Tex. Educ. Code 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, after an opportunity for a hearing may expel a student and elect to place the student in an alternative setting as provided by Subsection (a-1) if:

(1)

the student:

(A)

has received deferred prosecution under Section 53.03 (Deferred Prosecution), Family Code, for conduct defined as:
(i)
a felony offense in Title 5, Penal Code; or
(ii)
the felony offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code;

(B)

has been found by a court or jury to have engaged in delinquent conduct under Section 54.03 (Adjudication Hearing), Family Code, for conduct defined as:
(i)
a felony offense in Title 5, Penal Code; or
(ii)
the felony offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code;

(C)

is charged with engaging in conduct defined as:
(i)
a felony offense in Title 5, Penal Code; or
(ii)
the felony offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code;

(D)

has been referred to a juvenile court for allegedly engaging in delinquent conduct under Section 54.03 (Adjudication Hearing), Family Code, for conduct defined as:
(i)
a felony offense in Title 5, Penal Code; or
(ii)
the felony offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code;

(E)

has received probation or deferred adjudication for a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code;

(F)

has been convicted of a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code; or

(G)

has been arrested for or charged with a felony offense under Title 5, Penal Code, or the felony offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code; and

(2)

the board or the board’s designee determines that the student’s presence in the regular classroom:

(A)

threatens the safety of other students or teachers;

(B)

will be detrimental to the educational process; or

(C)

is not in the best interests of the district’s students.

(a-1)

The student must be placed in:

(1)

a juvenile justice alternative education program, if the school district is located in a county that operates a juvenile justice alternative education program or the school district contracts with the juvenile board of another county for the provision of a juvenile justice alternative education program; or

(2)

a disciplinary alternative education program.

(b)

Any decision of the board of trustees or the board’s designee under this section is final and may not be appealed.

(c)

The board of trustees or the board’s designee may expel the student and order placement in accordance with this section regardless of:

(1)

the date on which the student’s conduct occurred;

(2)

the location at which the conduct occurred;

(3)

whether the conduct occurred while the student was enrolled in the district; or

(4)

whether the student has successfully completed any court disposition requirements imposed in connection with the conduct.

(d)

Notwithstanding Section 37.009 (Conference; Hearing; Review)(c) or (d) or any other provision of this subchapter, a student expelled and ordered placed in an alternative setting by the board of trustees or the board’s designee is subject to that placement until:

(1)

the student graduates from high school;

(2)

the charges described by Subsection (a)(1) are dismissed or reduced to a misdemeanor offense; or

(3)

the student completes the term of the placement or is assigned to another program.

(e)

A student placed in an alternative setting in accordance with this section is entitled to the periodic review prescribed by Section 37.009 (Conference; Hearing; Review)(e).

(f)

Subsection (d) continues to apply to the student if the student transfers to another school district in the state.

(g)

The board of trustees shall reimburse a juvenile justice alternative education program in which a student is placed under this section for the actual cost incurred each day for the student while the student is enrolled in the program. For purposes of this subsection:

(1)

the actual cost incurred each day for the student is determined by the juvenile board of the county operating the program; and

(2)

the juvenile board shall determine the actual cost each day of the program based on the board’s annual audit.

(h)

To the extent of a conflict between this section and Section 37.007 (Expulsion for Serious Offenses), Section 37.007 (Expulsion for Serious Offenses) prevails.
Added by Acts 2003, 78th Leg., ch. 1055, Sec. 12, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1240 (H.B. 2532), Sec. 1, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 3, eff. June 17, 2011.

Source: Section 37.0081 — Expulsion and Placement of Certain Students in Alternative Settings, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­37.­htm#37.­0081 (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

§ 37.0081’s source at texas​.gov