Tex. Educ. Code Section 37.006
Removal for Certain Conduct


(a)

Subject to the requirements of Section 37.009 (Conference; Hearing; Review)(a), a student shall be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 (Disciplinary Alternative Education Programs) if the student:

(1)

engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06 (False Alarm or Report), Penal Code, or terroristic threat under Section 22.07 (Terroristic Threat), Penal Code; or

(2)

commits the following on or within 300 feet of school property, as measured from any point on the school’s real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:

(A)

engages in conduct punishable as a felony;

(B)

engages in conduct that contains the elements of the offense of assault under Section 22.01 (Assault)(a)(1), Penal Code;

(C)

sells, gives, or delivers to another person or possesses or uses or is under the influence of:
(i)
a controlled substance, as defined by Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, or by 21 U.S.C. Section 801 et seq., excluding marihuana, as defined by Section 481.002 (Definitions), Health and Safety Code, or tetrahydrocannabinol, as defined by rule adopted under Section 481.003 of that code; or
(ii)
a dangerous drug, as defined by Chapter 483 (Dangerous Drugs), Health and Safety Code;

(C-1)

possesses, uses, or is under the influence of, or sells, gives, or delivers to another person marihuana, as defined by Section 481.002 (Definitions), Health and Safety Code, or tetrahydrocannabinol, as defined by rule adopted under Section 481.003 of that code;

(C-2)

possesses, uses, sells, gives, or delivers to another person an e-cigarette, as defined by Section 161.081 (Definitions), Health and Safety Code;

(D)

sells, gives, or delivers to another person an alcoholic beverage, as defined by Section 1.04 (Definitions), Alcoholic Beverage Code, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage;

(E)

engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections 485.031 (Possession and Use) through 485.034 (Failure to Post Sign), Health and Safety Code;

(F)

engages in conduct that contains the elements of the offense of public lewdness under Section 21.07 (Public Lewdness), Penal Code, or indecent exposure under Section 21.08 (Indecent Exposure), Penal Code; or

(G)

engages in conduct that contains the elements of the offense of harassment under Section 42.07 (Harassment)(a)(1), (2), (3), or (7), Penal Code, against an employee of the school district.

(b)

Except as provided by Section 37.007 (Expulsion for Serious Offenses)(d), a student shall be removed from class and placed in a disciplinary alternative education program under Section 37.008 (Disciplinary Alternative Education Programs) if the student engages in conduct on or off of school property that contains the elements of the offense of retaliation under Section 36.06 (Obstruction or Retaliation), Penal Code, against any school employee.

(c)

In addition to Subsections (a) and (b), a student shall be removed from class and placed in a disciplinary alternative education program under Section 37.008 (Disciplinary Alternative Education Programs) 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 under Section 53.03 (Deferred Prosecution), Family Code, for conduct defined as:

(A)

a felony offense in Title 5, Penal Code; or

(B)

the felony offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code;

(2)

a court or jury finds that the student has engaged in delinquent conduct under Section 54.03 (Adjudication Hearing), Family Code, for conduct defined as:

(A)

a felony offense in Title 5, Penal Code; or

(B)

the felony offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code; or

(3)

the superintendent or the superintendent’s designee has a reasonable belief that the student has engaged in a conduct defined as:

(A)

a felony offense in Title 5, Penal Code; or

(B)

the felony offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code.

(d)

In addition to Subsections (a), (b), and (c), a student may be removed from class and placed in a disciplinary alternative education program under Section 37.008 (Disciplinary Alternative Education Programs) 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 superintendent or the superintendent’s designee has a reasonable belief that the student has engaged in conduct defined as a felony offense other than aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code, or those offenses defined in Title 5, Penal Code; and

(2)

the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.

(e)

In determining whether there is a reasonable belief that a student has engaged in conduct defined as a felony offense by the Penal Code, the superintendent or the superintendent’s designee may consider all available information, including the information furnished under Article 15.27 (Notification to Schools Required), Code of Criminal Procedure, other than information requested under Article 15.27 (Notification to Schools Required)(k-1), Code of Criminal Procedure.

(f)

Subject to Section 37.007 (Expulsion for Serious Offenses)(e), a student who is younger than 10 years of age shall be removed from class and placed in a disciplinary alternative education program under Section 37.008 (Disciplinary Alternative Education Programs) if the student engages in conduct described by Section 37.007 (Expulsion for Serious Offenses). An elementary school student may not be placed in a disciplinary alternative education program with any other student who is not an elementary school student.

(g)

The terms of a placement under this section must prohibit the student from attending or participating in a school-sponsored or school-related activity.

(h)

On receipt of notice under Article 15.27 (Notification to Schools Required)(g), Code of Criminal Procedure, the superintendent or the superintendent’s designee shall review the student’s placement in the disciplinary alternative education program. The student may not be returned to the regular classroom pending the review. The superintendent or the superintendent’s designee shall schedule a review of the student’s placement with the student’s parent or guardian not later than the third class day after the superintendent or superintendent’s designee receives notice from the office or official designated by the court. After reviewing the notice and receiving information from the student’s parent or guardian, the superintendent or the superintendent’s designee may continue the student’s placement in the disciplinary alternative education program if there is reason to believe that the presence of the student in the regular classroom threatens the safety of other students or teachers.

