Know Your Rights: School Discipline 2026 (Expulsions)
Expulsions
What is an expulsion? What does it mean for my child to be expelled?
An expulsion is the most serious disciplinary consequence. An expelled student is removed from their regular school campus for a certain period of time. They can be placed in a juvenile justice alternative education placement (JJAEP), disciplinary alternative education placement (DAEP), or provided with other alternative educational services.
What is the difference between discretionary and mandatory expulsion?
Mandatory expulsion means that the law requires the school to expel the student. However, the school must still consider the mitigating factors required by state law.
Discretionary expulsion means that the school may expel the student but has the opportunity to not do so. They can consider the child’s circumstances and mitigating factors and opt for alternative consequences.
Can my child be expelled for something that is alleged to have occurred off campus?
Yes. The law has expanded mandatory expulsion to cover off-campus conduct. This means that students can be expelled for certain serious offenses that occur anywhere at any time, not just on school property or at school events.
Can my child be expelled based on a single incident?
Yes. The law explicitly allows principals to order immediate expulsion based on one singular incident when they reasonably believe it is necessary to protect persons or property from imminent harm.
Can I appeal an expulsion?
Yes. Students and parents have the right to appeal expulsions. The appeal process should be outlined in your district's Student Code of Conduct. There are typically strict deadlines, so act quickly.
Is there a way for me to get involved in my child’s expulsion and get it reduced in some way?
Yes. New state law has allowed school districts to create a policy for parental involvement in situations where the student is placed in a DAEP or has been expelled. However, this is completely up to each school district so you have to check your district’s Student Code of Conduct. If your school district does adopt a policy, this is what you need to know:
- The principal, campus behavior coordinator, or other appropriate administrator has to notify you of your right to request a behavior agreement that specifies your and your child’s responsibilities under that agreement.
- If you and your child comply with that behavior agreement, then your child’s period of expulsion will be reduced.
- If you or your child do not comply with the conditions of that behavior agreement, the school has the power to revoke it.
Virtual Expulsion Program
Under what circumstances can my child be placed in a virtual expulsion program?
A student who has been expelled from school can attend a virtual expulsion program when:
- The county’s juvenile justice alternative education program (JJAEP) rejects the student or returns them before completing their assignment; OR
- No JJAEP exists in the county and no contract exists with another county for such services.
What if my child doesn’t have a computer or reliable Internet access?
State law requires the school district to ensure that your child has suitable computer equipment and Internet access for their virtual expulsion program. If you do not have these resources available, the school district must provide them. The equipment and Internet must be adequate for your child to fully participate in the virtual expulsion program. This typically includes:
- A laptop or desktop computer (not just a phone)
- Reliable high-speed Internet
- All necessary software or applications
- Technical support
Do I have to pay for the computer equipment or Internet access for my child’s virtual expulsion program?
No. If you lack either of these resources, the district must provide them to you at no cost.
How often is my child’s virtual expulsion program reviewed?
Your school administrators must review your child’s virtual placement at least every 45 school days and do the following:
- Assess whether virtual expulsion program is still appropriate
- Consider whether an in-person JJAEP position has become available for your child’s grade level
- Document their decision in writing if they determine that your child must still be kept in virtual placement
What if a JJAEP position opens up?
If an in-person JJAEP position becomes available for your child’s grade level, the district must plan your child’s transition to the in-person setting “as soon as practicable.”
Can I request that my child be moved from virtual to an in-person DAEP or JJAEP placement?
Yes. You can request a review at any time. The 45-day review is the minimum frequency, but you can advocate for more frequent reviews or request a change based on your child’s needs. You can document your concerns for your child, such as lack of engagement or learning, technical problems, inadequate instruction, or mental health concerns from isolation. Share these concerns in writing with administrators and request a review of the placement.
This guide is intended solely for educational purposes and does not constitute legal advice. If you need specific legal guidance, you may reach out to our team of education attorneys by emailing info@texasappleseed.org or consult with other education attorneys and advocacy organizations.