Texas Education Code

§ 37.004 — PLACEMENT OF STUDENTS WITH DISABILITIES

ED § 37.004Title 2. PUBLIC EDUCATION · Part G. SAFE SCHOOLS · Ch. 37. DISCIPLINE; LAW AND ORDER · Art. A. ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT

Statute text

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(a)The placement of a student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal committee.

(b)Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law may be taken only after the student's admission, review, and dismissal committee conducts a manifestation determination review under 20 U.S.C. Section 1415(k)(4) and its subsequent amendments. Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of:

(1)functional behavioral assessments;

(2)positive behavioral interventions, strategies, and supports;

(3)behavioral intervention plans; and

(4)the manifestation determination review. (b-1) If a school district takes a disciplinary action regarding a student with a disability who receives special education services that constitutes a change in placement under federal law, the district shall:

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Legislative history

Acts 2021, 87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 3, eff. June 4, 2021.