texas education code chapter 37 pdf

Texas Education Code Chapter 37⁚ Discipline and Law and Order in Schools

This chapter of the Texas Education Code (TEC) outlines legal requirements for student discipline and the maintaining of law and order within schools, ensuring that students are disciplined fairly and equitably. It covers the student code of conduct, alternative settings for behavior management, disciplinary alternative education programs (DAEPs), teacher authority and student removal, reporting requirements for disciplinary actions, time-out procedures, safe schools and threat assessment.

Introduction

Texas Education Code Chapter 37, “Discipline; Law and Order,” is a critical component of the state’s public education system, providing a comprehensive framework for managing student behavior and ensuring safe and orderly learning environments. The chapter encompasses a wide range of topics, from defining student rights and responsibilities to outlining procedures for addressing disruptive behavior and maintaining school safety. This chapter serves as a guide for school administrators, teachers, and parents, offering clear guidelines and legal parameters for navigating the complex landscape of student discipline.

The importance of Chapter 37 lies in its role in fostering positive learning environments. By establishing clear expectations for student conduct and providing a structured approach to addressing misconduct, the chapter aims to promote a culture of respect, responsibility, and academic achievement. The chapter’s emphasis on fairness and due process ensures that students are treated equitably and have access to appropriate support and intervention when needed. This comprehensive approach to student discipline is essential for creating schools that are not only safe but also conducive to learning and growth.

Overview of Chapter 37

Texas Education Code Chapter 37, “Discipline; Law and Order,” provides a comprehensive framework for managing student behavior and ensuring safe and orderly learning environments. The chapter establishes the legal framework for addressing student misconduct, outlining procedures for disciplinary actions, and defining the roles and responsibilities of school personnel in enforcing school rules. Chapter 37 encompasses a wide range of topics, including student code of conduct, alternative settings for behavior management, disciplinary alternative education programs (DAEPs), teacher authority, reporting requirements, and time-out procedures.

The chapter is divided into several subchapters, each addressing specific aspects of student discipline. Subchapter A, “Alternative Settings for Behavior Management,” focuses on providing alternative settings for students who exhibit disruptive behavior. Subchapter B, “Disciplinary Alternative Education Programs,” outlines the procedures for placing students in DAEPs and the requirements for these programs. Subchapter C, “Teacher Authority and Student Removal,” addresses the authority of teachers to remove disruptive students from their classrooms and the procedures for doing so. Subchapter D, “Reporting Requirements for Disciplinary Actions,” outlines the reporting requirements for disciplinary actions taken against students.

Student Code of Conduct

The Texas Education Code mandates that each school district adopt a student code of conduct that outlines the expectations for student behavior and the consequences for violating those expectations. This code must be posted prominently at each school campus or made available for review at the campus principal’s office. The student code of conduct serves as a guide for students, parents, and school staff, ensuring that everyone understands the rules and expectations for behavior within the school environment.

The student code of conduct should address a wide range of behaviors, including but not limited to⁚

• Disrespectful behavior towards staff or other students
• Disruption of class or school activities
• Cheating or plagiarism
• Possession or use of illegal substances
• Violence or threats of violence
• Harassment or bullying

The code should also outline the disciplinary consequences for violating these rules, which may include warnings, detention, suspension, expulsion, or referral to law enforcement.

Alternative Settings for Behavior Management

Chapter 37 of the Texas Education Code outlines various alternative settings for behavior management that school districts can utilize to address student misconduct and provide support for students who need additional assistance. These settings are designed to provide a structured environment where students can learn appropriate behaviors and receive the necessary support to succeed academically and socially.

These settings can be broadly categorized into two groups⁚ in-school and out-of-school alternatives. In-school alternatives include⁚

• In-school suspension (ISS)⁚ Students placed in ISS remain on campus but are removed from their regular classes and assigned to a designated area for a set period.
• Alternative education programs (AEPs)⁚ These programs provide a specialized curriculum and support services for students who have repeatedly violated the code of conduct or who require additional help with their behavior.
• Time-out rooms⁚ These rooms are designed to provide a brief period of separation from the classroom for students who are exhibiting disruptive behavior, allowing them to calm down and regain control.

