reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0151. Report to Local Law Enforcement Regarding Certain Conduct Constituting Assault or Harassment; Liability

Sec. 37.0151.  REPORT TO LOCAL LAW ENFORCEMENT REGARDING CERTAIN CONDUCT CONSTITUTING ASSAULT OR HARASSMENT; LIABILITY.  (a)  The principal of a public primary or secondary school, or a person designated by the principal under Subsection (c), may make a report to any school district police department, if applicable, or the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if, after an investigation is completed, the principal has reasonable grounds to believe that a student engaged in conduct that constitutes an offense under Section 22.01 or 42.07(a)(7), Penal Code.
(b)  A person who makes a report under this section may include the name and address of each student the person believes may have participated in the conduct.
(c)  The principal of a public primary or secondary school may designate a school employee, other than a school counselor, who is under the supervision of the principal to make the report under this section.
(d)  A person who is not a school employee but is employed by an entity that contracts with a district or school to use school property is not required to make a report under this section and may not be designated by the principal of a public primary or secondary school to make a report.  A person who voluntarily makes a report under this section is immune from civil or criminal liability.
(e)  A person who takes any action under this section is immune from civil or criminal liability or disciplinary action resulting from that action.
(f)  Notwithstanding any other law, this section does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act under this section.
(g)  A school district and school personnel and school volunteers are immune from suit resulting from an act under this section, including an act under related policies and procedures.
(h)  An act by school personnel or a school volunteer under this section, including an act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered to be a ministerial act for purposes of liability of the school district or the district's employees.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.016. Report of Drug Offenses; Liability

Sec. 37.016.  REPORT OF DRUG OFFENSES;  LIABILITY.  A teacher, school administrator, or school employee is not liable in civil damages for reporting to a school administrator or governmental authority, in the exercise of professional judgment within the scope of the teacher's, administrator's, or employee's duties, a student whom the teacher suspects of using, passing, or selling, on school property:
(1)  marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code;
(2)  a dangerous drug, as defined by Chapter 483, Health and Safety Code;
(3)  an abusable glue or aerosol paint, as defined by Chapter 485, Health and Safety Code, or a volatile chemical, as listed in Chapter 484, Health and Safety Code, if the substance is used or sold for the purpose of inhaling its fumes or vapors;  or
(4)  an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.017. Destruction of Certain Records

Sec. 37.017.  DESTRUCTION OF CERTAIN RECORDS.  Information received by a school district under Article 15.27, Code of Criminal Procedure, may not be attached to the permanent academic file of the student who is the subject of the report.  The school district shall destroy the information at the end of the school year in which the report was filed.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.018. Information for Educators

Sec. 37.018.  INFORMATION FOR EDUCATORS.  Each school district shall provide each teacher and administrator with a copy of this subchapter and with a copy of the local policy relating to this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.0181. Professional Development Regarding Disciplinary Procedures

Sec. 37.0181.  PROFESSIONAL DEVELOPMENT REGARDING DISCIPLINARY PROCEDURES.  (a)  Each principal or other appropriate administrator who oversees student discipline shall, at least once every three school years, attend professional development training regarding this subchapter, including training relating to the distinction between a discipline management technique used at the principal's discretion under Section 37.002(a) and the discretionary authority of a teacher to remove a disruptive student under Section 37.002(b).
(b)  Professional development training under this section may be provided in coordination with regional education service centers through the use of distance learning methods, such as telecommunications networks, and using available agency resources.
Added by Acts 2013, 83rd Leg., R.S., Ch. 329 (H.B. 1952), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.019. Emergency Placement or Expulsion

Sec. 37.019.  EMERGENCY PLACEMENT OR EXPULSION.  (a)  This subchapter does not prevent the principal or the principal's designee from ordering the immediate placement of a student in a disciplinary alternative education program if the principal or the principal's designee reasonably believes the student's behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher's ability to communicate effectively with the students in a class, with the ability of the student's classmates to learn, or with the operation of school or a school-sponsored activity.
(b)  This subchapter does not prevent the principal or the principal's designee from ordering the immediate expulsion of a student if the principal or the principal's designee reasonably believes that action is necessary to protect persons or property from imminent harm.
(c)  At the time of an emergency placement or expulsion, the student shall be given oral notice of the reason for the action.  The reason must be a reason for which placement in a disciplinary alternative education program or expulsion may be made on a nonemergency basis.  Within a reasonable time after the emergency placement or expulsion, but not later than the 10th day after the date of the placement or expulsion, the student shall be accorded the appropriate due process as required under Section 37.009.  If the student subject to the emergency placement or expulsion is a student with disabilities who receives special education services, the emergency placement or expulsion is subject to federal law and regulations and must be consistent with the consequences that would apply under this subchapter to a student without a disability.
(d)  A principal or principal's designee is not liable in civil damages for an emergency placement under this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 767, Sec. 7, eff. June 13, 2001;  Acts 2003, 78th Leg., ch. 1055, Sec. 20, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.021. Opportunity to Complete Courses During In-School and Certain Other Placements

