other means.[1]

Each school year, the school district must notify a parent of each child who receives assistance from the district for learning difficulties.  The notice must: (1) be provided when the child begins to receive assistance for that school year, (2) be written in English or to the extent practicable, the parent’s native language, and (3) include a reasonable description of the assistance that may be provided to the child, including: any intervention strategies; information regarding any intervention in the base tier of a multi-tiered system of supports that has been previously used with the child; an estimate for the duration  for which the assistance will be provided, and a copy of the explanation that the TEA provided to the school district.[2]

[1] Texas Education Code §26.0081 (c)

[2] Texas Education Code §26.0081(d)

A parent is entitled to remove a student from class or other school activity that conflicts with the parent’s moral or religious beliefs if the parent presents or delivers to the student’s teacher a written statement authorizing the removal of a child from the class or other school activity.  A parent may not remove a student to prevent the child from taking a test or to prevent the child from taking the subject for an entire semester.[1]

[1] Texas Education Code §26.010

Any child that on September 1^st of any school year is at least 5 years of age and under 21 years age may be enrolled in school.[1]

[1] A student between 21 and 25 may be admitted to school in order to complete their graduation requirements.  Texas Education Code §25.001(a)

The following individuals are eligible for admission in a school district:

1. The child or either parent of the child resides in the school district;
2. The child does not reside in the school district, but a parent of the child resides in the school district and that parent is a joint managing conservator, sole managing conservator, or possessory conservator of the child.
3. The child and the child’s guardian reside in the school district;
4. The child has established a separate residence;
5. The child is homeless;
6. The child is a foreign exchange student placed with a host family that resides in the school district;
7. The child resides in a residential facility in the school district;
8. The child resides in the school district and is 18 years or older;
9. The child does not reside in the school district but the grandparent of the child resides in the school district and provides a substantial amount of after-school care for the child.[1]

[1] Texas Education Code §25.001(b)

Yes, a school district may require evidence that a person is eligible to attend schools in the school district.[1]

[1] Texas Education Code §25.001(c)

The following information regarding a student shall be submitted to the school district:

1. Child’s birth certificate;
2. If a child has previously been enrolled in school, a copy of their school records; and
3. Record showing that the child has received all of the required immunizations.[1]

[1] Texas Education Code §25.002(a)

A student is required to be fully immunized against the following: diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis.[1]

[1] Texas Education Code §38.001

Yes.  The following exceptions for the required immunizations exist:

1. The applicant or the parent on behalf of the applicant, if the applicant is a minor, must submit an affidavit or certificate signed by a physician, in which it states that the immunization required poses a significant risk to the health and well-being of the applicant or any member of the applicant’s family;
2. The applicant or the parent of an applicant, if the applicant is a minor, must submit an affidavit that the applicant denies immunizations for reasons of conscious, including religious beliefs; or
3. The applicant is a member of the armed forces on active duty.[1]

[1] Texas Education Code §38.001(c)

Yes.  A parent must disclose to a school district whether the child has a food allergy or severe food allergy that, in the judgment of the parent or other person with legal control, should be disclosed to the district to enable the district to take any necessary precautions and specify the food to which the child is allergic and the nature of the allergic reaction.[1]

[1] Texas Education Code §25.0022

Yes, 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)

Each school year a student’s parent or guardian must provide a written, signed statement in the manner set forth by the school board.[1]

[1] Texas Education Code §37.0011(c)

The statement may be revoked at any time by submitting a written, signed revocation in a manner set forth by the school board.[1]

[1] Texas Education Code §37.0011(d)

Yes, 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

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 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

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

[1] Texas Education Code §37.006(l)

A student cannot be placed in disciplinary alternative education for more than a 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)

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 no 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:

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 or off 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 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)

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]

For additional information about discipline issues, see here.

[1] Texas Education Code §37.009(h)

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)

Yes^[1], and the school can request that the parent 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)

The school district must accommodate the parent to ensure that the parent may participate in the child’s ARD or in the child’s team established under Section 504.[1]

[1] Texas Education Code §37.105(e)

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 person 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 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

Yes. A parent commits an offense if the parent has received the required notice regarding the consequence of a student not attending school, the parent with criminal negligence fails to require the child to attend school, and the child has absences for ten or more days or parts of days within a six-month period in the same school year.[1]

[1] Texas Education Code §25.093

It is a misdemeanor punishable by fine only.  The first offense $100, the second offense $200, $300 for the third offense, $400 for the fourth offense, and $500 for the fifth and subsequent offense.  Note, each day the child remains out of school may constitute a separate offense.[1]

[1] Texas Education Code §25.093

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)

A child engages in truant conduct if the child fails to attend school on 10 or more days or parts of day within a six month period in the same school year.[1]

[1] Texas Family Code §65.003

Truant conduct may be prosecuted only as a civil case in truancy court.[1]  A child alleged to have engaged in truant conduct is entitled to a jury trial.[2]

[1] Texas Family Code §65.004

[2] Texas Family Code §65.007

The court may enter into a remedial order requiring a child who has been found to have engaged in truant conduct to:

1. Attend school without unexcused absences;
2. Attend a preparatory class for the high school equivalency exam, if the court determines that the individual is unlikely to do well in a formal classroom environment due to the individual’s age;
3. If the child is at least 16 years of age, take the high school equivalency examination, if that is in the best interest of the child;
4. Attend a nonprofit, community-based special program that the court determines to be in the best interest of the child, including: an alcohol and drug abuse program, a rehabilitation program, a counseling program, a program that provides training in self-esteem and leadership, a work and job skills training program, a program that provides training in parenting, including parental responsibility, a program that provides training in manners, a program that provides training violence avoidance, a program that provides sensitivity training, and a program that provides training in advocacy and mentoring;
5. Complete not more than 50 hours of community service on a project acceptable to the court; and
6. Participate for a specified number of hours in a tutorial program covering the academic subjects in which the child is enrolled that are provided by the school the child attends.

Further, a truancy court may order the Department of Public Safety to suspend the driver’s license or permit of a child who has been found to have engaged in truant conduct. If the child does not already have a driver’s license or permit, the court may order that the Department of Public Safety to deny the issuance of a license or permit to a child.[1]

[1] Texas Family Code §65.103

A truancy court may not order a child who has been found to be truant to attend a juvenile justice alternative education program, boot camp, or for-profit truancy class or perform more than 16 hours of community service per week.[1]

[1] Texas Family Code §65.103(b)

A student has the right to free speech to express their beliefs, thoughts, ideas, opinions, and emotions, including: not speaking; symbolic speech; displaying symbols like 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/or school-sponsored speech.

Yes, 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 is considered to be “symbolic speech” and is protected by the First Amendment as long as the student is 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.