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Suspension, DAEP, and bullying reports in Texas schools

In Texas, an out-of-school suspension is capped at 3 school days per incident, expulsion always comes with a hearing, and every public school must have an anonymous way to report bullying.

作者 Ian Massaro

Founder and President of KidsKnowRights6 分鐘閱讀

等待法律專業人士審閱

主題:Texasschool disciplinebullyingstate law

本文提供的是一般教育資訊,並不是針對個人的法律意見。KidsKnowRights 不是律師事務所,閱讀本文亦不會建立律師與當事人關係。法律因州份、年齡及情況而異,並會隨時間改變。如需就真實情況取得意見,請諮詢持牌律師或法律援助機構。

本頁全文尚未翻譯,因此以下以英文顯示。上方的摘要、標籤及安全資訊已經翻譯。

A 13-year-old in Corpus Christi is sent out of math class after an argument, and by lunch her mother gets a call about a possible suspension. In Texas, two layers of rules decide what happens next. Each district writes a Student Code of Conduct, the rulebook for behavior and consequences. State law, explained by the Texas Education Agency (TEA), sets limits that every district has to follow. Here are the limits that matter most.

Being removed from class

Texas gives teachers broad power to remove a student from class. A teacher can do it for repeated disruption, for behavior that is unruly or abusive, or for bullying, and TEA says one incident can be enough. Your family must be told.

Each school names a campus behavior coordinator, an administrator who handles discipline. No later than the third class day after a removal, the school must hold a conference. There you learn why you were removed and that you have a right to appeal. If a teacher refuses to take you back, a campus placement review committee can overrule the teacher, except when the student assaulted that teacher.

The U.S. Supreme Court set the national floor in Goss v. Lopez (1975): before a suspension of 10 days or less, a student must be told the charges and, if the student denies them, hear the evidence and get a chance to tell their side.

Suspension, DAEP, and expulsion

In-school suspension keeps you at school under staff supervision. Texas does not cap its length, but the coordinator must review it at least every 10 school days.

Out-of-school suspension is limited to 3 school days per incident. A student below grade 3, or a student experiencing homelessness, cannot get an out-of-school suspension except for a very short list of offenses.

A DAEP (Disciplinary Alternative Education Program) is a separate class or campus, sometimes called alternative school. Some DAEP placements are required by law. A child under 6 cannot be placed in one.

Expulsion removes a student from the campus and sometimes from the district. A student under 10 generally cannot be expelled. Every expulsion comes with a hearing, and you and your parent are invited. Go to it.

If your school board has a policy on behavioral agreements, you can ask for one after a DAEP placement or an expulsion. If you follow it, an administrator may shorten the placement. Students with disabilities who miss their services for a set number of days get a review by their Section 504 or ARD (admission, review, and dismissal) committee of whether the disability caused the behavior.

Reporting bullying and taking a complaint further

重要

Every Texas public school must have an anonymous reporting system on its website. Look for a link like 'anonymous tip line.' Every school also has a Threat Assessment and Safe and Supportive School Team, and you or your parent can ask the principal or counselor to have that team review a bullying situation.

If the school's answer does not fix things, use the district's grievance process, which is usually in the student handbook. TEA says the deadline is generally 30 days to file, or up to 90 days if you first tried to settle it informally. Charter schools and Districts of Innovation often allow only 10 to 15 days, so move quickly.

After that, a family can file TEA's General Education Complaint Form. TEA may offer mediation or review whether the district followed the law. A TEA parent liaison answers questions at (512) 463-9290 or generalinquiry@tea.texas.gov.

記住這些

  • After a removal from class, a Texas school must hold a conference by the third class day, and you can appeal.
  • Out-of-school suspension in Texas is capped at 3 school days per incident, and students below grade 3 generally cannot get one.
  • Every expulsion comes with a hearing; attend it with your parent.
  • Report bullying through your school's anonymous system, then use the district grievance process and TEA if needed.

資料來源

本文提供的是一般教育資訊,並不是針對個人的法律意見。KidsKnowRights 不是律師事務所,閱讀本文亦不會建立律師與當事人關係。法律因州份、年齡及情況而異,並會隨時間改變。如需就真實情況取得意見,請諮詢持牌律師或法律援助機構。