Tex. Educ. Code Section 37.007
Expulsion for Serious Offenses


(a)

Except as provided by Subsection (k) and subject to the requirements of Section 37.009 (Conference; Hearing; Review)(a), a student shall be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property:

(1)

engages in conduct that contains the elements of the offense of unlawfully carrying weapons under Section 46.02 (Unlawful Carrying Weapons), Penal Code, or elements of an offense relating to prohibited weapons under Section 46.05 (Prohibited Weapons), Penal Code;

(2)

engages in conduct that contains the elements of the offense of:

(A)

aggravated assault under Section 22.02 (Aggravated Assault), Penal Code, sexual assault under Section 22.011 (Sexual Assault), Penal Code, or aggravated sexual assault under Section 22.021 (Aggravated Sexual Assault), Penal Code;

(B)

arson under Section 28.02 (Arson), Penal Code;

(C)

murder under Section 19.02 (Murder), Penal Code, capital murder under Section 19.03 (Capital Murder), Penal Code, or criminal attempt, under Section 15.01 (Criminal Attempt), Penal Code, to commit murder or capital murder;

(D)

indecency with a child under Section 21.11 (Indecency with a Child), Penal Code;

(E)

aggravated kidnapping under Section 20.04 (Aggravated Kidnapping), Penal Code;

(F)

aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code;

(G)

manslaughter under Section 19.04 (Manslaughter), Penal Code;

(H)

criminally negligent homicide under Section 19.05 (Criminally Negligent Homicide), Penal Code; or

(I)

continuous sexual abuse of young child or disabled individual under Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual), Penal Code; or

(3)

engages in conduct specified by Section 37.006 (Removal for Certain Conduct)(a)(2)(C), if the conduct is punishable as a felony.

(b)

A student may be expelled if the student:

(1)

engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06 (False Alarm or Report), Penal Code, or terroristic threat under Section 22.07 (Terroristic Threat), Penal Code;

(2)

while on or within 300 feet of school property, as measured from any point on the school’s real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:

(A)

sells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of:
(i)
marihuana or a controlled substance, as defined by Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;
(ii)
a dangerous drug, as defined by Chapter 483 (Dangerous Drugs), Health and Safety Code; or
(iii)
an alcoholic beverage, as defined by Section 1.04 (Definitions), Alcoholic Beverage Code;

(B)

engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections 485.031 (Possession and Use) through 485.034 (Failure to Post Sign), Health and Safety Code;

(C)

engages in conduct that contains the elements of an offense under Section 22.01 (Assault)(a)(1), Penal Code, against a school district employee or a volunteer as defined by Section 22.053; or

(D)

engages in conduct that contains the elements of the offense of deadly conduct under Section 22.05 (Deadly Conduct), Penal Code;

(3)

subject to Subsection (d), while within 300 feet of school property, as measured from any point on the school’s real property boundary line:

(A)

engages in conduct specified by Subsection (a); or

(B)

possesses a firearm, as defined by 18 U.S.C. Section 921;

(4)

engages in conduct that contains the elements of any offense listed in Subsection (a)(2)(A) or (C) or the offense of aggravated robbery under Section 29.03 (Aggravated Robbery), Penal Code, against another student, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property; or

(5)

engages in conduct that contains the elements of the offense of breach of computer security under Section 33.02 (Breach of Computer Security), Penal Code, if:

(A)

the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district; and

(B)

the student knowingly:
(i)
alters, damages, or deletes school district property or information; or
(ii)
commits a breach of any other computer, computer network, or computer system.

(c)

A student may be expelled if the student, while placed in a disciplinary alternative education program, engages in documented serious misbehavior while on the program campus despite documented behavioral interventions. For purposes of this subsection, “serious misbehavior” means:

(1)

deliberate violent behavior that poses a direct threat to the health or safety of others;

(2)

extortion, meaning the gaining of money or other property by force or threat;

(3)

conduct that constitutes coercion, as defined by Section 1.07 (Definitions), Penal Code; or

(4)

conduct that constitutes the offense of:

(A)

public lewdness under Section 21.07 (Public Lewdness), Penal Code;

(B)

indecent exposure under Section 21.08 (Indecent Exposure), Penal Code;

(C)

criminal mischief under Section 28.03 (Criminal Mischief), Penal Code;

(D)

personal hazing under Section 37.152 (Personal Hazing Offense); or

(E)

harassment under Section 42.07 (Harassment)(a)(1), Penal Code, of a student or district employee.

(d)

A student shall be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (a), and may be expelled if the student engages in conduct that contains the elements of any offense listed in Subsection (b)(2)(C), against any employee or volunteer in retaliation for or as a result of the person’s employment or association with a school district, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property.

