Texas Education Code Title 2, Chapter 37 - Discipline; Law And Order

SUBCHAPTER A ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT

• Texas Section 37.001 - Student Code Of Conduct
  Sec. 37.001. STUDENT CODE OF CONDUCT. Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 487 (S.B. 1541), Sec. 1 (a) The...
• Texas Section 37.0011 - Use Of Corporal Punishment
  (a) In this section, "corporal punishment" means the deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as...
• Texas Section 37.0012 - Designation Of Campus Behavior Coordinator
  (a) A person at each campus must be designated to serve as the campus behavior coordinator. The person designated may be the principal of the...
• Texas Section 37.002 - Removal By Teacher
  (a) A teacher may send a student to the campus behavior coordinator's office to maintain effective discipline in the classroom. The campus behavior coordinator shall...
• Texas Section 37.0021 - Use Of Confinement, Restraint, Seclusion, And Time-out
  (a) It is the policy of this state to treat with dignity and respect all students, including students with disabilities who receive special education services...
• Texas Section 37.0022 - Removal By School Bus Driver
  (a) The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the...
• Texas Section 37.003 - Placement Review Committee
  (a) 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...
• Texas Section 37.004 - Placement Of Students With Disabilities
  (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...
• Texas Section 37.005 - Suspension
  (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...
• Texas Section 37.0051 - Placement Of Students Committing Sexual Assault Against Another Student
  (a) As provided by Section 25.0341(b)(2), a student shall be removed from class and placed in a disciplinary alternative education program under Section 37.008 or...
• Texas Section 37.006 - Removal For Certain Conduct
  (a) A student shall be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 if the student: (1)...
• Texas Section 37.0061 - Funding For Alternative Education Services In Juvenile Residential Facilities
  A school district that provides education services to pre-adjudicated and post-adjudicated students who are confined by court order in a juvenile residential facility operated by...
• Texas Section 37.0062 - Instructional Requirements For Alternative Education Services In Juvenile Residential Facilities
  (a) The commissioner shall determine the instructional requirements for education services provided by a school district or open-enrollment charter school in a pre-adjudication secure detention...
• Texas Section 37.007 - Expulsion For Serious Offenses
  (a) Except as provided by Subsection (k), a student shall be expelled from a school if the student, on school property or while attending a...
• Texas Section 37.008 - Disciplinary Alternative Education Programs
  (a) 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)...
• Texas Section 37.0081 - Expulsion And Placement Of Certain Students In Alternative Settings
  (a) Subject to Subsection (h), but notwithstanding any other provision of this subchapter, the board of trustees of a school district, or the board's designee,...
• Texas Section 37.0082 - Assessment Of Academic Growth Of Students In Disciplinary Alternative Education Programs
  (a) To assess a student's academic growth during placement in a disciplinary alternative education program, a school district shall administer to a student placed in...
• Texas Section 37.009 - Conference; Hearing; Review
  (a) Not later than the third class day after the day on which a student is removed from class by the teacher under Section 37.002(b)...
• Texas Section 37.0091 - Notice To Noncustodial Parent
  (a) A noncustodial parent may request in writing that a school district or school, for the remainder of the school year in which the request...
• Texas Section 37.010 - Court Involvement
  (a) Not later than the second business day after the date a hearing is held under Section 37.009, the board of trustees of a school...
• Texas Section 37.011 - Juvenile Justice Alternative Education Program
  (a) The juvenile board of a county with a population greater than 125,000 shall develop a juvenile justice alternative education program, subject to the approval...
• Texas Section 37.012 - Funding Of Juvenile Justice Alternative Education Programs
  (a) Subject to Section 37.011(n), the school district in which a student is enrolled on the date the student is expelled for conduct for which...
• Texas Section 37.013 - Coordination Between School Districts And Juvenile Boards
  The board of trustees of the school district or the board's designee shall at the call of the president of the board of trustees regularly...
• Texas Section 37.014 - Court-related Children--liaison Officers
  Each school district shall appoint at least one educator to act as liaison officer for court-related children who are enrolled in the district. The liaison...
• Texas Section 37.015 - Reports To Local Law Enforcement; Liability
  (a) The principal of a public or private primary or secondary school, or a person designated by the principal under Subsection (d), shall notify any...
• Texas Section 37.016 - Report Of Drug Offenses; Liability
  A teacher, school administrator, or school employee is not liable in civil damages for reporting to a school administrator or governmental authority, in the exercise...
• Texas Section 37.017 - Destruction Of Certain Records
  Information received by a school district under Article 15.27, Code of Criminal Procedure, may not be attached to the permanent academic file of the student...
• Texas Section 37.018 - Information For Educators
  Each school district shall provide each teacher and administrator with a copy of this subchapter and with a copy of the local policy relating to...
• Texas Section 37.0181 - Professional Development Regarding Disciplinary Procedures
  (a) Each principal or other appropriate administrator who oversees student discipline shall, at least once every three school years, attend professional development training regarding this...
• Texas Section 37.019 - Emergency Placement Or Expulsion
  (a) This subchapter does not prevent the principal or the principal's designee from ordering the immediate placement of a student in a disciplinary alternative education...
• Texas Section 37.020 - Reports Relating To Expulsions And Disciplinary Alternative Education Program Placements
  (a) In the manner required by the commissioner, each school district shall annually report to the commissioner the information required by this section. (b) For...
• Texas Section 37.021 - Opportunity To Complete Courses During In-school And Certain Other Placements
  (a) If a school district removes a student from the regular classroom and places the student in in-school suspension or another setting other than a...

