Texas Education Code 37.004 – Placement of Students With Disabilities
(a) The placement of a student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal committee.
(b) Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in placement under federal law may be taken only after the student’s admission, review, and dismissal committee conducts a manifestation determination review under 20 U.S.C. § 1415(k)(4) and its subsequent amendments. Any disciplinary action regarding the student shall be determined in accordance with federal law and regulations, including laws or regulations requiring the provision of:
(1) functional behavioral assessments;
(2) positive behavioral interventions, strategies, and supports;
(3) behavioral intervention plans; and
(4) the manifestation determination review.
Terms Used In Texas Education Code 37.004
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(b-1) If a school district takes a disciplinary action regarding a student with a disability who receives special education services that constitutes a change in placement under federal law, the district shall:
(1) not later than the 10th school day after the change in placement:
(A) seek consent from the student’s parent or person standing in parental relation to the student to conduct a functional behavioral assessment of the student, if a functional behavioral assessment has never been conducted on the student or the student’s most recent functional behavioral assessment is more than one year old; and
(B) review any previously conducted functional behavioral assessment of the student and any behavior improvement plan or behavioral intervention plan developed for the student based on that assessment; and
(2) as necessary:
(A) develop a behavior improvement plan or behavioral intervention plan for the student if the student does not have a plan; or
(B) if the student has a behavior improvement plan or behavioral intervention plan, revise the student’s plan.
(c) A student with a disability who receives special education services may not be placed in alternative education programs solely for educational purposes.
(d) A teacher in an alternative education program under § 37.008 who has a special education assignment must hold an appropriate certificate or permit for that assignment.