Sec. 37.021.  OPPORTUNITY TO COMPLETE COURSES DURING IN-SCHOOL AND CERTAIN OTHER PLACEMENTS.  (a)  If a school district removes a student from the regular classroom and places the student in in-school suspension or another setting other than a disciplinary alternative education program, the district shall offer the student the opportunity to complete before the beginning of the next school year each course in which the student was enrolled at the time of the removal.
(b)  The district may provide the opportunity to complete courses by any method available, including a correspondence course, distance learning, or summer school.
Added by Acts 2003, 78th Leg., ch. 1055, Sec. 22, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter A. Alternative Settings for Behavior Management › Section 37.022. Notice of Disciplinary Action

Sec. 37.022.  NOTICE OF DISCIPLINARY ACTION.  (a)  In this section:
(1)  "Disciplinary action" means a suspension, expulsion, placement in an alternative education program, or other limitation in enrollment eligibility of a student by a district or school.
(2)  "District or school" includes an independent school district, a home-rule school district, a campus or campus program charter holder, or an open-enrollment charter school.
(b)  If a district or school takes disciplinary action against a student and the student subsequently enrolls in another district or school before the expiration of the period of disciplinary action, the governing body of the district or school taking the disciplinary action shall provide to the district or school in which the student enrolls, at the same time other records of the student are provided, a copy of the order of disciplinary action.
(c)  Subject to Section 37.007(e), the district or school in which the student enrolls may continue the disciplinary action under the terms of the order or may allow the student to attend regular classes without completing the period of disciplinary action.
Added by Acts 2003, 78th Leg., ch. 631, Sec. 1, eff. June 20, 2003.
Renumbered from Education Code, Section 37.021 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(16), eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter B. School-Community Guidance Centers › Section 37.051. Establishment

Sec. 37.051.  ESTABLISHMENT.  Each school district may establish a school-community guidance center designed to locate and assist children with problems that interfere with education, including juvenile offenders and children with severe behavioral problems or character disorders.  Each center shall coordinate the efforts of school district personnel, local police departments, school attendance officers, and probation officers in working with students, dropouts, and parents in identifying and correcting factors that adversely affect the education of the children.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter B. School-Community Guidance Centers › Section 37.052. Cooperative Programs

Sec. 37.052.  COOPERATIVE PROGRAMS.  The board of trustees of a school district may develop cooperative programs with state youth agencies for children found to have engaged in delinquent conduct.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter B. School-Community Guidance Centers › Section 37.053. Cooperation of Governmental Agencies

Sec. 37.053.  COOPERATION OF GOVERNMENTAL AGENCIES.  (a)  Each governmental agency that is concerned with children and that has jurisdiction in the school district shall cooperate with the school-community guidance centers on the request of the superintendent of the district and shall designate a liaison to work with the centers in identifying and correcting problems affecting school-age children in the district.
(b)  The governmental agency may establish or finance a school-community guidance center jointly with the school district according to terms approved by the governing body of each entity participating in the joint establishment or financing of the center.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter B. School-Community Guidance Centers › Section 37.054. Parental Notice, Consent, and Access to Information

