As of 2026 school year, due to HB6, Teachers can remove students from class based on a single incident of “interfering,” “unruly,” “abusive” or “disruptive” behavior. Principals can now place students in a DAEP for a single incident that “seriously” interferes with teaching or learning. These terms are not clearly defined and are open to interpretation. The school must conduct a meeting within 3 days of the removal. The school MUST create a return to class plan.
In school suspension (ISS) no longer has a time limit; but is subject to a 10-day review of educational access and ISS placement. Students in preK to 2nd grades and homeless students can now be placed in out of school suspension (OSS) for “significant disruption”. Placement in OSS is limited to 3 days and schools must provide access to school work. Districts can create virtual expulsion programs. Expulsion is the most serious disciplinary consequence. An expelled student is removed from their regular school campus and can be placed in a DAEP, a juvenile justice alternative education program (JJAEP), or a Virtual Expulsion Program. The student cannot return to any school in their district until their expulsion ends. The school district is required by law to provide a plan to help with their re-entry to the school. Disability Rights Texas has a sample plan available.
There are still some protections for students with disabilities. If your child has a disability, the school must determine if the behavior was a manifestation of that disability before a Disciplinary Alternative Educational Placement (DAEP) longer than 10 days or for an expulsion longer than 10 days. For DAEP, always check your school district’s Code of Conduct for specific time frames for specific offenses. The meeting for placements longer than 10 days is called a manifestation determination review (MDR) meeting. Ensure your school proves that your child had intended to engage in that specific behavior.
Here are some questions about DAEP placements to ask:
- “Is this a mandatory or discretionary placement? If discretionary, what alternative punishments were considered?”
- “How did my child’s conduct justify their removal from the classroom to a DAEP?”
- “Does the district have a Behavior Agreement policy that would allow for reduced stay? How can we begin the process?”
If your child is being Expelled, here are additional questions to ask:
- “Is this a mandatory or discretionary expulsion? What specific felony or conduct is being alleged?”
- “Can we receive a copy of all substantiating documentation (witness statements, video, or law enforcement reports) at least 48 hours before the hearing?”
- If we are in a virtual program, “when is the first 45-day review scheduled to see if an in-person JJAEP spot has opened up?”
Texas Education Agency resources related to Discipline:
- TEA – Discipline Flowchart for Students with Disabilities
- TEA – Guidance on Discipline & School Removals
- TEA – Restorative Discipline Practices in Texas
Education Service Center (ESC) resources:
- ESC 13 – Restorative Practices
- ESC 20 – Restorative Discipline
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Center for Parent Information and Resources – Key Issues in Discipline (Training Module 19)
Disability Rights Texas – The Interactive Discipline Guide was developed by Disability Rights Texas to help parents and school districts correctly apply the requirements of federal law when disciplining a student with a disability by taking the user step-by-step through the disciplinary process. They also have a Sample School Re-entry plan for students returning to school after DAEP/JJAEP.
Engaging Schools – This nonprofit organization provides Schoolwide Discipline and Student Support services for educators in middle and high schools.
Oakland Mediation Center – Programs include Peers Making Peace (PMP), a school-based peer mediation program, and Restorative Practices, a comprehensive prevention and intervention initiative that utilizes restorative practices processes.
Office of Special Education Programs (OSEP) –Discipline Regulations
Office of Special Education & Rehabilitative Services (OSERS):
- Guidance Letter on Discipline Procedures (re: the protections for children not yet determined eligible for special education and related services under IDEA)
- Guidance Letter on Students with Disabilities in Correctional Facilities
Pacer Center – Publications on Juvenile Justice
Peace Education Foundation – The Peace Education Foundation is a leader in the field of conflict resolution curricula and training focused on teaching children the skills they need to settle conflicts before they escalate into violence.
Southern Disability Law Center – Keeping Students with Disabilities in School
Texas Appleseed – When My Child Is Disciplined at School and NEW March 2026 – Back to School New Rules
Texas Appleseed – Navigating the Juvenile Justice System: A Handbook for Juveniles and Their Famlies
U.S. Dept. of Education – School Climate and Discipline, includes Guidance to Schools on Ensuring Equity and Providing Behavioral Supports to Students with Disabilities
Wrightslaw – When Schools Have Children Arrested for School-Related Behavior Problems by Pete Wright, Esq.