(i)

The student or the student’s parent or guardian may appeal the superintendent’s decision under Subsection (h) to the board of trustees. The student may not be returned to the regular classroom pending the appeal. The board shall, at the next scheduled meeting, review the notice provided under Article 15.27 (Notification to Schools Required)(g), Code of Criminal Procedure, and receive information from the student, the student’s parent or guardian, and the superintendent or superintendent’s designee and confirm or reverse the decision under Subsection (h). The board shall make a record of the proceedings. If the board confirms the decision of the superintendent or superintendent’s designee, the board shall inform the student and the student’s parent or guardian of the right to appeal to the commissioner under Subsection (j).

(j)

Notwithstanding Section 7.057 (Appeals)(e), the decision of the board of trustees under Subsection (i) may be appealed to the commissioner as provided by Sections 7.057 (Appeals)(b), (c), (d), and (f). The student may not be returned to the regular classroom pending the appeal.

(k)

Subsections (h), (i), and (j) do not apply to placements made in accordance with Subsection (a).

(l)

Notwithstanding any other provision of this code, other than Section 37.007 (Expulsion for Serious Offenses)(e)(2), a student who is younger than six years of age may not be removed from class and placed in a disciplinary alternative education program.

(m)

Removal to a disciplinary alternative education program under Subsection (a) is not required if the student is expelled under Section 37.007 (Expulsion for Serious Offenses) for the same conduct for which removal would be required.

(n)

A principal or other appropriate administrator may but is not required to remove a student to a disciplinary alternative education program for off-campus conduct for which removal is required under this section if the principal or other appropriate administrator does not have knowledge of the conduct before the first anniversary of the date the conduct occurred.

(o)

In addition to any notice required under Article 15.27 (Notification to Schools Required), Code of Criminal Procedure, a principal or a principal’s designee shall inform each educator who has responsibility for, or is under the direction and supervision of an educator who has responsibility for, the instruction of a student who has engaged in any violation listed in this section of the student’s misconduct. Each educator shall keep the information received under this subsection confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student’s parent or guardian as provided for by state or federal law. The State Board for Educator Certification may revoke or suspend the certification of an educator who intentionally violates this subsection.

(p)

On the placement of a student in a disciplinary alternative education program under this section, the school district shall provide information to the student’s parent or person standing in parental relation to the student regarding the process for requesting a full individual and initial evaluation of the student under Section 29.004 (Full Individual and Initial Evaluation).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 3, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.15, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 486, Sec. 1, eff. June 11, 2001; Acts 2003, 78th Leg., ch. 1055, Sec. 9, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 3, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 1, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 451 (S.B. 2135), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 698 (S.B. 2432), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 542 (H.B. 3928), Sec. 4, eff. June 10, 2023.
Acts 2023, 88th Leg., R.S., Ch. 797 (H.B. 114), Sec. 1, eff. September 1, 2023.

Source: Section 37.006 — Removal for Certain Conduct, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­37.­htm#37.­006 (accessed Feb. 24, 2024).