Sec. 37.054.  PARENTAL NOTICE, CONSENT, AND ACCESS TO INFORMATION.  (a)  Before a student is admitted to a school-community guidance center, the administrator of the center must notify the student's parent or guardian that the student has been assigned to attend the center.
(b)  The notification must include:
(1)  the reason that the student has been assigned to the center;
(2)  a statement that on request the parent or guardian is entitled to be fully informed in writing of any treatment method or testing program involving the student;  and
(3)  a statement that the parent or guardian may request to be advised and to give written, signed consent for any psychological testing or treatment involving the student.
(c)  If, after notification, a parent refuses to consent to testing or treatment of the student, the center may not provide any further psychological treatment or testing.
(d)  A parent or guardian of a student attending a center is entitled to inspect:
(1)  any instructional or guidance material to be used by the student, including teachers' manuals, tapes, and films;  and
(2)  the results of any treatment, testing, or guidance method involving the student.
(e)  The administrator of the center may set a schedule for inspection of materials that allows reasonable access but does not interfere with the conduct of classes or business activities of the school.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter B. School-Community Guidance Centers › Section 37.055. Parental Involvement

Sec. 37.055.  PARENTAL INVOLVEMENT.  (a)  On admitting a student to a school-community guidance center, a representative of the school district, the student, and the student's parent shall develop an agreement that specifies the responsibilities of the parent and the student.  The agreement must include:
(1)  a statement of the student's behavioral and learning objectives;
(2)  a requirement that the parent attend specified meetings and conferences for teacher review of the student's progress;  and
(3)  the parent's acknowledgement that the parent understands and accepts the responsibilities imposed by the agreement regarding attendance at meetings and conferences and assistance in meeting other objectives, defined by the district, to aid student remediation.
(b)  The superintendent of the school district may obtain a court order from a district court in the school district requiring a parent to comply with an agreement made under this section.  A parent who violates a court order issued under this subsection may be punished for contempt of court.
(c)  In this section, "parent" includes a legal guardian.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter B. School-Community Guidance Centers › Section 37.056. Court Supervision

Sec. 37.056.  COURT SUPERVISION.  (a)  In this section, "court" means a juvenile court or alternate juvenile court designated under Chapter 51, Family Code.  The court may delegate responsibility under this section to a referee appointed under Section 51.04, Family Code.
(b)  If a representative of the school district, the student, and the parent or guardian for any reason fail to reach an agreement under Section 37.055, the court may, on the request of any party and after a hearing, enter an order establishing the responsibilities and duties of each of the parties as the court considers appropriate.
(c)  The court may compel attendance at any hearing held under this section through any legal process, including subpoena and habeas corpus.
(d)  If the parties reach an agreement under Section 37.055, and if the written agreement so provides, the court may enter an order that incorporates the terms of the agreement.
(e)  Any party who violates an order issued under this section may be punished for contempt of court.
(f)  A school district may enter into an agreement to share the costs incurred by a county under this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.0812. Training Policy: School District Peace Officers and School Resource Officers

Sec. 37.0812.  TRAINING POLICY: SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS.  (a)  A school district peace officer or school resource officer shall complete an active shooter response training program approved by the Texas Commission on Law Enforcement at least once in each four-year period.
(b)  A school district that commissions a school district peace officer or at which a school resource officer provides law enforcement shall adopt a policy requiring the officer to complete the education and training program required by Section 1701.263, Occupations Code.
(c)  A school district may not contract for the provision of active shooter response training under this section unless the training provider is certified under Section 1701.2515, Occupations Code, to provide the training.
Added by Acts 2015, 84th Leg., R.S., Ch. 1258 (H.B. 2684), Sec. 1, eff. June 20, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 9, eff. June 6, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1108 (H.B. 2195), Sec. 2, eff. June 14, 2019.
Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 9, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1152 (S.B. 999), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.0813. School Marshals: Private Schools

