Know Your Rights: School Discipline 2026 (Suspensions)
Suspensions
Overall
What is a school suspension?
A school suspension is a disciplinary consequence where a student is temporarily removed from their regular classroom or school as punishment for violating the Student Code of Conduct. There are two types of suspensions:
- In-school suspension (ISS) removes your child from their regular classroom and places them in a separate, supervised classroom. They should still receive instruction and complete schoolwork.
- Out-of-school suspension (OSS) bars your child from attending school. They must stay home for the duration of the suspension.
How long can my child be suspended?
If your child is in ISS, there is no limit to how long their suspension can last, but school administrators must review your child’s placement every 10 days. OSS is limited to 3 school days.
What impact does suspension have on my child’s grades and attendance?
Under the new law, students in ISS are considered to be in attendance and should receive comparable educational services to help them maintain their grades (see ISS section of FAQ).
However, OSS may have different rules depending on the school district. If your child is in OSS, consult your student handbook and/or district board policies to learn whether your district considers OSS an excused or unexcused absence and whether time in OSS counts against your child’s academic record. If your child gets too many unexcused absences, they may be considered truant. If the information is unclear or not easily accessible, you should reach out to your school administrator to ask for more clarity.
Will I be notified if my child is suspended?
Yes. The Student Code of Conduct must address the notification of a student's parent or guardian of a violation that results in suspension, removal to a disciplinary alternative education program, or expulsion.
Can my child appeal a suspension?
Yes, but the appeals process can vary depending on your school district. Thus, make sure to do the following:
- Review your district's Student Code of Conduct for specific appeal procedures
- Ask the principal or campus behavior coordinator about your appeal rights
- Request information about deadlines for filing an appeal
- Consider whether the suspension involves special considerations (such as special education protections)
My child has a disability. Are there special protections from being suspended?
Yes. If your child receives special education services, federal and state special education laws apply to suspensions, including:
- Your child cannot be disciplined in a manner that results in a change of educational placement for bullying or harassment until an Admission, Review, and Dismissal (ARD) committee meeting has been held
- If your child is being suspended for more than 10 days in a school year, the school must hold a manifestation determination review to determine whether the behavior was related to the child’s disability or the school’s failure to implement the IEP. If the answer is yes, your child may not be suspended. If the answer is no, your child may be suspended.
- If your child is suspended after a manifestation determination review and you believe that the decision was incorrect, you can appeal that disciplinary decision — just be sure to consult your school district board policies and the Student Code of Conduct on disciplinary appeals as well as your procedural safeguards notice
- The school must continue to provide special education services during suspension
If you believe your child's special education services and/or protections are being denied, please reach out to Disability Rights Texas and complete their intake form.
In-School Suspension (ISS)
What can prompt an ISS placement?
A child can be placed in ISS for many reasons related to their behavior. School administrators usually decide whether a child is placed in ISS.
Does my child still receive their education in ISS?
Yes. The school must provide your child with:
- Appropriate behavioral support services, including counseling, behavior intervention strategies, social-emotional learning, and other supports to address the underlying behavioral issues
- Comparable educational services to what your child would have received in the regular classroom, not just worksheets or busy work.
- Special education services that your child normally receives.
- Regular review every 10 days to determine whether ISS should continue
You can ask your school to provide documentation that these services are being provided. If your school fails to show that they are providing such services to your child, you can consult your school board’s policies to file a grievance against the school.
Wait—there’s no limit on how long ISS can last?
Correct. While OSS is capped at three days, there is now no upper limit on ISS. This means that a student could potentially be in ISS for weeks or months at a time, raising concerns about the impact of extended time away from regular classroom instruction and social interaction during school hours.
If there’s no time limit on ISS, what prevents my child from being placed there indefinitely?
A school principal or another school administrator is now required to review ISS placements at least once every 10 days. During these reviews, they must evaluate your child’s educational progress and determine whether continued ISS placement is appropriate.
What should happen during the ISS review?
At least once every 10 days, the school administrator must assess the following:
- Your child’s educational progress
- Whether your child is meeting behavioral expectations
- Whether continued ISS placement is appropriate
- Whether your child is ready to return to the regular classroom
To ensure that these reviews are occurring, you can ask to either participate in these reviews or at least receive written documentation of the review outcomes.
