Tex. Educ. Code § 37.004 · Subchapter A. ALTERNATIVE SETTINGS FOR BEHAVIOR MANAGEMENT
PLACEMENT OF STUDENTS WITH DISABILITIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm
- Text hash
- sha256 463d750dff409b46ed4f0910f9dc990d7299bd91c340f6c82105fb94d3ec8ed1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Educ. Code § 37.004. Each shows the citation as that text prints it.
Education Code
- Tex. Educ. Code § 25.007TRANSITION ASSISTANCE FOR STUDENTS WHO ARE HOMELESS OR IN SUBSTITUTE CARE.Printed as Section 37.004(b)
- Tex. Educ. Code § 25.0342TRANSFER OF STUDENTS WHO ARE VICTIMS OF OR HAVE ENGAGED IN BULLYING.Printed as Section 37.004
- Tex. Educ. Code § 29.454BEHAVIOR MANAGEMENT; BEHAVIOR SUPPORT SPECIALISTS.Printed as Sections 37.0021 and 37.004
- Tex. Educ. Code § 37.002REMOVAL BY TEACHER.Printed as Section 37.004
- Tex. Educ. Code § 37.0022REMOVAL BY SCHOOL BUS DRIVER.Printed as Section 37.004
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.