Understanding Your Child’s Rights During School Discipline in Texas

As a parent, you want to ensure your child is treated fairly, supported, and given every opportunity to succeed in school. When disciplinary issues arise, it can feel overwhelming and confusing. At Hager Law, our educational-law team is committed to helping families in Texas understand how school discipline works — and how to protect your child’s rights when the stakes are high.

Why Understanding Discipline Matters

School discipline isn’t just about consequences. The way a school handles disciplinary matters can have profound effects on your child’s educational progress, their record, and their future opportunities. Many Texas schools use disciplinary options such as in-school suspension (ISS), out-of-school suspension (OSS), placement in a disciplinary alternative education program (DAEP), or even expulsion. When a school initiates discipline, the framework of your child’s rights comes into play. Knowing those rights ahead of time helps you act proactively so you’re not scrambling in the moment.

What the Law Requires

In Texas, public schools must follow the rules set out in the Texas Education Code Chapter 37 (Chapter 37) governing student discipline. The Texas Education Agency (TEA) further requires each school district to adopt and publish a “Student Code of Conduct.” It clarifies what behaviors may lead to disciplinary actions and the processes that must be followed.

Here are some key legal protections that apply:

• Notice and due process – Before placing a student in most serious disciplinary options (such as DAEP or expulsion), the student and the parent must receive notice and have an opportunity to participate in a hearing or review.
• Teacher removal and classroom rights – Under Chapter 37, a teacher may temporarily remove a student from class (to a campus behavior coordinator) if the student repeatedly interferes with instruction or, in some cases, for a single extreme incident of disruptive, abusive, or unruly behavior.
• Alternative education placements – A school may be required or allowed to place a student in a disciplinary alternative education program (DAEP) under certain circumstances, including serious offenses, or at the school’s discretion under less-severe conduct.

What This Means for Your Child

As a parent, you should know that:

1. You have the right to know the school’s discipline policy. The school district’s Student Code of Conduct must be available for review — often at the campus office or online.
2. You have a right to meaningful participation. If your child faces suspension, removal to a DAEP, or expulsion, you should receive notification of the nature of the alleged misconduct, the disciplinary option being considered, and how you can respond. For example, for extended DAEP placements a hearing is required.
3. Your child’s educational rights continue. Even when removed from the regular classroom, your child still has a right to appropriate educational services. For example, when placed in DAEP, the district must offer opportunities to complete coursework required for graduation (or for younger students, equivalent instruction).
4. You can advocate for a return plan. In cases of teacher removals from class, the law provides that your child may not be returned to that teacher’s class without the teacher’s consent — unless a Placement Review Committee or similar entity finds otherwise.
   

Recent Changes and Evolving Risks

It’s important to note that Texas law and policy around school discipline have undergone recent changes, which may increase both the risks to students and the need for parent advocacy. For example, under newly enacted state law (such as Texas House Bill 6), teachers may remove a student for a single instance of unruly, disruptive, or abusive behavior. This reduces the threshold that once required repeated interference. In-school suspension (ISS) may now be used more expansively, with required administrative review every ten school days. What that means: even younger students may face more serious disciplinary interventions, and parent involvement is more crucial than ever.

Practical Steps Parents Should Take

Here are actionable tips to protect your child’s rights in discipline matters:

• Get a copy of the campus or district Student Code of Conduct. Review the listed behaviors, disciplinary options, timelines, and procedures.

• Keep a record of all communications. If the school contacts you about discipline, keep emails, notes from phone calls, and any written notices.

• Attend the conference/hearing. For school removals or DAEP placements, make sure you attend any required conference, meeting, or hearing. Ask what evidence the school is relying on and what your child’s response is.

• Request documentation and explanation. Ask for a clear explanation of why the disciplinary action is being taken, what the evidence is, and how any remedial or return-to-class plan will work.

• Consider the role of disability rights. Does your child have a disability, or are they receiving special education services (or should be) under the Individuals with Disabilities Education Act (IDEA) or a 504 plan? If so, discipline triggers additional procedural protections. The school must hold a “manifestation determination review” if a suspension or removal exceeds a certain period. (This article doesn’t cover all of those rules, so consult an attorney if this applies.)

• Advocate for a return-to-class plan. If your child is removed from a teacher’s class or campus, ask about how the school plans the return. Ensure academic coursework continues, and request a clear timeline.

• Contact experienced counsel if needed. Especially if the disciplinary action could significantly affect your child’s future (such as a long-term alternative placement or expulsion), consulting a law firm experienced in educational law may be essential.
  

Why Choose Hager Law?

At Hager Law, we understand how stressful and emotional school discipline situations can be. Our educational law attorneys focus on protecting children’s educational rights and preserving the opportunities schools are meant to provide. We bring deep experience working with families across Texas, and we take a child-centered approach. This means we advocate not only for fair process, but for outcomes that preserve your child’s ability to learn, thrive, and succeed.

Whether the issue is a teacher removal, a proposed DAEP placement, an expulsion hearing, or the intersection of disability and discipline, we stand ready to guide you through:

• Understanding exactly what the school is requesting or imposing.
• Evaluating whether proper procedure and notice were followed.
• Advocating for your child’s prompt return to the least restrictive setting.
• Helping ensure the educational program continues during discipline.
• Advising on appeals, board-level reviews, or complaints to the TEA if warranted.

Final Thoughts on School Discipline

School discipline is more than just a punishment. It is a process that implicates your child’s right to a meaningful education. In Texas, the laws and policies governing discipline are clear about notice, review, and educational continuity. However, they can also be complex. As a parent, you don’t have to navigate these alone. At Hager Law, we are committed to ensuring your child’s rights are protected and their voice is heard. We ensure their future is not sidelined because of disciplinary action.

Is your child facing a disciplinary matter, or you simply want to understand ahead of time the school’s responsibilities and your rights? Contact Hager Law for a consultation. We are here to help you advocate for the best possible outcome for your child.