37.001
Student Code of Conduct
37.002
Removal by Teacher
37.003
Placement Review Committee
37.004
Placement of Students with Disabilities
37.005
Suspension
37.006
Removal for Certain Conduct
37.007
Expulsion for Serious Offenses
37.008
Disciplinary Alternative Education Programs
37.009
Conference
37.010
Court Involvement
37.0011
Use of Corporal Punishment
37.011
Juvenile Justice Alternative Education Program
37.0012
Designation of Campus Behavior Coordinator
37.012
Funding of Juvenile Justice Alternative Education Programs
37.0013
Positive Behavior Program
37.013
Coordination Between School Districts and Juvenile Boards
37.014
Court-related Children--liaison Officers
37.015
Reports to Local Law Enforcement
37.016
Report of Drug Offenses
37.017
Destruction of Certain Records
37.018
Information for Educators
37.019
Emergency Placement or Expulsion
37.020
Reports Relating to Out-of-school Suspensions, Expulsions, and Disciplinary Alternative Education Program Placements
37.0021
Use of Confinement, Restraint, Seclusion, and Time-out
37.021
Opportunity to Complete Courses During In-school and Certain Other Placements
37.0022
Removal by School Bus Driver
37.022
Notice of Disciplinary Action
37.0023
Prohibited Aversive Techniques
37.023
Transition from Alternative Education Program to Regular Classroom
37.0051
Placement of Students Committing Sexual Assault Against Another Student
37.051
Establishment
37.0052
Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior
37.052
Cooperative Programs
37.053
Cooperation of Governmental Agencies
37.054
Parental Notice, Consent, and Access to Information
37.055
Parental Involvement
37.056
Court Supervision
37.0061
Funding for Alternative Education Services in Juvenile Residential Facilities
37.0062
Instructional Requirements for Alternative Education Services in Juvenile Residential Facilities
37.0081
Expulsion and Placement of Certain Students in Alternative Settings
37.081
School District Peace Officers, School Resource Officers, and Security Personnel
37.0082
Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs
37.082
Possession of Paging Devices
37.083
Discipline Management Programs
37.084
Interagency Sharing of Records
37.085
Arrests Prohibited for Certain Class C Misdemeanors
37.086
Required Posting of Warning Signs of Increased Trafficking Penalties
37.087
Immunity from Liability
37.089
Role of Persons Carrying a Firearm on School Grounds
37.0091
Notice to Noncustodial Parent
37.101
Applicability of Criminal Laws
37.102
Rules
37.103
Enforcement of Rules
37.104
Courts Having Jurisdiction
37.105
Unauthorized Persons: Refusal of Entry, Ejection, Identification
37.106
Vehicle Identification Insignia
37.107
Trespass on School Grounds
37.108
Multihazard Emergency Operations Plan
37.109
School Safety and Security Committee
37.110
Information Regarding Gang-free Zones
37.113
Notification Regarding Bomb Threat or Terroristic Threat
37.114
Best Practices for Emergency School Drills and Exercises
37.115
Threat Assessment and Safe and Supportive School Program and Team
37.117
Silent Panic Alert Technology
37.119
Certain Private Provider Access to School Safety Training
37.121
Fraternities, Sororities, Secret Societies, and Gangs
37.122
Possession of Intoxicants on Public School Grounds
37.123
Disruptive Activities
37.124
Disruption of Classes
37.125
Exhibition, Use, or Threat of Exhibition or Use of Firearms
37.126
Disruption of Transportation
37.141
Definitions
37.142
Conflict of Law
37.143
Citation Prohibited
37.144
Graduated Sanctions for Certain School Offenses
37.145
Complaint
37.146
Requisites of Complaint
37.147
Prosecuting Attorneys
37.148
Right to Report Crime
37.0151
Report to Local Law Enforcement Regarding Certain Conduct Constituting Assault or Harassment
37.151
Definitions
37.152
Personal Hazing Offense
37.153
Organization Hazing Offense
37.154
Consent Not a Defense
37.155
Immunity from Prosecution or Civil Liability Available
37.156
Offenses in Addition to Other Penal Provisions
37.157
Reporting by Medical Authorities
37.158
Venue
37.0181
Professional Development Regarding Disciplinary Procedures
37.201
Definition
37.202
Purpose
37.203
Board
37.204
Officers
37.205
Safety Training Programs
37.207
Model Safety and Security Audit Procedure
37.208
On-site Assistance
37.209
Center Website
37.211
Recognition of Schools
37.212
Interagency Cooperation
37.213
Public Junior Colleges
37.214
Authority to Accept Certain Funds
37.215
Budget
37.216
Biennial Report
37.217
Community Education Relating to Internet Safety
37.218
Programs on Dangers of Students Sharing Visual Material Depicting Minor Engaged in Sexual Conduct
37.220
Model Threat Assessment Team Policies and Procedures
37.221
Facilities Standards Review
37.222
Resources on Safe Firearm Storage
37.301
Definition
37.302
Applicability
37.303
Removal of Registered Sex Offender from Regular Classroom
37.304
Placement of Registered Sex Offender Who Is Under Court Supervision
37.305
Placement of Registered Sex Offender Who Is Not Under Court Supervision
37.306
Review of Placement in Alternative Education Program
37.307
Placement and Review of Student with Disability
37.308
Transfer of Registered Sex Offender
37.309
Placement in Disciplinary Alternative Education Program or Juvenile Justice Alternative Education Program
37.310
Funding for Registered Sex Offender Placed in Juvenile Justice Alternative Education Program
37.311
Conference
37.312
Liability
37.313
Conflicts of Law
37.351
Facilities Standards Compliance
37.352
Purchasing Requirements
37.353
Good Cause Exception
37.354
Funding for Facilities Standards Compliance
37.355
Confidentiality
37.0811
School Marshals: Public Schools
37.0812
Training Policy: School District Peace Officers and School Resource Officers
37.0813
School Marshals: Private Schools
37.0814
Armed Security Officer Required
37.0815
Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Area
37.0818
Private School Peace Officers
37.0831
Dating Violence Policies
37.0832
Bullying Prevention Policies and Procedures
37.1081
Public Hearing on Multihazard Emergency Operations Plan Noncompliance
37.1082
Multihazard Emergency Operations Plan Noncompliance
37.1083
Agency Monitoring of School District Safety and Security Requirements
37.1084
Regional School Safety Review Teams
37.1085
Assignment of Conservator for Noncompliance with School Safety and Security Requirements
37.1086
Guidelines for Multihazard Emergency Operations Plan Provisions for Individuals with Disabilities or Impairments
37.1131
Notification Regarding Violent Activity
37.1141
Active Threat Exercises
37.2071
District Multihazard Emergency Operations Plan Review and Verification
37.2091
Registry of Persons Providing School Safety or Security Consulting Services
37.2121
Memoranda of Understanding and Mutual Aid Agreements
37.2161
School Safety and Security Progress Report
37.08131
Memorandum of Understanding Between Public and Private Schools Regarding School Marshals

Accessed:
Feb. 24, 2024

§ 37.006’s source at texas​.gov