(e)

In accordance with 20 U.S.C. Section 7151, a local educational agency, including a school district, home-rule school district, or open-enrollment charter school, shall expel a student who brings a firearm, as defined by 18 U.S.C. Section 921, to school. The student must be expelled from the student’s regular campus for a period of at least one year, except that:

(1)

the superintendent or other chief administrative officer of the school district or of the other local educational agency, as defined by 20 U.S.C. Section 7801, may modify the length of the expulsion in the case of an individual student;

(2)

the district or other local educational agency shall provide educational services to an expelled student in a disciplinary alternative education program as provided by Section 37.008 (Disciplinary Alternative Education Programs) if the student is younger than 10 years of age on the date of expulsion; and

(3)

the district or other local educational agency may provide educational services to an expelled student who is 10 years of age or older in a disciplinary alternative education program as provided in Section 37.008 (Disciplinary Alternative Education Programs).

(f)

A student who engages in conduct that contains the elements of the offense of criminal mischief under Section 28.03 (Criminal Mischief), Penal Code, may be expelled at the district’s discretion if the conduct is punishable as a felony under that section. The student shall be referred to the authorized officer of the juvenile court regardless of whether the student is expelled.

(g)

In addition to any notice required under Article 15.27 (Notification to Schools Required), Code of Criminal Procedure, a school district shall inform each educator who has responsibility for, or is under the direction and supervision of an educator who has responsibility for, the instruction of a student who has engaged in any violation listed in this section of the student’s misconduct. Each educator shall keep the information received under this subsection confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student’s parent or guardian as provided for by state or federal law. The State Board for Educator Certification may revoke or suspend the certification of an educator who intentionally violates this subsection.

(h)

Subject to Subsection (e), notwithstanding any other provision of this section, a student who is younger than 10 years of age may not be expelled for engaging in conduct described by this section.

(i)

A student who engages in conduct described by Subsection (a) may be expelled from school by the district in which the student attends school if the student engages in that conduct:

(1)

on school property of another district in this state; or

(2)

while attending a school-sponsored or school-related activity of a school in another district in this state.

(k)

A student may not be expelled solely on the basis of the student’s use, exhibition, or possession of a firearm that occurs:

(1)

at an approved target range facility that is not located on a school campus; and

(2)

while participating in or preparing for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Parks and Wildlife Department or a shooting sports sanctioning organization working with the department.

(l)

Subsection (k) does not authorize a student to bring a firearm on school property to participate in or prepare for a school-sponsored shooting sports competition or a shooting sports educational activity described by that subsection.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1015, Sec. 5, eff. June 19, 1997; Acts 1999, 76th Leg., ch. 542, Sec. 1, eff. Aug. 30, 1999; Acts 2001, 77th Leg., ch. 486, Sec. 2, eff. June 11, 2001; Acts 2003, 78th Leg., ch. 225, Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 443, Sec. 1, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1055, Sec. 10, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 504 (H.B. 603), Sec. 4, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 5.004, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.26, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 338 (H.B. 1020), Sec. 1, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 948 (H.B. 968), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 963 (H.B. 1224), Sec. 1, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1267 (S.B. 107), Sec. 3, eff. June 20, 2015.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.16, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 797 (H.B. 114), Sec. 2, eff. September 1, 2023.

Source: Section 37.007 — Expulsion for Serious Offenses, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­37.­htm#37.­007 (accessed Mar. 16, 2024).

