Sec. 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 dismissal committee.
(b) Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law may be taken only after the student's admission, review, and dismissal committee conducts a manifestation determination review under 20 U.S.C. Section 1415(k)(4) and its subsequent amendments. Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of:
(1) functional behavioral assessments;
(2) positive behavioral interventions, strategies, and supports;
(3) behavioral intervention plans; and
(4) the manifestation determination review.
(b-1) If a school district takes a disciplinary action regarding a student with a disability who receives special education services that constitutes a change in placement under federal law, the district shall:
(1) not later than the 10th school day after the change in placement:
(A) seek consent from the student's parent or person standing in parental relation to the student to conduct a functional behavioral assessment of the student, if a functional behavioral assessment has never been conducted on the student or the student's most recent functional behavioral assessment is more than one year old; and
(B) review any previously conducted functional behavioral assessment of the student and any behavior improvement plan or behavioral intervention plan developed for the student based on that assessment; and
(2) as necessary:
(A) develop a behavior improvement plan or behavioral intervention plan for the student if the student does not have a plan; or
(B) if the student has a behavior improvement plan or behavioral intervention plan, revise the student's plan.
(c) A student with a disability who receives special education services may not be placed in alternative education programs solely for educational purposes.
(d) A teacher in an alternative education program under Section 37.008 who has a special education assignment must hold an appropriate certificate or permit for that assignment.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 767, Sec. 6, eff. June 13, 2001; Acts 2001, 77th Leg., ch. 1225, Sec. 1, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 435, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 6.006, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 3, eff. June 4, 2021.
Structure Texas Statutes
Chapter 37 - Discipline; Law and Order
Subchapter A. Alternative Settings for Behavior Management
Section 37.001. Student Code of Conduct
Section 37.0011. Use of Corporal Punishment
Section 37.0012. Designation of Campus Behavior Coordinator
Section 37.0013. Positive Behavior Program
Section 37.002. Removal by Teacher
Section 37.0021. Use of Confinement, Restraint, Seclusion, and Time-Out
Section 37.0022. Removal by School Bus Driver
Section 37.0023. Prohibited Aversive Techniques
Section 37.003. Placement Review Committee
Section 37.004. Placement of Students With Disabilities
Section 37.0051. Placement of Students Committing Sexual Assault Against Another Student
Section 37.0052. Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior
Section 37.006. Removal for Certain Conduct
Section 37.0061. Funding for Alternative Education Services in Juvenile Residential Facilities
Section 37.007. Expulsion for Serious Offenses
Section 37.008. Disciplinary Alternative Education Programs
Section 37.0081. Expulsion and Placement of Certain Students in Alternative Settings
Section 37.009. Conference; Hearing; Review
Section 37.0091. Notice to Noncustodial Parent
Section 37.010. Court Involvement
Section 37.011. Juvenile Justice Alternative Education Program
Section 37.012. Funding of Juvenile Justice Alternative Education Programs
Section 37.013. Coordination Between School Districts and Juvenile Boards
Section 37.014. Court-Related Children--Liaison Officers
Section 37.015. Reports to Local Law Enforcement; Liability
Section 37.016. Report of Drug Offenses; Liability
Section 37.017. Destruction of Certain Records
Section 37.018. Information for Educators
Section 37.0181. Professional Development Regarding Disciplinary Procedures
Section 37.019. Emergency Placement or Expulsion
Section 37.021. Opportunity to Complete Courses During In-School and Certain Other Placements
Section 37.022. Notice of Disciplinary Action
Section 37.023. Transition From Alternative Education Program to Regular Classroom