Suspended Or Expelled
Educ. Code 37.005 — an out of school suspension may not exceed three school days, and a conference comes first for a longer removal
Three school days is the ceiling out of school. The principal or other appropriate administrator may suspend a student for conduct the student code of conduct identifies as conduct for which a student may be suspended. An out of school suspension may not exceed three school days. An in school suspension is not subject to any time limit, but it is reviewed at least once every 10 school days to evaluate the student's progress and whether it should continue.
The youngest students, and students who are homeless. A student below grade three, or a student who is homeless, may not be placed in out of school suspension unless, on school property or at a school related activity, the student engages in weapons conduct under the Penal Code, conduct threatening the immediate health and safety of other students in the classroom, documented conduct causing repeated or significant disruption, or conduct involving marihuana, a controlled substance, a dangerous drug or an alcoholic beverage.
The schoolwork. During any suspension, in school or out, the district provides an alternative means of receiving all the course work in the foundation curriculum the student misses, including at least one option that does not require the Internet.
The conference, for a longer removal. When a student is removed from class for a placement such as a disciplinary alternative education program, the campus behavior coordinator schedules a conference not later than the third class day, with a parent or guardian, the teacher who removed the student, and the student. At it, the student is entitled to written or oral notice of the reasons, an explanation of the basis for the removal, and an opportunity to respond.
What the coordinator weighs. Before ordering a suspension, expulsion or alternative program placement, the behavior coordinator considers whether the student acted in self defense, the student's intent or lack of it, the disciplinary history, and whether the student has a disability that substantially impairs the capacity to appreciate the wrongfulness of the conduct, whether the action is mandatory or discretionary.
A district's own code of conduct and board rules fill in much of the detail, and they are not on this page. How a particular suspension applies to a particular student is a question for a licensed Texas attorney.
Sources for this section (2)
- Educ. Code 37.005 — Suspension
- Educ. Code 37.009 — Conference; hearing; review
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.