37.001
Student Code of Conduct
37.002
Removal by Teacher
37.003
Placement Review Committee
37.004
Placement of Students with Disabilities
37.005
Suspension
37.006
Removal for Certain Conduct
37.007
Expulsion for Serious Offenses
37.008
Disciplinary Alternative Education Programs
37.009
Conference
37.010
Court Involvement
37.0011
Use of Corporal Punishment
37.011
Juvenile Justice Alternative Education Program
37.0012
Designation of Campus Behavior Coordinator
37.012
Funding of Juvenile Justice Alternative Education Programs
37.0013
Positive Behavior Program
37.013
Coordination Between School Districts and Juvenile Boards
37.014
Court-related Children--liaison Officers
37.015
Reports to Local Law Enforcement
37.016
Report of Drug Offenses
37.017
Destruction of Certain Records
37.018
Information for Educators
37.019
Emergency Placement or Expulsion
37.020
Reports Relating to Out-of-school Suspensions, Expulsions, and Disciplinary Alternative Education Program Placements
37.021
Opportunity to Complete Courses During In-school and Certain Other Placements
37.0021
Use of Confinement, Restraint, Seclusion, and Time-out
37.0022
Removal by School Bus Driver
37.022
Notice of Disciplinary Action
37.023
Transition from Alternative Education Program to Regular Classroom
37.0023
Prohibited Aversive Techniques
37.051
Establishment
37.0051
Placement of Students Committing Sexual Assault Against Another Student
37.052
Cooperative Programs
37.0052
Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior
37.053
Cooperation of Governmental Agencies
37.054
Parental Notice, Consent, and Access to Information
37.055
Parental Involvement
37.056
Court Supervision
37.0061
Funding for Alternative Education Services in Juvenile Residential Facilities
37.0062
Instructional Requirements for Alternative Education Services in Juvenile Residential Facilities
37.081
School District Peace Officers, School Resource Officers, and Security Personnel
37.0081
Expulsion and Placement of Certain Students in Alternative Settings
37.082
Possession of Paging Devices
37.0082
Assessment of Academic Growth of Students in Disciplinary Alternative Education Programs
37.083
Discipline Management Programs
37.084
Interagency Sharing of Records
37.085
Arrests Prohibited for Certain Class C Misdemeanors
37.086
Required Posting of Warning Signs of Increased Trafficking Penalties
37.087
Immunity from Liability
37.089
Role of Persons Carrying a Firearm on School Grounds
37.0091
Notice to Noncustodial Parent
37.101
Applicability of Criminal Laws
37.102
Rules
37.103
Enforcement of Rules
37.104
Courts Having Jurisdiction
37.105
Unauthorized Persons: Refusal of Entry, Ejection, Identification
37.106
Vehicle Identification Insignia
37.107
Trespass on School Grounds
37.108
Multihazard Emergency Operations Plan
37.109
School Safety and Security Committee
37.110
Information Regarding Gang-free Zones
37.113
Notification Regarding Bomb Threat or Terroristic Threat
37.114
Best Practices for Emergency School Drills and Exercises
37.115
Threat Assessment and Safe and Supportive School Program and Team
37.117
Silent Panic Alert Technology
37.119
Certain Private Provider Access to School Safety Training
37.121
Fraternities, Sororities, Secret Societies, and Gangs
37.122
Possession of Intoxicants on Public School Grounds
37.123
Disruptive Activities
37.124
Disruption of Classes
37.125
Exhibition, Use, or Threat of Exhibition or Use of Firearms
37.126
Disruption of Transportation
37.141
Definitions
37.142
Conflict of Law
37.143
Citation Prohibited
37.144
Graduated Sanctions for Certain School Offenses
37.145
Complaint
37.146
Requisites of Complaint
37.147
Prosecuting Attorneys
37.148
Right to Report Crime
37.151
Definitions
37.0151
Report to Local Law Enforcement Regarding Certain Conduct Constituting Assault or Harassment
37.152
Personal Hazing Offense
37.153
Organization Hazing Offense
37.154
Consent Not a Defense
37.155
Immunity from Prosecution or Civil Liability Available
37.156
Offenses in Addition to Other Penal Provisions
37.157
Reporting by Medical Authorities
37.158
Venue
37.0181
Professional Development Regarding Disciplinary Procedures
37.201
Definition
37.202
Purpose
37.203
Board
37.204
Officers
37.205
Safety Training Programs
37.207
Model Safety and Security Audit Procedure
37.208
On-site Assistance
37.209
Center Website
37.211
Recognition of Schools
37.212
Interagency Cooperation
37.213
Public Junior Colleges
37.214
Authority to Accept Certain Funds
37.215
Budget
37.216
Biennial Report
37.217
Community Education Relating to Internet Safety
37.218
Programs on Dangers of Students Sharing Visual Material Depicting Minor Engaged in Sexual Conduct
37.220
Model Threat Assessment Team Policies and Procedures
37.221
Facilities Standards Review
37.222
Resources on Safe Firearm Storage
37.301
Definition
37.302
Applicability
37.303
Removal of Registered Sex Offender from Regular Classroom
37.304
Placement of Registered Sex Offender Who Is Under Court Supervision
37.305
Placement of Registered Sex Offender Who Is Not Under Court Supervision
37.306
Review of Placement in Alternative Education Program
37.307
Placement and Review of Student with Disability
37.308
Transfer of Registered Sex Offender
37.309
Placement in Disciplinary Alternative Education Program or Juvenile Justice Alternative Education Program
37.310
Funding for Registered Sex Offender Placed in Juvenile Justice Alternative Education Program
37.311
Conference
37.312
Liability
37.313
Conflicts of Law
37.351
Facilities Standards Compliance
37.352
Purchasing Requirements
37.353
Good Cause Exception
37.354
Funding for Facilities Standards Compliance
37.355
Confidentiality
37.0811
School Marshals: Public Schools
37.0812
Training Policy: School District Peace Officers and School Resource Officers
37.0813
School Marshals: Private Schools
37.0814
Armed Security Officer Required
37.0815
Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Area
37.0818
Private School Peace Officers
37.0831
Dating Violence Policies
37.0832
Bullying Prevention Policies and Procedures
37.1081
Public Hearing on Multihazard Emergency Operations Plan Noncompliance
37.1082
Multihazard Emergency Operations Plan Noncompliance
37.1083
Agency Monitoring of School District Safety and Security Requirements
37.1084
Regional School Safety Review Teams
37.1085
Assignment of Conservator for Noncompliance with School Safety and Security Requirements
37.1086
Guidelines for Multihazard Emergency Operations Plan Provisions for Individuals with Disabilities or Impairments
37.1131
Notification Regarding Violent Activity
37.1141
Active Threat Exercises
37.2071
District Multihazard Emergency Operations Plan Review and Verification
37.2091
Registry of Persons Providing School Safety or Security Consulting Services
37.2121
Memoranda of Understanding and Mutual Aid Agreements
37.2161
School Safety and Security Progress Report
37.08131
Memorandum of Understanding Between Public and Private Schools Regarding School Marshals

Accessed:
Mar. 16, 2024

§ 37.007’s source at texas​.gov