Texas Laws on School Discipline and Students with Disabilities

In Texas, laws and regulations governing school discipline are crucial for ensuring that all students, including those with disabilities, receive a fair and equitable education. Understanding these laws helps educators, parents, and students navigate the complexities of school discipline while safeguarding the rights of students with special needs.

Under the Individuals with Disabilities Education Act (IDEA), students with disabilities are entitled to specific protections when it comes to school discipline. Texas education law mirrors these federal guidelines, emphasizing that schools must not only uphold a student's right to a free and appropriate public education (FAPE) but also ensure that disciplinary actions are fair and considerate of a student's individual circumstances.

One of the key components of Texas law is the requirement for a Functional Behavior Assessment (FBA) and a Behavior Intervention Plan (BIP) for students whose behavior interferes with learning. If a student with a disability exhibits challenging behavior, the law mandates that the school must assess the situation and implement strategies to help the student succeed. This process is essential to prevent unnecessary suspensions or expulsions.

In cases where a student with a disability does engage in behavior that may warrant disciplinary action, Texas law stipulates that schools must follow specific protocols. For instance, if a student is removed from their educational setting for more than ten days, a manifestation determination review must take place. This review assesses whether the behavior that led to the disciplinary action was linked to the student’s disability. If determined to be a manifestation of the student’s disability, the school must not proceed with suspension or expulsion.

Moreover, the Texas Student Code of Conduct outlines acceptable behaviors and the consequences for misbehavior, applying uniformly to all students while considering individual needs and circumstances for students with disabilities. Schools are encouraged to use restorative practices and alternative disciplinary measures that focus on teaching rather than punishment. This approach recognizes that students with disabilities may require additional support and understanding.

Parents play a vital role in the discipline process. They have the right to be involved in all decisions affecting their child’s education, including disciplinary actions. It is recommended that parents work closely with school staff to ensure that the student’s needs are met and that they are subject to appropriate disciplinary methods.

In summary, Texas law emphasizes the importance of fair and equitable discipline for students with disabilities through comprehensive assessment, intervention planning, and involvement of parents. Schools are required to uphold the rights of these students while maintaining a safe and conducive learning environment. By adhering to these laws, educators can foster a supportive atmosphere that acknowledges and addresses the unique challenges faced by students with disabilities.