Yes, the school is required to consider certain factors when making a decision about suspension, expulsion, or removal to an alternative school. According to the Texas Education Code, the school must consider
1. A student’s intent or lack of intent at the time of the conduct
The school must consider whether a student intended the conduct for which the student is facing consequences. For example, in one Texas case, a middle school student smashed a pie in a teacher’s face as part of an official school-sponsored pie-smashing contest. The school then suspended the student and said that the student had assaulted the teacher by smashing the pie “too hard.” The school did not consider the student’s intent. He did not intend to smash the pie too hard—it was an accident.
2. Self-defense
Did the student act in self-defense? For example, a student who fights back in self-defense when attacked by a bully should not face the same punishment as a student who starts a fight.
3. A student’s disciplinary history
Is this the first time the student has ever been in trouble at school? The school must consider the student’s disciplinary history.
4. Any disability that keeps the student from understanding the wrongfulness of their conduct
Does the student have a disability that keeps the student from understanding the wrongfulness of their conduct? If the student has a diagnosed disability for which the student receives special education or 504 services, then read about your right to request an Admission, Review, and Dismissal (ARD) meeting in our Students with Disabilities guide to determine whether your child's disability is related to the behavior or conduct that is causing concerns. If you suspect that your child may benefit from disability-related services but is not currently in special education or 504, then read about requesting an evaluation here.
5. Whether a student is involved with child protective services
Is this student in foster care? If a student is involved in child protective services, the school must consider the student’s involvement as a factor when making decisions about school discipline. This is important because youth in foster care are particularly vulnerable and overrepresented in both school disciplinary actions and in the juvenile justice system.
6. Whether a student is experiencing homelessness
Schools must consider whether a student is experiencing homelessness when making decisions about school discipline. Homelessness does not just mean living on the streets. If a student is living in a car, a park, a motel, or staying with friends or relatives, they may qualify as homeless. For example, after Hurricane Harvey, many students in the Houston area lived in motels because they lost their homes due to flooding. Those students would qualify as homeless. In another example, if a student and a student’s family are evicted because they cannot afford their rent, and they are staying with friends or extended family until they can save enough money to move into a new place, that student would qualify as homeless.