Texas school expulsion laws are set out in Chapter 37 of the Texas Education Code, which lists the offenses that force a district to expel a student, the offenses where the district can choose to expel, the hearing a student is entitled to before removal, and the alternative schooling that must be offered afterward. Expulsion in Texas means removal from the regular campus for an extended period, sometimes a full school year or longer, and the rules differ sharply depending on the offense, the student’s age, and whether the student has a disability.
Offenses That Require Expulsion
For certain serious offenses, the district has no discretion. Education Code 37.007(a) requires expulsion regardless of the student’s age, disciplinary history, or circumstances, and the mandatory grounds apply whether the conduct happened on or off school property.1State of Texas. Texas Education Code 37-007 – Expulsion for Serious Offenses
- Carrying a weapon prohibited by Texas Penal Code 46.05, which covers explosive devices, machine guns, armor-piercing ammunition, chemical dispensing devices, zip guns, and improvised explosive devices.2State of Texas. Texas Penal Code 46-05 – Prohibited Weapons
- Aggravated assault, sexual assault, murder, capital murder, attempted murder, manslaughter, criminally negligent homicide, kidnapping, aggravated robbery, or arson.
- Indecency with a child or continuous sexual abuse of a young child or disabled individual.
- Assault against a district employee or volunteer under Penal Code 22.01(a)(1).
- Exhibiting or threatening to use a firearm at school under Education Code 37.125.
- Conduct that would qualify as a felony drug offense under the Health and Safety Code.
One point that often catches families off guard: assault against another student is not on the mandatory list. It falls under provisions that give the district more flexibility. Assault against a school employee, however, requires expulsion even if no serious injury results.
Firearms and the One-Year Minimum
Federal law adds another layer. Under the Gun-Free Schools Act, any student who brings a firearm to school or possesses one on campus must be expelled for at least one calendar year.3Office of the Law Revision Counsel. 20 USC 7961 – Gun-Free Requirements Texas mirrors this in Education Code 37.007(e), and the rule applies to any firearm as defined by federal law, loaded or not.
The superintendent or chief administrative officer can shorten the one-year term for an individual student, but the modification has to be in writing and documented case by case.4U.S. Department of Education. Guidance Concerning State and Local Responsibilities Under the Gun-Free Schools Act It is not automatic. A parent generally has to request it and explain why the student’s situation justifies a shorter removal.
Offenses Where the District May Choose to Expel
A separate category under Education Code 37.007(b) gives districts discretion. These grounds generally involve conduct on or within 300 feet of school property, or at a school-sponsored event.
- Selling, possessing, using, or being under the influence of marijuana, a controlled substance, a dangerous drug, or alcohol on or near school property or at a school event.
- Making a bomb threat or similar false alarm involving a school.
- Retaliation against a school employee, regardless of where it occurs.
- Felony-level criminal mischief involving school property.
The mandatory-versus-discretionary distinction shapes everything about the hearing. When the offense is discretionary, there is room to argue that expulsion is too severe and that placement in a Disciplinary Alternative Education Program, or another lesser consequence, is more appropriate. When the offense is mandatory, the hearing focuses on whether the conduct actually occurred.
Off-Campus Conduct
Mandatory offenses reach off-campus conduct. A student charged with aggravated assault or aggravated robbery on a weekend faces mandatory expulsion even though the incident had nothing to do with school. Discretionary drug and alcohol offenses, by contrast, generally require a connection to school property or a school event.
Weapons on School Grounds
Texas Penal Code 46.03 prohibits bringing a firearm, a location-restricted knife (any knife with a blade over five and one-half inches), a club, or any Penal Code 46.05 prohibited weapon onto school premises, school-sponsored events, or school transportation.5State of Texas. Texas Penal Code 46-03 – Places Weapons Prohibited Adults can carry long-bladed knives in most public places under current Texas law, but schools remain restricted locations, and students sometimes don’t realize that a knife legal in a truck or on the street becomes a criminal offense the moment they carry it onto campus.
The Expulsion Hearing
No student can be expelled without a hearing. Education Code 37.009 entitles the student to written or oral notice of the reasons for the proposed removal, an explanation of the evidence the district is relying on, and an opportunity to respond.6State of Texas. Texas Education Code 37-009 – Conference; Hearing; Review The hearing takes place before the school board or a designated hearing officer, depending on district policy. If the student is removed from campus before the hearing, the district must provide educational services during the interim.
The statute does not spell out every hearing right in detail. Many districts allow parents and students to bring legal counsel, present witnesses, and submit documentary evidence, but those protections usually come from local board policy rather than state law. Before the hearing, ask the district in writing what procedures will apply, whether you can bring an attorney, and how you can obtain copies of the evidence the administration plans to present. If the policies grant those rights, enforce them. If they don’t, you may need legal counsel to argue for broader due process.
The hearing officer or board issues a written decision at the conclusion of the hearing.
Appealing an Expulsion
If a hearing officer or other designee made the decision, families can appeal to the full board of trustees. If the board itself made the original decision, the next step is a trial de novo in a district court in the county where the district’s central administrative office sits.6State of Texas. Texas Education Code 37-009 – Conference; Hearing; Review A trial de novo means the court reviews the case from scratch rather than deciding whether the board acted reasonably.