SUBCHAPTER B SCHOOL-COMMUNITY GUIDANCE CENTERS

• Texas Section 37.022 - Notice Of Disciplinary Action
  (a) In this section: (1) "Disciplinary action" means a suspension, expulsion, placement in an alternative education program, or other limitation in enrollment eligibility of a...
• Texas Section 37.051 - Establishment
  Each school district may establish a school-community guidance center designed to locate and assist children with problems that interfere with education, including juvenile offenders and...
• Texas Section 37.052 - Cooperative Programs
  The board of trustees of a school district may develop cooperative programs with state youth agencies for children found to have engaged in delinquent conduct....
• Texas Section 37.053 - Cooperation Of Governmental Agencies
  (a) Each governmental agency that is concerned with children and that has jurisdiction in the school district shall cooperate with the school-community guidance centers on...
• Texas Section 37.054 - Parental Notice, Consent, And Access To Information
  (a) Before a student is admitted to a school-community guidance center, the administrator of the center must notify the student's parent or guardian that the...
• Texas Section 37.055 - Parental Involvement
  (a) On admitting a student to a school-community guidance center, a representative of the school district, the student, and the student's parent shall develop an...

SUBCHAPTER C LAW AND ORDER

• Texas Section 37.056 - Court Supervision
  (a) In this section, "court" means a juvenile court or alternate juvenile court designated under Chapter 51, Family Code. The court may delegate responsibility under...
• Texas Section 37.081 - School District Peace Officers And Security Personnel
  (a) The board of trustees of any school district may employ security personnel and may commission peace officers to carry out this subchapter. If a...
• Texas Section 37.0811 - School Marshals
  (a) The board of trustees of a school district or the governing body of an open-enrollment charter school may appoint not more than one school...
• Texas Section 37.0812 - Training Policy: School District Peace Officers And School Resource Officers
  A school district with an enrollment of 30,000 or more students that commissions a school district peace officer or at which a school resource officer...
• Texas Section 37.082 - Possession Of Paging Devices
  (a) The board of trustees of a school district may adopt a policy prohibiting a student from possessing a paging device while on school property...
• Texas Section 37.083 - Discipline Management Programs; Sexual Harassment Policies
  (a) Each school district shall adopt and implement a discipline management program to be included in the district improvement plan under Section 11.252. The program...
• Texas Section 37.0831 - Dating Violence Policies
  (a) Each school district shall adopt and implement a dating violence policy to be included in the district improvement plan under Section 11.252. (b) A...
• Texas Section 37.0832 - Bullying Prevention Policies And Procedures
  (a) In this section, "bullying" means, subject to Subsection (b), engaging in written or verbal expression, expression through electronic means, or physical conduct that occurs...
• Texas Section 37.084 - Interagency Sharing Of Records
  (a) A school district superintendent or the superintendent's designee shall disclose information contained in a student's educational records to a juvenile service provider as required...