Sec. 37.0813.  SCHOOL MARSHALS:  PRIVATE SCHOOLS.
(a)  The governing body of a private school may appoint one or more school marshals.
(b)  The governing body of a private school may select for appointment as a school marshal under this section an applicant who is an employee of the school and certified as eligible for appointment under Section 1701.260, Occupations Code.
(c)  A school marshal appointed by the governing body of a private school may carry a concealed handgun or possess a handgun on the physical premises of a school, but only in the manner provided by written regulations adopted by the governing body.
(d)  Any written regulations adopted for purposes of Subsection (c) must provide that a school marshal may carry a concealed handgun on the school marshal's person or possess the handgun on the physical premises of a school in a locked and secured safe or other locked and secured location.  The written regulations must also require that a handgun carried or possessed by a school marshal may be loaded only with frangible duty ammunition approved for that purpose by the Texas Commission on Law Enforcement.
(e)  A school marshal may use a handgun the school marshal is authorized to carry or possess under this section only under circumstances that would justify the use of deadly force under Section 9.32 or 9.33, Penal Code.
(f)  A private school employee's status as a school marshal becomes inactive on:
(1)  expiration of the employee's school marshal license under Section 1701.260, Occupations Code;
(2)  suspension or revocation of the employee's license to carry a handgun issued under Subchapter H, Chapter 411, Government Code;
(3)  termination of the employee's employment with the private school; or
(4)  notice from the governing body that the employee's services as school marshal are no longer required.
(g)  The identity of a school marshal appointed under this section is confidential, except as provided by Section 1701.260(j), Occupations Code, and is not subject to a request under Chapter 552, Government Code.
(h)  If a parent or guardian of a student enrolled at a private school inquires in writing, the school shall provide the parent or guardian written notice indicating whether any employee of the school is currently appointed a school marshal.  The notice may not disclose information that is confidential under Subsection (g).
(i)  This section does not apply to a school whose students meet the definition provided by Section 29.916(a)(1).
Added by Acts 2017, 85th Leg., R.S., Ch. 988 (H.B. 867), Sec. 4, eff. June 15, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 463 (H.B. 1387), Sec. 2, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 851 (S.B. 741), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.08131. Memorandum of Understanding Between Public and Private Schools Regarding School Marshals

Sec. 37.08131.  MEMORANDUM OF UNDERSTANDING BETWEEN PUBLIC AND PRIVATE SCHOOLS REGARDING SCHOOL MARSHALS.  (a)  In this section, "public or private primary or secondary school" means a school district, open-enrollment charter school, or private school.
(b)  A public or private primary or secondary school may enter into a memorandum of understanding with another public or private primary or secondary school under which a school marshal appointed to a campus of the school may temporarily act as a school marshal at a campus of the other school for the duration of an event occurring at the campus of the other school at which both schools are participating.  The memorandum of understanding must comply with the requirements for written regulations under Section 37.0811 or 37.0813, as applicable, and may be used to satisfy the requirement for written regulations or written authorization under Section 46.03(a)(1), Penal Code, to allow that school marshal to carry a firearm on the premises of the public or private primary or secondary school at which the event occurs.
Added by Acts 2023, 88th Leg., R.S., Ch. 744 (H.B. 3623), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.0814. Armed Security Officer Required

Sec. 37.0814.  ARMED SECURITY OFFICER REQUIRED.  (a)  The board of trustees of each school district shall determine the appropriate number of armed security officers for each district campus.  The board must ensure that at least one armed security officer is present during regular school hours at each district campus.
(b)  A security officer described by Subsection (a) must be:
(1)  a school district peace officer;
(2)  a school resource officer; or
(3)  a commissioned peace officer employed as security personnel under Section 37.081.
(c)  If the board of trustees of a school district is unable to comply with this section, the board may claim a good cause exception from the requirement to comply with this section if the district's noncompliance is due to the availability of:
(1)  funding; or
(2)  personnel who qualify to serve as a security officer described by Subsection (a).
(d)  The board of trustees of a school district that claims a good cause exception under Subsection (c) must develop an alternative standard with which the district is able to comply, which may include providing a person to act as a security officer who is:
(1)  a school marshal; or
(2)  a school district employee or a person with whom the district contracts who:
(A)  has completed school safety training provided by a qualified handgun instructor certified in school safety under Section 411.1901, Government Code; and
(B)  carries a handgun on school premises in accordance with written regulations or written authorization of the district under Section 46.03(a)(1)(A), Penal Code.
(e)  The board of trustees of a school district must develop and maintain documentation of the district's implementation of and compliance with this section, including documentation related to a good cause exception claimed under Subsection (c), and shall, if requested by the agency, provide that documentation to the agency in the manner prescribed by the agency.
Added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.0815. Transportation or Storage of Firearm and Ammunition by License Holder in School Parking Area