The statute does not set a specific appeal deadline, so the timeline comes from local board policy. Districts commonly require written notice of appeal within a short window after the decision is communicated. Check the student code of conduct and board policies immediately after an unfavorable ruling, because missing the deadline can forfeit the right to appeal entirely.
Board-level appeals typically focus on whether the evidence supported the decision and whether the district followed its own policies and state law. Bring any new evidence or documentation that was unavailable at the original hearing. If the board upholds the expulsion and the family pursues judicial review, hiring an attorney experienced in education law is strongly advisable, since district court proceedings follow formal civil litigation rules.
Students with IEPs or 504 Plans
Students covered by the Individuals with Disabilities Education Act or Section 504 get additional protections before they can be expelled, because removing them from school can amount to denying the free appropriate public education federal law guarantees.
School personnel can remove a student with a disability from the current placement for up to ten consecutive school days to the same extent they would remove a student without a disability for the same conduct. Once removals exceed ten school days in the same school year and amount to a change of placement, the district must continue providing educational services so the student can keep progressing in the general curriculum.7eCFR. 34 CFR 300-530 – Authority of School Personnel
Manifestation Determination Review
Before any disciplinary change in placement that would exceed ten consecutive school days, the district, the parents, and relevant members of the IEP team must hold a manifestation determination review within ten school days of the decision. The team looks at the IEP, teacher observations, and information from the parents to answer two questions:
- Was the conduct caused by, or directly and substantially related to, the student’s disability?
- Was the conduct the direct result of the district’s failure to implement the IEP?
If either answer is yes, the behavior is a manifestation of the disability and the student cannot be expelled. The team must return the student to the previous placement (unless the parents and district agree otherwise) and conduct a functional behavioral assessment if one hasn’t been done. If the district failed to implement the IEP, it must correct those failures immediately.
If neither answer is yes, the district can apply the same consequences it would apply to any other student, but it must still provide educational services throughout the expulsion. A student with an IEP cannot simply be sent home with nothing, even when the behavior is not a manifestation of the disability.
Special Circumstances Exception
Regardless of the manifestation determination outcome, school personnel can move a student with a disability to an interim alternative educational setting for up to 45 school days if the student brings a weapon to school, possesses or uses illegal drugs at school, or inflicts serious bodily injury on another person at school. This authority applies even when the behavior is tied to the disability.
Schooling During the Expulsion
Expulsion in Texas does not usually mean the end of schooling. State law requires alternative placement through one of two programs, depending on the offense.
Disciplinary Alternative Education Programs
Every district must operate a DAEP that provides instruction in English language arts, mathematics, science, history, and self-discipline. The program uses certified teachers, provides supervision and counseling, and keeps DAEP students separated from the general student population.8State of Texas. Texas Education Code 37-008 – Disciplinary Alternative Education Programs Rules are stricter than at a regular campus and extracurricular activities are limited.
Students placed in a DAEP must be given the chance to complete coursework needed for graduation before the next school year begins, and the district cannot charge the student for those courses. Districts can offer the work through distance learning, correspondence courses, or summer school.
For firearm-related expulsions, DAEP placement is required for students under age ten. For students ten and older, DAEP placement is optional, which means some expelled students may not receive district-provided educational services at all unless their family pushes for it.
Juvenile Justice Alternative Education Programs
JJAEPs serve students expelled for the most serious offenses and operate under the authority of county juvenile boards rather than school districts. Counties with populations greater than 125,000 must establish a JJAEP; smaller counties may create one but are not required to.9State of Texas. Texas Education Code 37-011 – Juvenile Justice Alternative Education Programs
JJAEPs focus on English language arts, mathematics, science, social studies, and self-discipline, and must operate at least seven hours per day for 180 days per year. The juvenile board and the student’s parent are required to review academic progress regularly, and for high school students the program must establish a specific graduation plan. Credit earned in a JJAEP counts as credit earned in the student’s home district.
If a student’s county has no JJAEP and the offense doesn’t qualify for the district’s DAEP, educational options can become limited. Families in smaller counties should ask the district in writing what services will be provided during the expulsion.
How an Expulsion Follows the Student
An expulsion does not stay quietly in one school’s files. When a student transfers to a new district, the original district must send a copy of the expulsion order with the other records. The receiving district can then either continue enforcing the original expulsion terms or allow the student to attend regular classes.10State of Texas. Texas Education Code 37-022 – Notice of Disciplinary Action
Separately, when a student enrolls in a new Texas public school, the previous district must furnish a copy of the disciplinary record and any threat assessments within ten working days of receiving the request.11Texas Education Agency. House Bill 3 Transfer of Student Records Changing districts does not give the student a clean slate.
Texas law does not require that an expulsion be permanently attached to a student’s academic transcript. Many college applications, however, ask whether the applicant has ever been suspended or expelled, and dishonesty on an application can result in a rescinded admission. Students applying to college should work with a school counselor to understand what their records show and how to disclose the expulsion honestly. If the underlying conduct also produced a juvenile record, that record can sometimes be sealed or expunged through a separate legal proceeding, and an attorney can advise whether the specific offense qualifies.