SUBCHAPTER D PROTECTION OF BUILDINGS AND GROUNDS

• Texas Section 37.085 - Arrests Prohibited For Certain Class C Misdemeanors
  Notwithstanding any other provision of law, a warrant may not be issued for the arrest of a person for a Class C misdemeanor under this...
• Texas Section 37.101 - Applicability Of Criminal Laws
  The criminal laws of the state apply in the areas under the control and jurisdiction of the board of trustees of any school district in...
• Texas Section 37.102 - Rules; Penalty
  (a) The board of trustees of a school district may adopt rules for the safety and welfare of students, employees, and property and other rules...
• Texas Section 37.103 - Enforcement Of Rules
  Notwithstanding any other provision of this subchapter, the board of trustees of a school district may authorize any officer commissioned by the board to enforce...
• Texas Section 37.104 - Courts Having Jurisdiction
  The judge of a municipal court of a municipality in which, or any justice of the peace of a county in which, property under the...
• Texas Section 37.105 - Unauthorized Persons: Refusal Of Entry, Ejection, Identification
  The board of trustees of a school district or its authorized representative may refuse to allow a person without legitimate business to enter on property...
• Texas Section 37.106 - Vehicle Identification Insignia
  The board of trustees of a school district may provide for the issuance and use of suitable vehicle identification insignia. The board may bar or...
• Texas Section 37.107 - Trespass On School Grounds
  An unauthorized person who trespasses on the grounds of any school district of this state commits an offense. An offense under this section is a...
• Texas Section 37.108 - Multihazard Emergency Operations Plan; Safety And Security Audit
  (a) Each school district or public junior college district shall adopt and implement a multihazard emergency operations plan for use in the district's facilities. The...
• Texas Section 37.1081 - School Safety Certification Program
  (a) The Texas School Safety Center, in consultation with the School Safety Task Force established under Section 37.1082, shall develop a school safety certification program....
• Texas Section 37.1082 - School Safety Task Force
  (a) The School Safety Task Force is established to: (1) study, on an ongoing basis, best practices for school multihazard emergency operations planning; and (2)...
• Texas Section 37.109 - School Safety And Security Committee
  (a) In accordance with guidelines established by the Texas School Safety Center, each school district shall establish a school safety and security committee. (b) The...

SUBCHAPTER E PENAL PROVISIONS

• Texas Section 37.110 - Information Regarding Gang-free Zones
  The superintendent of each public school district and the administrator of each private elementary or secondary school located in the public school district shall ensure...
• Texas Section 37.121 - Fraternities, Sororities, Secret Societies, And Gangs
  (a) A person commits an offense if the person: (1) is a member of, pledges to become a member of, joins, or solicits another person...
• Texas Section 37.122 - Possession Of Intoxicants On Public School Grounds
  (a) A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while: (1) on the grounds or in...
• Texas Section 37.123 - Disruptive Activities
  (a) A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property...
• Texas Section 37.124 - Disruption Of Classes
  (a) A person other than a primary or secondary grade student enrolled in the school commits an offense if the person, on school property or...
• Texas Section 37.125 - Exhibition Of Firearms
  (a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property,...