Out-of-school alternatives include⁚

• Out-of-school suspension (OSS)⁚ Students placed in OSS are removed from school for a specified period and are not allowed to attend classes or school activities.
• Disciplinary alternative education programs (DAEPs)⁚ DAEPs are specialized schools or programs designed for students who have been expelled from their regular schools due to serious offenses. These programs provide a structured environment with a focus on behavior modification and academic support.

Disciplinary Alternative Education Programs (DAEPs)

Disciplinary Alternative Education Programs (DAEPs) are specialized programs designed for students who have been expelled from their regular schools due to serious offenses. These programs offer a structured environment with a focus on behavior modification and academic support. DAEPs are often operated by school districts or by private organizations under contract with school districts. They are a critical component of the Texas Education Code’s Chapter 37, which outlines the legal requirements for student discipline and the maintaining of law and order within schools.

DAEPs are intended to provide a safe and structured environment for students to address their behavioral issues and receive the support necessary to return to their regular schools or transition successfully to other educational settings. The programs typically include⁚

• A structured curriculum that addresses academic deficiencies and provides opportunities for students to catch up on their studies.
• Behavior modification programs that focus on teaching students appropriate social skills, anger management, and conflict resolution strategies.
• Counseling and therapy services to address underlying emotional or mental health issues that may be contributing to disruptive behavior.
• Family involvement programs that help parents understand their child’s behavior and learn strategies for supporting their child’s success.

The goal of DAEPs is to provide students with the opportunity to learn new behaviors and develop the skills they need to succeed in a regular school setting. However, it is important to note that DAEPs are not intended to be a permanent solution for all students with behavioral issues. School districts are encouraged to use DAEPs judiciously and to develop individual plans for each student that address their specific needs and goals.

Teacher Authority and Student Removal

Chapter 37 of the Texas Education Code (TEC) grants teachers the authority to manage their classrooms effectively and to remove disruptive students when necessary. This authority is crucial to maintaining a productive learning environment for all students. The law outlines specific procedures for removing students from class and outlines the types of student behavior that warrant removal.

Teachers have the right to remove a student from their classroom if the student’s conduct is disruptive, interferes with the learning of other students, or poses a threat to the safety of themselves or others. The teacher must document the student’s behavior and the reason for their removal. The principal of the school must be notified of the removal, and the student may be placed in a disciplinary alternative education program (DAEP) if their behavior continues to be disruptive.

The TEC also provides guidelines for handling specific types of student behavior, such as verbal abuse, physical aggression, and possession of weapons. Teachers are required to report certain incidents to the school administration and law enforcement authorities. The law also outlines the procedures for conducting a threat assessment if a student is suspected of posing a threat to the safety of others.

The teacher’s authority to remove students from class is a critical tool for maintaining order and safety in schools. However, this authority must be exercised responsibly and in accordance with the procedures outlined in the TEC. School districts are responsible for providing teachers with the training and support they need to effectively manage their classrooms and to handle disruptive student behavior in a safe and lawful manner.

Reporting Requirements for Disciplinary Actions

Texas Education Code Chapter 37 mandates detailed reporting requirements for disciplinary actions taken against students. These requirements ensure transparency, accountability, and the consistent application of disciplinary procedures across the state. Schools must meticulously document and report disciplinary actions, including out-of-school suspensions, expulsions, and placements in disciplinary alternative education programs (DAEPs).

The reporting requirements extend beyond simple record-keeping. Schools are obligated to provide specific information about the disciplinary action, including the student’s name, the date of the incident, the nature of the offense, the disciplinary action taken, and the duration of the action. This data is used for various purposes, including tracking disciplinary trends, identifying potential patterns of misconduct, and ensuring that disciplinary procedures are applied fairly and consistently across all schools.

The reporting requirements also include provisions for informing parents or guardians about disciplinary actions taken against their children. Schools must notify parents or guardians in a timely manner, providing them with the details of the disciplinary action and their rights to appeal the decision. This ensures that parents are aware of their children’s behavior and have an opportunity to be involved in the disciplinary process.

