Texas School Expulsion Laws: Offenses, Hearings, and Student Rights

Texas school expulsion can remove a student from a regular campus for serious misconduct, but it is not the same as a suspension or placement in a disciplinary alternative education program. State law identifies offenses that may or must lead to expulsion, while school districts set additional rules in their student codes of conduct. Knowing how Texas school expulsion laws work can help families understand the process, deadlines, and protections that may apply.

What Expulsion Means in Texas

Expulsion is a disciplinary removal from a student’s regular school setting. An expelled student generally cannot attend the regular campus or take part in school-sponsored activities during the expulsion. Depending on the circumstances and district policy, the student may be assigned to an alternative education setting or another program. The precise placement and services depend on the law, the student’s age, the offense, and the district’s decision.

Expulsion differs from a disciplinary alternative education program (DAEP). A DAEP placement is a separate disciplinary setting, often used for offenses that do not require expulsion. Expulsion is generally reserved for more serious conduct listed in Chapter 37 of the Texas Education Code or in a district’s code of conduct. A district must follow the legal rules that apply to the particular offense; it cannot treat every disciplinary consequence as interchangeable.

Texas law provides a statewide framework, but district policies also matter. A student code of conduct may identify additional conduct that can result in expulsion when state law permits it. Families can request the current code from the district and should review the specific policy cited in the disciplinary notice.

Offenses That Can Lead to Expulsion

The Texas Education Code sets out offenses for which a student may or must be expelled. The distinction is important: “may expel” gives the district discretion, while “shall expel” generally requires expulsion when the legal conditions are met. The facts, location, student’s age, applicable exceptions, and district policies can affect the outcome.

Conduct on school property or at a school activity

Under Texas Education Code Section 37.007, certain serious offenses on school property or while attending a school-sponsored or school-related activity may result in expulsion. Examples include specified aggravated offenses, such as aggravated assault, sexual assault, aggravated sexual assault, arson, murder, capital murder, and certain other serious crimes. The statute also addresses offenses involving controlled substances, alcohol, and weapons, subject to its terms and exceptions.

Texas law requires expulsion in specified circumstances involving a firearm, including conduct covered by the federal Gun-Free Schools Act. Federal law generally requires a one-year expulsion for a student who brings a firearm to school, but it allows the school district’s chief administering officer to modify the period on a case-by-case basis. The Texas statute and district policy should be reviewed for the particular facts, including the type of weapon and where the conduct occurred.

Serious conduct away from school

Some serious offenses can lead to expulsion even when they occur off campus. Section 37.007 covers specified felony conduct committed within 300 feet of school property or while attending a school-sponsored or school-related activity. It also addresses certain felony offenses committed off campus when the student receives deferred prosecution or is found to have engaged in delinquent conduct, and the conduct meets statutory conditions such as threatening the school community or the student’s presence posing a threat to others.

These provisions do not mean that every off-campus arrest or allegation automatically results in expulsion. The law’s definitions and conditions matter, and school discipline is separate from the criminal or juvenile court process. A school may conduct its own investigation, but it must apply the relevant statute and district policy.

Other conduct and local rules

A district’s student code of conduct may provide for expulsion for other serious conduct where state law authorizes it. The code should explain prohibited behavior and possible consequences. For any proposed expulsion, families can ask the district to identify the exact code provision and statutory authority supporting the decision.

Expulsion Versus DAEP Placement

Not all serious discipline is expulsion. Texas Education Code Section 37.006 lists offenses that generally require or allow a DAEP placement, while Section 37.007 governs expulsion. For example, certain conduct involving drugs, alcohol, weapons, or serious threats may trigger different consequences depending on the specific facts and statutory category. The same broad description of behavior can have different legal results when the location, item involved, or circumstances differ.

Families should not assume that a notice mentioning an “alternative placement” means the student has been expelled. They can ask whether the action is a DAEP assignment, an expulsion, or another consequence, and request the expected start date, duration, placement, and review process in writing.

Expulsion Hearings and Due Process

Before a district expels a student, it must provide the student with a hearing as required by Texas law. Under Section 37.009, the student is entitled to notice of the reasons for the proposed action and an opportunity to be heard. The hearing may be conducted by the school board, a board committee, or another authorized decision-maker under district policy.

District procedures should explain how the student and parent or guardian receive notice, how to request or attend the hearing, and how the decision is communicated. The student should have a meaningful chance to respond to the allegations. Families can ask for the evidence the district plans to rely on, the specific code provisions involved, and an explanation of how the proposed consequence fits state law.

