IEP Discipline Procedures in Texas
Can a school suspend or expel a student with an IEP in Texas?
Texas discipline procedures for students with disabilities combine IDEA federal protections with Texas-specific rules under TEC Chapter 37. Only the ARD committee — not school administrators unilaterally — may determine placement changes for students with disabilities receiving special education services (TEC §37.004(a)). Before any disciplinary action constituting a change in placement under federal law, the district must conduct a manifestation determination review (MDR) with the parent and relevant ARD members within 10 school days of the placement decision, consistent with 20 U.S.C. §1415(k)(4) and 34 CFR §300.530(e). Within 10 school days of a change in placement, the district must also seek consent for or review a functional behavioral assessment and develop or revise a behavior intervention plan (TEC §37.004(b-1)). Texas-specific DAEP (Disciplinary Alternative Education Program) placements for students with disabilities require the DAEP to provide services that support the student's IEP goals; placement solely for educational purposes without disciplinary justification is prohibited (TEC §37.004(c)). DAEP teachers assigned to special education students must hold appropriate TEA special education certification (TEC §37.004(d)). For mandatory expulsion offenses under TEC §37.007, students with disabilities receive procedural protections under TEC §37.004 and IDEA, including the manifestation determination process, even though TEC §37.007 itself does not contain explicit disability carve-outs.
What Texas Requires
Only the ARD committee may determine placement for students with disabilities in special education — no unilateral administrative placement change (TEC §37.004(a))
MDR must be conducted with the parent and relevant ARD committee members within 10 school days of a disciplinary placement change decision, determining whether the conduct was caused by the disability or a failure to implement the IEP (TEC §37.004(b); 34 CFR §300.530(e))
Within 10 school days of a placement change, the district must seek parental consent for FBA (if none exists or existing assessment is over one year old), review existing assessments, and develop or revise the BIP (TEC §37.004(b-1))
DAEP placements must provide services supporting the student's IEP goals; placement solely for educational purposes without disciplinary justification is prohibited (TEC §37.004(c))
Teachers serving students with disabilities in DAEP settings must hold appropriate TEA special education certification (TEC §37.004(d))
Students with disabilities removed for discipline — including DAEP placement — must continue to receive educational services enabling participation in the general education curriculum and progress toward IEP goals (34 CFR §300.530(d); TEC §37.004)
Key Timelines
10 school days: MDR must be conducted after any disciplinary placement change decision (TEC §37.004(b); 34 CFR §300.530(e))
10 school days: district must seek FBA consent and review/revise BIP within 10 school days of placement change (TEC §37.004(b-1))
10 consecutive school days: removal without triggering IDEA change-in-placement protections; cumulative removals forming a pattern after 10 school days total also trigger protections (34 CFR §300.530(b); 34 CFR §300.536)
45 school days: maximum IAES placement for weapons, illegal drugs, or serious bodily injury regardless of MDR outcome (34 CFR §300.530(g))