Compliance with these reporting requirements is crucial for schools in Texas. Failure to comply can result in penalties, including fines and other sanctions. By diligently adhering to these reporting requirements, schools demonstrate transparency, accountability, and a commitment to fairness in the application of disciplinary procedures.

Time-Out Procedures

Texas Education Code Chapter 37 recognizes the importance of treating all students with dignity and respect, including those with disabilities. This principle extends to the use of time-out procedures, which are often employed as a disciplinary tool to help students regain composure and return to appropriate behavior. However, the code emphasizes that time-out procedures must be implemented in a manner that is safe, respectful, and effective.

Chapter 37 outlines specific guidelines for the use of time-out procedures. It requires that time-out procedures be used only as a last resort, after other disciplinary measures have been unsuccessful. The code also mandates that time-out procedures be implemented in a safe and supervised environment, ensuring the student’s physical and emotional well-being.

Furthermore, the code specifies that time-out procedures must be used in a manner that is respectful of the student’s dignity. This means that time-out procedures should not be used as a form of punishment or humiliation. Instead, they should be used as a tool to help students regain self-control and return to appropriate behavior.

The code also requires that schools develop and implement procedures for documenting the use of time-out procedures. These records should include the date, time, duration, and reason for the time-out, as well as the student’s response to the time-out. This documentation serves to ensure accountability and transparency in the use of time-out procedures.

By adhering to these guidelines, schools can ensure that time-out procedures are used appropriately and effectively, promoting a safe, respectful, and productive learning environment for all students.

Safe Schools and Threat Assessment

Texas Education Code Chapter 37 recognizes the critical importance of maintaining safe and secure school environments. To achieve this goal, the chapter emphasizes the need for comprehensive threat assessment programs that can identify and address potential threats to school safety. These programs are designed to prevent violence, harassment, and other disruptive behaviors that can jeopardize the well-being of students, staff, and the school community as a whole.

Chapter 37 requires school districts to establish threat assessment teams that are composed of qualified personnel, including school administrators, counselors, law enforcement officers, and mental health professionals. These teams are responsible for assessing the potential for violence or other threats to school safety. They conduct thorough investigations, gather information from various sources, and develop appropriate interventions to mitigate the risks.

The code also mandates that school districts provide training to staff and students on threat assessment procedures and how to report suspicious behavior. This training empowers individuals to recognize warning signs and take appropriate action to ensure safety. Furthermore, Chapter 37 encourages school districts to collaborate with law enforcement agencies and other community partners to enhance school safety efforts.

By implementing robust threat assessment programs, schools can effectively identify and address potential threats, creating a safer and more secure learning environment for all. This commitment to safety aligns with the overarching goals of Chapter 37, which aims to promote a positive and productive learning environment for students and staff.

Resources and Further Information

For educators and administrators seeking comprehensive guidance on Texas Education Code Chapter 37, several valuable resources are available. The Texas Association of School Boards (TASB) provides a user-friendly online platform called “School Law eSource,” which offers a wealth of information on frequently asked questions related to Texas school law. This platform serves as a valuable resource for understanding legal requirements and navigating complex issues related to student discipline and school safety.

The Texas Education Agency (TEA) website also contains a wealth of information on Chapter 37, including guidance documents, policy statements, and training materials. The TEA website provides a comprehensive overview of the chapter’s requirements and offers practical support for educators and administrators in implementing the provisions of Chapter 37.

Furthermore, the Texas School Safety Center, a key resource for promoting school safety, offers training programs and resources on threat assessment, crisis management, and other safety-related topics. The center’s expertise provides valuable support for school districts in developing and implementing effective safety protocols.

Finally, the Texas Juvenile Probation Commission plays a significant role in the implementation of Chapter 37, particularly with regards to the placement of students in disciplinary alternative education programs (DAEPs). The Commission’s website provides information on its role in supporting school districts and ensuring the effective operation of DAEPs.