SUBCHAPTER E-1 CRIMINAL PROCEDURE

• Texas Section 37.126 - Disruption Of Transportation
  (a) Except as provided by Section 37.125, a person other than a primary or secondary grade student commits an offense if the person intentionally disrupts,...
• Texas Section 37.141 - Definitions
  In this subchapter: (1) "Child" means a person who is: (A) a student; and (B) at least 10 years of age and younger than 18...
• Texas Section 37.142 - Conflict Of Law
  To the extent of any conflict, this subchapter controls over any other law applied to a school offense alleged to have been committed by a...
• Texas Section 37.143 - Citation Prohibited; Custody Of Child
  (a) A peace officer, law enforcement officer, or school resource officer may not issue a citation to a child who is alleged to have committed...
• Texas Section 37.144 - Graduated Sanctions For Certain School Offenses
  (a) A school district that commissions peace officers under Section 37.081 may develop a system of graduated sanctions that the school district may require to...
• Texas Section 37.145 - Complaint
  If a child fails to comply with or complete graduated sanctions under Section 37.144, or if the school district has not elected to adopt a...
• Texas Section 37.146 - Requisites Of Complaint
  (a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45.019, Code of Criminal Procedure: (1)...
• Texas Section 37.147 - Prosecuting Attorneys
  An attorney representing the state in a court with jurisdiction may adopt rules pertaining to the filing of a complaint under this subchapter that the...

SUBCHAPTER F HAZING

• Texas Section 37.148 - Right To Report Crime
  (a) An employee of a school district or open-enrollment charter school may report a crime witnessed at the school to any peace officer with authority...
• Texas Section 37.151 - Definitions
  In this subchapter: (1) "Educational institution" includes a public or private high school. (2) "Pledge" means any person who has been accepted by, is considering...
• Texas Section 37.152 - Personal Hazing Offense
  (a) A person commits an offense if the person: (1) engages in hazing; (2) solicits, encourages, directs, aids, or attempts to aid another in engaging...
• Texas Section 37.153 - Organization Hazing Offense
  (a) An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni...
• Texas Section 37.154 - Consent Not A Defense
  It is not a defense to prosecution of an offense under this subchapter that the person against whom the hazing was directed consented to or...
• Texas Section 37.155 - Immunity From Prosecution Available
  In the prosecution of an offense under this subchapter, the court may grant immunity from prosecution for the offense to each person who is subpoenaed...
• Texas Section 37.156 - Offenses In Addition To Other Penal Provisions
  This subchapter does not affect or repeal any penal law of this state. This subchapter does not limit or affect the right of an educational...

SUBCHAPTER G TEXAS SCHOOL SAFETY CENTER

• Texas Section 37.157 - Reporting By Medical Authorities
  A doctor or other medical practitioner who treats a student who may have been subjected to hazing activities: (1) may report the suspected hazing activities...
• Texas Section 37.201 - Definition
  In this subchapter, "center" means the Texas School Safety Center. Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.
• Texas Section 37.202 - Purpose
  The purpose of the center is to serve as: (1) a central location for school safety and security information, including research, training, and technical assistance...
• Texas Section 37.203 - Board
  Sec. 37.203. BOARD. (a) The center is advised by a board of directors composed of: (1) the attorney general, or the attorney general's designee; (2)...
• Texas Section 37.204 - Officers; Meetings; Compensation
  (a) The board shall annually elect from among its members a chairperson and a vice chairperson. (b) The board shall meet at least four times...
• Texas Section 37.205 - Safety Training Programs
  The center shall conduct for school districts a safety training program that includes: (1) development of a positive school environment and proactive safety measures designed...
• Texas Section 37.207 - Model Safety And Security Audit Procedure
  (a) The center shall develop a model safety and security audit procedure for use by school districts and public junior college districts that includes: (1)...
• Texas Section 37.208 - On-site Assistance
  On request of a school district, the center may provide on-site technical assistance to the district for: (1) school safety and security audits; and (2)...
• Texas Section 37.209 - Center Website
  The center shall develop and maintain an interactive Internet website that includes: (1) quarterly news updates related to school safety and security and violence prevention;...
• Texas Section 37.2091 - Registry Of Persons Providing School Safety Or Security Consulting Services
  (a) In this section, "school safety or security consulting services" includes any service provided to a school district, institution of higher education, district facility, or...
• Texas Section 37.211 - Recognition Of Schools
  The center shall provide for the public recognition of schools that implement effective school safety measures and violence prevention. Added by Acts 2001, 77th Leg.,...
• Texas Section 37.212 - Interagency Cooperation
  The center shall promote cooperation between state agencies, institutions of higher education, and any local juvenile delinquency prevention councils to address discipline and safety issues...
• Texas Section 37.2121 - Memoranda Of Understanding And Mutual Aid Agreements
  (a) The center shall identify and inform school districts of the types of entities, including local and regional authorities, other school districts, and emergency first...
• Texas Section 37.213 - Public Junior Colleges
  (a) In this section, "public junior college" has the meaning assigned by Section 61.003. (b) The center shall research best practices regarding emergency preparedness of...
• Texas Section 37.214 - Authority To Accept Certain Funds
  The center may solicit and accept gifts, grants, and donations from public and private entities to use for the purposes of this subchapter. Added by...
• Texas Section 37.215 - Budget
  (a) The board shall annually approve a budget for the center. (b) The center shall biannually prepare a budget request for submission to the legislature....
• Texas Section 37.216 - Biennial Report
  (a) Not later than January 1 of each odd-numbered year, the board shall provide a report to the governor, the legislature, the State Board of...
• Texas Section 37.2161 - School Safety And Security Progress Report
  (a) The center shall periodically provide a school safety and security progress report to the governor, the legislature, the State Board of Education, and the...
• Texas Section 37.217 - Community Education Relating To Internet Safety
  (a) The center, in cooperation with the attorney general, shall develop a program that provides instruction concerning Internet safety, including instruction relating to: (1) the...

