Texas Education Code

Sec. § 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 (Requisites of Complaint), Code of Criminal Procedure:

(1)

be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and

(2)

be accompanied by a statement from a school employee stating:

(A)

whether the child is eligible for or receives special services under Subchapter A, Chapter 29 (Continuance); and

(B)

the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed.

(b)

After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 (In Misdemeanor Case) and 45.057 (Offenses Committed by Juveniles)(e), Code of Criminal Procedure.

(c)

A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45.052 (Dismissal of Misdemeanor Charge on Completion of Teen Court Program), Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 6, eff. September 1, 2015.
Source

Last accessed
Jun. 7, 2021