Because local hearing procedures and deadlines can vary, the written notice and district policy are important. Families should keep copies of notices, emails, incident reports, and decisions. They can also make a written request for records relevant to the discipline, subject to applicable student-record and confidentiality rules.

Length of an expulsion

Texas law generally limits an expulsion to no more than one year. A district may set a longer period when it determines that a longer expulsion is necessary to protect students or district employees, as provided by statute. Special rules apply to firearm-related expulsions under federal and state law. The decision should state the period and any conditions affecting the student’s return.

Expulsion does not necessarily mean the student loses access to all educational services. Texas law addresses alternative education arrangements for expelled students, and the applicable placement can depend on the student’s age, offense, and other circumstances. Families should request clear information about where instruction will occur, how attendance and credits will be handled, and how the student can return to the regular campus.

Appeals and Challenging a Decision

A family can ask the district how to appeal or seek review of an expulsion decision. Texas law and district policy govern the route and timing, which may include an appeal through the school district’s administration or board. Some disputes may also involve other legal remedies, but the appropriate option depends on the case. A request for review should identify the decision being challenged and explain the grounds, such as a procedural error, mistaken facts, or an incorrect application of the law.

Deadlines can be short. The decision letter and district policy should be checked promptly for appeal instructions, required forms, and submission dates. An appeal does not necessarily pause the expulsion or change the placement while review is pending. Families should ask in writing whether the student must remain in the assigned setting during the appeal.

For complicated cases, including those involving criminal allegations, disability-related protections, or a long-term removal, families may consider consulting an attorney familiar with Texas education law. This is especially important when a deadline is close or the consequences could affect school completion, services, or future enrollment.

Rules for Younger Students

Texas law includes special provisions for young children. Under Section 37.007, a student younger than 10 who commits conduct that would otherwise require expulsion is generally placed in a DAEP rather than expelled. Statutory exceptions and additional age-specific rules can apply, including provisions involving firearms and very young students. Because the result can depend on the student’s age on the date of the incident and the exact offense, families should review the current statute and district policy.

Special Education and Section 504 Protections

Students receiving special education services have protections under the federal Individuals with Disabilities Education Act (IDEA) when a school proposes a disciplinary change of placement. A removal that exceeds 10 consecutive school days, or a series of removals that forms a pattern under federal rules, may trigger additional requirements. The school may need to conduct a manifestation determination review to decide whether the conduct was caused by, or had a direct and substantial relationship to, the student’s disability, or resulted directly from a failure to implement the student’s individualized education program.

IDEA does not prevent a school from responding to serious misconduct. Federal law allows certain removals to an interim alternative educational setting for up to 45 school days in specified circumstances, including certain weapons, drugs, or serious bodily injury offenses, regardless of whether the conduct was a manifestation of the disability. Other rules apply when the conduct is found to be a manifestation. The student’s placement, services, and procedural rights should be evaluated under the circumstances.

Students with a Section 504 plan may also have protections under federal disability law. A school should consider applicable evaluation and procedural requirements before imposing a disciplinary change of placement. Families can request copies of relevant special education or Section 504 records and ask the district to explain how those protections were considered.

Practical Steps for Families

• Read the written notice carefully. Identify the alleged conduct, proposed consequence, hearing date, and response or appeal deadlines.
• Request the legal basis. Ask which section of the Texas Education Code and which district code provision apply.
• Preserve relevant records. Save messages, notices, records of meetings, and documents that may clarify the incident.
• Ask about education during removal. Confirm the student’s placement, instructional access, attendance, credits, and return conditions.
• Raise disability-related concerns promptly. Notify the district in writing if the student has an IEP, Section 504 plan, or suspected disability relevant to the conduct.
• Track every deadline. Hearing and appeal procedures are local and can require quick action.

Where to Find the Governing Rules

The primary state provisions are in Chapter 37 of the Texas Education Code, especially Sections 37.006 on DAEP placements, 37.007 on expulsion, 37.008 on alternative education programs, and 37.009 on hearings and review. The district’s current student code of conduct explains local discipline rules and procedures. Federal protections are available through the U.S. Department of Education’s resources on IDEA and Section 504.

Texas school expulsion laws combine statewide requirements with district procedures, so the correct outcome depends on the alleged offense, its location, the student’s age, and any disability-related protections. The most useful first steps are to obtain the written notice, confirm the exact statutory basis, and act quickly on hearing or appeal deadlines.