SUBCHAPTER I PLACEMENT OF REGISTERED SEX OFFENDERS

• Texas Section 37.218 - Programs On Dangers Of Students Sharing Visual Material Depicting Minor Engaged In Sexual Conduct
  (a) In this section: (1) "Bullying" has the meaning assigned by Section 25.0342. (2) "Cyberbullying" means the use of any electronic communication device to engage...
• Texas Section 37.301 - Definition
  In this subchapter, "board of trustees" includes the board's designee. Added by Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 3, eff. June...
• Texas Section 37.302 - Applicability
  This subchapter: (1) applies to a student who is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; and (2)...
• Texas Section 37.303 - Removal Of Registered Sex Offender From Regular Classroom
  Notwithstanding any provision of Subchapter A, on receiving notice under Article 15.27, Code of Criminal Procedure, or Chapter 62, Code of Criminal Procedure, that a...
• Texas Section 37.304 - Placement Of Registered Sex Offender Who Is Under Court Supervision
  (a) A school district shall place a student to whom this subchapter applies and who is under any form of court supervision, including probation, community...
• Texas Section 37.305 - Placement Of Registered Sex Offender Who Is Not Under Court Supervision
  A school district may place a student to whom this subchapter applies and who is not under any form of court supervision in the appropriate...
• Texas Section 37.306 - Review Of Placement In Alternative Education Program
  (a) At the end of the first semester of a student's placement in an alternative education program under Section 37.304 or 37.305, the school district...
• Texas Section 37.307 - Placement And Review Of Student With Disability
  (a) The placement under this subchapter of a student with a disability who receives special education services must be made in compliance with the Individuals...
• Texas Section 37.308 - Transfer Of Registered Sex Offender
  Except as provided by Section 37.304(b), a school district shall determine whether to place a student to whom this subchapter applies and who transfers to...
• Texas Section 37.309 - Placement In Disciplinary Alternative Education Program Or Juvenile Justice Alternative Education Program
  (a) Except as provided by Subsection (b), a school district shall place a student who is required by the board of trustees to attend an...
• Texas Section 37.310 - Funding For Registered Sex Offender Placed In Juvenile Justice Alternative Education Program
  A juvenile justice alternative education program is entitled to funding for a student who is placed in the program under this subchapter in the same...
• Texas Section 37.311 - Conference
  (a) A student or the student's parent or guardian may appeal a decision by a school district board of trustees to place the student in...
• Texas Section 37.312 - Liability
  This subchapter does not: (1) waive any liability or immunity of a governmental entity or its officers or employees; or (2) create any liability for...
• Texas Section 37.313 - Conflicts Of Law
  To the extent of any conflict between a provision of this subchapter and a provision of Subchapter A, this subchapter prevails. Added by Acts 2007,...

Last modified: September 28, 2016