Sec. 37.0815.  TRANSPORTATION OR STORAGE OF FIREARM AND AMMUNITION BY LICENSE HOLDER IN SCHOOL PARKING AREA.  (a)  A school district or open-enrollment charter school may not prohibit a person, including a school employee, who holds a license to carry a handgun under Subchapter H, Chapter 411, Government Code, from transporting or storing a handgun or other firearm or ammunition in a locked, privately owned or leased motor vehicle in a parking lot, parking garage, or other parking area provided by the district or charter school and may not regulate the manner in which the handgun, firearm, or ammunition is stored in the vehicle, provided that the handgun, firearm, or ammunition is not in plain view.
(b)  This section does not authorize a person to possess, transport, or store a handgun, a firearm, or ammunition in violation of Section 37.125 of this code, Section 46.03, Penal Code, or other law.
Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 13, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 758 (H.B. 1143), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 809 (H.B. 1927), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.0818. Private School Peace Officers

Sec. 37.0818.  PRIVATE SCHOOL PEACE OFFICERS.  (a)  This section applies only to a private school that has an enrollment of at least 1,500 students.
(b)  The governing body of a private school to which this section applies may commission peace officers to enforce state and local law on a campus of the school.
(c)  A peace officer commissioned by a private school under this section must meet all minimum standards for peace officers established by the Texas Commission on Law Enforcement.
Added by Acts 2023, 88th Leg., R.S., Ch. 624 (H.B. 4372), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.082. Possession of Paging Devices

Sec. 37.082.  POSSESSION OF PAGING DEVICES.  (a)  The board of trustees of a school district may adopt a policy prohibiting a student from possessing a paging device while on school property or while attending a school-sponsored or school-related activity on or off school property.  The policy may establish disciplinary measures to be imposed for violation of the prohibition and may provide for confiscation of the paging device.
(b)  The policy may provide for the district to:
(1)  dispose of a confiscated paging device in any reasonable manner after having provided the student's parent and the company whose name and address or telephone number appear on the device 30 days' prior notice of its intent to dispose of that device.  The notice shall include the serial number of the device and may be made by telephone, telegraph, or in writing;  and
(2)  charge the owner of the device or the student's parent an administrative fee not to exceed $15 before it releases the device.
(c)  In this section, "paging device" means a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor.  The term does not include an amateur radio under the control of an operator who holds an amateur radio station license issued by the Federal Communications Commission.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 2.02, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.083. Discipline Management Programs; Sexual Harassment Policies

Sec. 37.083.  DISCIPLINE MANAGEMENT PROGRAMS;  SEXUAL HARASSMENT POLICIES.  (a)  Each school district shall adopt and implement a discipline management program to be included in the district improvement plan under Section 11.252. The program must provide for prevention of and education concerning unwanted physical or verbal aggression and sexual harassment in school, on school grounds, and in school vehicles.
(b)  Each school district may develop and implement a sexual harassment policy to be included in the district improvement plan under Section 11.252.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 920 (H.B. 283), Sec. 4, eff. June 18, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 776 (H.B. 1942), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.0831. Dating Violence Policies; Educational Materials and Resources

Sec. 37.0831.  DATING VIOLENCE POLICIES; EDUCATIONAL MATERIALS AND RESOURCES.  (a)  Each school district shall adopt and implement a dating violence policy to be included in the district improvement plan under Section 11.252.
(b)  A dating violence policy must:
(1)  include:
(A)  a definition of dating violence that includes the intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person in a dating relationship, as defined by Section 71.0021, Family Code;
(B)  a clear statement that dating violence is not tolerated at school; and
(C)  reporting procedures and guidelines for students who are victims of dating violence, including a procedure for immediately notifying the parent or guardian of a student about a report received by the district identifying the student as an alleged victim or perpetrator of dating violence; and
(2)  address safety planning, enforcement of protective orders, school-based alternatives to protective orders, training for teachers and administrators at each district campus that instructs students in grade six or higher, counseling for affected students, and awareness education for students and parents.
(c)  To the extent possible, a school district shall make available to students:
(1)  age-appropriate educational materials that include information on the dangers of dating violence; and
(2)  resources to students seeking help.
Added by Acts 2007, 80th Leg., R.S., Ch. 131 (H.B. 121), Sec. 1, eff. May 18, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1045 (S.B. 1267), Sec. 16, eff. June 18, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 13 (S.B. 9), Sec. 3, eff. December 2, 2021.
Acts 2021, 87th Leg., 2nd C.S., Ch. 13 (S.B. 9), Sec. 4, eff. December 2, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.084. Interagency Sharing of Records

