Texas Education Code

§ 37.005 — SUSPENSION

ED § 37.005Title 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 principal or other appropriate administrator may suspend a student who engages in conduct identified in the student code of conduct adopted under Section 37.001 as conduct for which a student may be subject to an in-school or out-of-school suspension.

(b)An out-of-school suspension under this section may not exceed three school days. An in-school suspension under this section is not subject to any time limit. (b-1) A school's principal or other appropriate administrator shall review the in-school suspension of a student under this section at least once every 10 school days after the date the suspension begins to evaluate the educational progress of the student and to determine if continued in-school suspension is appropriate. If the principal or other appropriate administrator determines that continued in-school suspension is appropriate, the principal or other appropriate administrator shall document the determination. (b-2) A school shall provide a student subject to an in-school suspension under this section with appropriate behavioral support services and comparable educational services as the student would receive in the classroom. If the student receives special education services under Subchapter A, Chapter 29, the student must:

(1)continue to receive special education and related services specified in the student's individualized education program; and

(2)continue to have an opportunity to progress in the general curriculum.

(c)A student who is enrolled in a grade level below grade three may not be placed in out-of-school suspension unless while on school property or while attending a school-sponsored or school-related activity on or off of school property, the student engages in:

(1)conduct that contains the elements of an offense related to weapons under Section 46.02 or 46.05, Penal Code;

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Legislative history

Acts 2017, 85th Leg., R.S., Ch. 696 (H.B. 674), Sec. 2, eff. June 12, 2017. Acts 2019, 86th Leg., R.S., Ch. 479 (H.B. 692), Sec. 1, eff. June 7, 2019. Acts 2019, 86th Leg., R.S., Ch. 1150 (H.B. 3012), Sec. 1, eff. June 14, 2019. Acts 2025, 89th Leg., R.S., Ch. 1066 (H.B. 6), Sec. 9, eff. June 20, 2025.