Table of Contents
Background
The 89th Texas Legislature made substantial changes to the Texas Education Code’s (TEC) school discipline laws through House Bill 6 (HB 6), which are effective for the 2025-2026 school year. The bill amended many aspects of our discipline laws, including the expansion of teacher removals from the classroom, the expansion of in-school suspension (ISS) and out-of-school suspension (OSS), the introduction of a new virtual expulsion program (VEP), and more.
Families of students with disabilities should be aware of these changes and be prepared to make sure their school personnel do not mistakenly interpret disability-related behaviors as disciplinary issues. Furthermore, as schools acclimate to these new laws, they may need to be reminded that any disciplinary action regarding a student with a disability must be determined in accordance with federal law and regulations, including laws requiring the provision of functional behavioral assessments, positive behavioral interventions, behavioral intervention plans, and manifestation determination review.
A summary of changes in HB 6 is below.
Teacher removals
Teachers may now remove a student for a single instance of interference, bullying, and behavior that is unruly, disruptive, or abusive. Previously, teachers could only remove students if their behavior was documented to repeatedly interfere or was determined to be so unruly, disruptive, or abusive that it seriously interfered with the teacher’s ability to communicate.
- A teacher or administrator shall notify the family of the student’s removal, and a conference will be held within 3 school days.
- The student may not return to class without written consent from the teacher or a return to class plan.
- Return to class plans will be created before or at the conference.
- A student may appeal their removal to the school’s placement review committee or the campus’s threat assessment team.
- This does not include a student’s admission, review, and dismissal (ARD) committee.
In-school suspension
Students may now be placed in in-school suspension (ISS) for an unlimited amount of time. Previously, students could not be in ISS for longer than 3 school days.
- A school administrator shall review a student’s placement in ISS at least every 10 school days.
- This administrator review does not count as a Manifestation Determination Review (MDR).
- Students placed in ISS are now entitled to receive the services specified in their IEP and comparable educational services as the student would have received in the classroom.
- Even with these added requirements, there are cases where ISS would constitute a change in placement. Under the Individuals with Disabilities Act (IDEA), ISS is not considered a change in placement if the student:
- is afforded the opportunity to continue to appropriately participate in the general curriculum;
- continues to receive the services specified on the child’s IEP; and
- continues to participate with nondisabled children to the extent they would have in the child’s current placement.
- Even with these added requirements, there are cases where ISS would constitute a change in placement. Under the Individuals with Disabilities Act (IDEA), ISS is not considered a change in placement if the student:
Out-of-school suspension
Students below Grade 3 may now be placed in out-of-school suspension (OSS) if their conduct threatens the immediate health and safety of other students or if there is documented conduct that results in repeated or significant disruption to the classroom. OSS is still limited to a 3-school day maximum.
- A school administrator may move a student from OSS to ISS if the parent/person standing in parental relation submits a written request with supporting documentation that they are unable to provide suitable supervision during school hours during the period of suspension.
Disciplinary Alternative Education Placement
Disciplinary Alternative Education Placement (DAEP) is now mandatory for the assault or harassment of a school employee or volunteer.
- Schools now have the discretion to place a student in DAEP for intentional and repeated disruptive activities or disruption of class.
Virtual Expulsion Program
HB 6 introduced a new Virtual Expulsion Program (VEP). School administrators may now place a student in a VEP established by the district to provide virtual instruction and instructional materials for remote learning.
- A student may only be placed in a VEP if there is no available Juvenile Justice Alternative Education Program (JJAEP) placement.
- The district shall ensure the student has suitable computer and internet access when placing a student in a VEP.
- A school administrator shall review a student’s placement in a VEP at least once every 45 school days.
Threat assessment team membership
HB 121 from the 89th legislature offers more specific language requiring the added member to have specific knowledge of the disability of the student being assessed, rather than just general knowledge of disability manifestations. HB 6 adds language that requires threat assessment teams to include a member who is knowledgeable in disabilities when assessing a report involving a student with a disability.
- Under HB 121, the added member must be either a:
- Special education teacher who provides instruction to the student
- Behavior analyst
- Licensed clinical or master social worker
- Specialist in school psychology
For more information on education for students with disabilities, visit our Education resources page.
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Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate.
The handout is not intended to and does not replace an attorney’s advice or assistance based on your particular situation.
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