Sec. 37.084.  INTERAGENCY SHARING OF RECORDS.  (a)  A school district superintendent or the superintendent's designee shall disclose information contained in a student's educational records to a juvenile service provider as required by Section 58.0051, Family Code.
(b)  The commissioner may enter into an interagency agreement to share educational information for research and analytical purposes with the:
(1)  Texas Juvenile Justice Department; and
(2)  Texas Department of Criminal Justice.
(c)  This section does not require or authorize release of student-level information except in conformity with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), as amended.
Added by Acts 1999, 76th Leg., ch. 217, Sec. 2, eff. May 24, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 653 (S.B. 1106), Sec. 1, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 34, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.085. Arrests Prohibited for Certain Class C Misdemeanors

Sec. 37.085.  ARRESTS PROHIBITED FOR CERTAIN CLASS C MISDEMEANORS.  Notwithstanding any other provision of law, a warrant may not be issued for the arrest of a person for a Class C misdemeanor under this code committed when the person was younger than 17 years of age.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.086. Required Posting of Warning Signs of Increased Trafficking Penalties

Sec. 37.086.  REQUIRED POSTING OF WARNING SIGNS OF INCREASED TRAFFICKING PENALTIES.
(a)  In this section, "school" means a public primary or secondary school.
(b)  Each public school shall post warning signs of the increased penalties for trafficking of persons under Section 20A.02(b-1)(2), Penal Code, in a conspicuous place reasonably likely to be viewed by all school employees and visitors.
(c)  The agency, in consultation with the human trafficking prevention task force created under Section 402.035, Government Code, shall adopt rules regarding the wording for the warning signs required under this section and requiring that each warning sign:
(1)  include a description of the provisions of Section 20A.02(b-1), Penal Code, including the penalties for violating that section;
(2)  be written in English and Spanish; and
(3)  be at least 8-1/2 by 11 inches in size.
(d)  The agency shall provide each school without charge the number of warning signs required to comply with this section and rules adopted under this section.  If the agency is unable to provide each school with the number of signs necessary to comply with Subsection (b), the agency may:
(1)  provide to a school fewer signs than the number necessary to comply with that section; and
(2)  prioritize distribution of signs to schools based on reports of criminal activity in the areas near that school.
Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 58, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 1049 (S.B. 1831), Sec. 2, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 66 (S.B. 2069), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.087. Immunity From Liability

Sec. 37.087.  IMMUNITY FROM LIABILITY.  (a)  In this section:
(1)  "Retired peace officer" has the meaning assigned by Section 1701.3161, Occupations Code.
(2)  "Security personnel" includes:
(A)  a school district peace officer;
(B)  a school marshal;
(C)  a school resource officer; and
(D)  a retired peace officer who:
(i)  has been hired by a school district, open-enrollment charter school, or private school to provide security services; or
(ii)  volunteers to provide security services to the school district, open-enrollment charter school, or private school.
(b)  A school district, open-enrollment charter school, or private school is immune from liability for any damages resulting from any reasonable action taken by security personnel to maintain the safety of the school campus, including action relating to possession or use of a firearm.
(c)  A school district, open-enrollment charter school, or private school is immune from liability as provided by Subsection (b) for any damages resulting from any reasonable action taken by a school district, open-enrollment charter school, or private school employee who has written permission from the board of trustees of the school district or the governing body of the open-enrollment charter school or the private school to carry a firearm on campus.
(d)  Any security personnel employed by a school district, open-enrollment charter school, or private school is immune from liability for any damages resulting from any reasonable action taken by the security personnel to maintain the safety of the school campus, including action relating to possession or use of a firearm.
(e)  The statutory immunity provided by this section is in addition to and does not preempt the common law doctrine of official and governmental immunity.  To the extent that another statute provides greater immunity to a school district, open-enrollment charter school, or private school than this section, that statute prevails.
Added by Acts 2021, 87th Leg., R.S., Ch. 671 (H.B. 1788), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter C. Law and Order › Section 37.089. Role of Persons Carrying a Firearm on School Grounds

Sec. 37.089.  ROLE OF PERSONS CARRYING A FIREARM ON SCHOOL GROUNDS. (a) Subject to Subsection (b), a person permitted to carry a firearm on the campus of a school district may not perform the routine law enforcement duties of a peace officer, including making arrests, unless the duty is performed in response to an emergency that poses a threat of death or serious bodily injury to a student, school district employee, or other individual at the district campus.
(b)  Subsection (a) does not apply to a commissioned peace officer who is assigned law enforcement duties that are included in campus and district documents describing the role of peace officers in the district as required by Section 37.081(d).
Added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.101. Applicability of Criminal Laws

