Tex. Educ. Code 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)

is located on or off of a regular school campus;

(3)

provides for the students who are assigned to the disciplinary alternative education program to be separated from students who are not assigned to the program;

(4)

focuses on English language arts, mathematics, science, history, and self-discipline;

(5)

provides for students’ educational and behavioral needs;

(6)

provides supervision and counseling; and

(7)

employs only teachers who meet all certification requirements established under Subchapter B (Purpose), Chapter 21 (Educators).

(a-1)

The agency shall adopt minimum standards for the operation of disciplinary alternative education programs, including standards relating to:

(1)

student/teacher ratios;

(2)

student health and safety;

(3)

reporting of abuse, neglect, or exploitation of students;

(4)

training for teachers in behavior management and safety procedures; and

(5)

planning for a student’s transition from a disciplinary alternative education program to a regular campus.

(b)

A disciplinary alternative education program may provide for a student’s transfer to:

(1)

a different campus;

(2)

a school-community guidance center; or

(3)

a community-based alternative school.

(c)

An off-campus disciplinary alternative education program is not subject to a requirement imposed by this title, other than a limitation on liability, a reporting requirement, or a requirement imposed by this chapter or by Chapter 39 (Public School System Accountability) or 39A (Accountability Interventions and Sanctions).

(d)

A school district may provide a disciplinary alternative education program jointly with one or more other districts.

(e)

Each school district shall cooperate with government agencies and community organizations that provide services in the district to students placed in a disciplinary alternative education program.

(f)

A student removed to a disciplinary alternative education program is counted in computing the average daily attendance of students in the district for the student’s time in actual attendance in the program.

(g)

A school district shall allocate to a disciplinary alternative education program the same expenditure per student attending the disciplinary alternative education program, including federal, state, and local funds, that would be allocated to the student’s school if the student were attending the student’s regularly assigned education program, including a special education program.

(h)

A school district may not place a student, other than a student suspended as provided under Section 37.005 (Suspension) or expelled as provided under Section 37.007 (Expulsion for Serious Offenses), in an unsupervised setting as a result of conduct for which a student may be placed in a disciplinary alternative education program.

(i)

On request of a school district, a regional education service center may provide to the district information on developing a disciplinary alternative education program that takes into consideration the district’s size, wealth, and existing facilities in determining the program best suited to the district.

(j)

If a student placed in a disciplinary alternative education program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The district in which the student enrolls shall inform each educator who will have responsibility for, or will be under the direction and supervision of an educator who will have responsibility for, the instruction of the student of the contents of the placement order. 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 district in which the student enrolls may continue the disciplinary alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement. A district may take any action permitted by this subsection if:

(1)

the student was placed in a disciplinary alternative education program by an open-enrollment charter school under Section 12.131 (Removal of Students to Disciplinary Alternative Education Program; Expulsion of Students) and the charter school provides to the district a copy of the placement order; or

(2)

the student was placed in a disciplinary alternative education program by a school district in another state and:

(A)

the out-of-state district provides to the district a copy of the placement order; and

(B)

the grounds for the placement by the out-of-state district are grounds for placement in the district in which the student is enrolling.

(j-1)

If a student was placed in a disciplinary alternative education program by a school district in another state for a period that exceeds one year and a school district in this state in which the student enrolls continues the placement under Subsection (j), the district shall reduce the period of the placement so that the aggregate period does not exceed one year unless, after a review, the district determines that:

(1)

the student is a threat to the safety of other students or to district employees; or

(2)

extended placement is in the best interest of the student.

(k)

A program of educational and support services may be provided to a student and the student’s parents when the offense involves drugs, e-cigarettes, or alcohol as specified under Section 37.006 (Removal for Certain Conduct) or 37.007 (Expulsion for Serious Offenses). A disciplinary alternative education program that provides chemical dependency treatment services must be licensed under Chapter 464 (Facilities Treating Persons with a Chemical Dependency), Health and Safety Code.

(l)

A school district is required to provide in the district’s disciplinary alternative education program a course necessary to fulfill a student’s high school graduation requirements only as provided by this subsection. A school district shall offer a student removed to a disciplinary alternative education program an opportunity to complete coursework before the beginning of the next school year. The school district may provide the student an opportunity to complete coursework through any method available, including a correspondence course, distance learning, or summer school. The district may not charge the student for a course provided under this subsection.

(l-1)

A school district shall provide the parents of a student removed to a disciplinary alternative education program with written notice of the district’s obligation under Subsection (l) to provide the student with an opportunity to complete coursework required for graduation. The notice must:

(1)

include information regarding all methods available for completing the coursework; and

(2)

state that the methods are available at no cost to the student.

(m)

The commissioner shall adopt rules necessary to evaluate annually the performance of each district’s disciplinary alternative education program established under this subchapter. The evaluation required by this section shall be based on indicators defined by the commissioner, but must include student performance on assessment instruments required under Sections 39.023 (Adoption and Administration of Instruments)(a) and (c). Academically, the mission of disciplinary alternative education programs shall be to enable students to perform at grade level.

(m-1)

The commissioner shall develop a process for evaluating a school district disciplinary alternative education program electronically. The commissioner shall also develop a system and standards for review of the evaluation or use systems already available at the agency. The system must be designed to identify districts that are at high risk of having inaccurate disciplinary alternative education program data or of failing to comply with disciplinary alternative education program requirements. The commissioner shall notify the board of trustees of a district of any objection the commissioner has to the district’s disciplinary alternative education program data or of a violation of a law or rule revealed by the data, including any violation of disciplinary alternative education program requirements, or of any recommendation by the commissioner concerning the data. If the data reflect that a penal law has been violated, the commissioner shall notify the county attorney, district attorney, or criminal district attorney, as appropriate, and the attorney general. The commissioner is entitled to access to all district records the commissioner considers necessary or appropriate for the review, analysis, or approval of disciplinary alternative education program data.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 6, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 396, Sec. 2.16, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1112, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 631, Sec. 2, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1055, Sec. 11, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 5, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1171 (H.B. 426), Sec. 1, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1316 (S.B. 49), Sec. 1, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(19), eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 851 (H.B. 2442), Sec. 7, eff. June 15, 2017.
Acts 2023, 88th Leg., R.S., Ch. 797 (H.B. 114), Sec. 3, eff. September 1, 2023.

Source: Section 37.008 — Disciplinary Alternative Education Programs, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­37.­htm#37.­008 (accessed Jun. 5, 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 37.011
Juvenile Justice Alternative Education Program 37.0011
Use of Corporal Punishment 37.0012
Designation of Campus Behavior Coordinator 37.012
Funding of Juvenile Justice Alternative Education Programs 37.013
Coordination Between School Districts and Juvenile Boards 37.0013
Positive Behavior Program 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 37.052
Cooperative Programs 37.0052
Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior 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 37.151
Definitions 37.0151
Report to Local Law Enforcement Regarding Certain Conduct Constituting Assault or Harassment 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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 37.008’s source at texas​.gov