Sec. 37.101.  APPLICABILITY OF CRIMINAL LAWS.  The criminal laws of the state apply in the areas under the control and jurisdiction of the board of trustees of any school district in this state.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.102. Rules; Penalty

Sec. 37.102.  RULES;  PENALTY.  (a)  The board of trustees of a school district may adopt rules for the safety and welfare of students, employees, and property and other rules it considers necessary to carry out this subchapter and the governance of the district, including rules providing for the operation and parking of vehicles on school property.  The board may adopt and charge a reasonable fee for parking and for providing traffic control.
(b)  A law or ordinance regulating traffic on a public highway or street applies to the operation of a vehicle on school property, except as modified by this subchapter.
(c)  A person who violates any rule adopted under this subchapter providing for the operation and parking of vehicles on school property commits an offense.  An offense under this section is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1167 (H.B. 278), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.103. Enforcement of Rules

Sec. 37.103.  ENFORCEMENT OF RULES.  Notwithstanding any other provision of this subchapter, the board of trustees of a school district may authorize any officer commissioned by the board to enforce rules adopted by the board.  This subchapter is not intended to restrict the authority of each district to adopt and enforce appropriate rules for the orderly conduct of the district in carrying out its purposes and objectives or the right of separate jurisdiction relating to the conduct of its students and personnel.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.104. Courts Having Jurisdiction

Sec. 37.104.  COURTS HAVING JURISDICTION.  The judge of a municipal court of a municipality in which, or any justice of the peace of a county in which, property under the control and jurisdiction of a school district is located may hear and determine criminal cases involving violations of this subchapter or rules adopted under this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.105. Unauthorized Persons: Refusal of Entry, Ejection, Identification

Sec. 37.105.  UNAUTHORIZED PERSONS: REFUSAL OF ENTRY, EJECTION, IDENTIFICATION.  (a)  A school administrator, school resource officer, or school district peace officer of a school district may refuse to allow a person to enter on or may eject a person from property under the district's control if the person refuses to leave peaceably on request and:
(1)  the person poses a substantial risk of harm to any person; or
(2)  the person behaves in a manner that is inappropriate for a school setting and:
(A)  the administrator, resource officer, or peace officer issues a verbal warning to the person that the person's behavior is inappropriate and may result in the person's refusal of entry or ejection; and
(B)  the person persists in that behavior.
(b)  Identification may be required of any person on the property.
(c)  Each school district shall maintain a record of each verbal warning issued under Subsection (a)(2)(A), including the name of the person to whom the warning was issued and the date of issuance.
(d)  At the time a person is refused entry to or ejected from a school district's property under this section, the district shall provide to the person written information explaining the appeal process established under Subsection (h).
(e)  If a parent or guardian of a child enrolled in a school district is refused entry to the district's property under this section, the district shall accommodate the parent or guardian to ensure that the parent or guardian may participate in the child's admission, review, and dismissal committee or in the child's team established under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in accordance with federal law.
(f)  The term of a person's refusal of entry to or ejection from a school district's property under this section may not exceed two years.
(g)  A school district shall post on the district's Internet website and each district campus shall post on any Internet website of the campus a notice regarding the provisions of this section, including the appeal process established under Subsection (h).
(h)  The commissioner shall adopt rules to implement this section, including rules establishing a process for a person to appeal to the board of trustees of the school district the decision under Subsection (a) to refuse the person's entry to or eject the person from the district's property.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 924 (S.B. 1553), Sec. 5, eff. June 15, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.106. Vehicle Identification Insignia

Sec. 37.106.  VEHICLE IDENTIFICATION INSIGNIA.  The board of trustees of a school district may provide for the issuance and use of suitable vehicle identification insignia.  The board may bar or suspend a person from driving or parking a vehicle on any school property as a result of the person's violation of any rule adopted by the board or of this subchapter.  Reinstatement of the privileges may be permitted and a reasonable fee assessed.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.107. Trespass on School Grounds

Sec. 37.107.  TRESPASS ON SCHOOL GROUNDS.  An unauthorized person who trespasses on the grounds of any school district of this state commits an offense.  An offense under this section is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.