What can I do if I think my child’s ISS placement is too long?
You can request the school’s documentation about your child’s placement and meet with the principal or another school administrator to discuss your child’s progress. Ask them to provide specific goals or behaviors that your student should meet to end their suspension. If the school administrator fails to do so in a timely manner or does not provide substantive information, you can appeal the disciplinary decision. Read your school district’s board policies and the Student Code of Conduct to learn and follow the procedure for such appeals.
How can I make sure that my child is actually receiving “comparable educational services” to what they receive in their normal classroom?
You can contact a school administrator to ask:
- Is my child receiving direct instruction or just independent work? Is the work that they are doing aligned with the material that their regular classes are covering?
- How will my child keep up with class discussions, group projects, and hands-on learning?
Out-of-School Suspension (OSS)
What is OSS?
Unlike ISS, your child is required to remain at home during the days they are in OSS and are not allowed on school grounds. They cannot participate in school-related activities during the suspension period. OSS placements are capped at three days.
What if I can’t supervise my child during their OSS period?
For students below third grade, you may submit a written request to the school to reassign your child from OSS to ISS if you are unable to provide supervision during school hours.
Is the school required to grant my request to convert OSS to ISS?
No. The reassignment is at the “sole discretion” of the campus administrator or other designated school personnel. They will consider your circumstances but aren’t required to approve your request.
What should I include in my written request?
Try to be specific and honest about your situation. Explain the circumstances that prevent you from supervising your child during regular school hours, such as inflexible work schedules, lack of available childcare, presence of other children or family members in the home who require your attention, and medical or other extenuating circumstances. Be sure to provide any documentation or records that can support your circumstances.
If my child gets reassigned from OSS to ISS, are there any time limits on how long they can remain in ISS?
Your child’s reassignment to ISS is not “subject to any time limits,” meaning that it could actually last longer than the original three-day maximum OSS that your child had initially received.
Can I request this reassignment for every OSS?
HB 6 states that reassignment from OSS to ISS should be used for "extenuating circumstances” and not as a “routine substitution.” This suggests that it should not be used every time your child is placed in OSS. However, if you genuinely cannot provide supervision each time, you can still make the reassignment request.
I heard that there are changes to OSS protections for students younger than third grade and homeless students. What do I need to know?
All students can be subject to OSS, but students below the third grade and students experiencing homelessness have more protections when it comes to OSS. Typically, these students cannot be placed in OSS unless they fit one of the following exceptions:
- Bring a weapon to school
- Engage in drug offenses
- NEW UNDER HB 6: engage in conduct that “threatens the immediate health and safety” of other students
- NEW UNDER HB 6: engage in conduct that results in "documented repeated or significant disruption” to the classroom
What does it mean to “threaten the immediate health and safety” of a student?
The law does not define this phrase, so it is subject to each school administrator’s interpretation. It could include physical aggression, throwing objects at other students and teachers, or other behaviors that create an immediate sense of danger. However, this vague language can result in unequal treatment and subjective enforcement.
What is considered “repeated or significant disruption”?
The law does not define this phrase. Schools have to document this behavior to reduce the risk of unfair enforcement. However, there is still concern that young children (ages 4-8) may be labeled disruptive even if they are acting in a way that is actually appropriate for their age.
What can I do if my child–who is in Pre-K, Kindergarten, 1st or 2nd grade–is placed in OSS for “repeated or significant disruption”?
- Request copies of all the documentation of your child’s disruptive behavior from the teacher or other school administrators
- Set up a meeting with the school administrator and ask whether the behavior is truly a “significant disruption” or normal childhood behavior
- Request an evaluation to consider whether your child may have an unidentified disability or need for special education services
- Consult with an education advocate or attorney for more specific legal guidance
Are homeless students protected from OSS?
Yes. The same protections that apply to students below third grade also apply to homeless students of all grade levels, including the new exceptions (see above).
How does the school determine if my child is homeless?
Under federal law (McKinney-Vento Act), homeless students include children who lack a fixed, regular, and adequate nighttime residence. This can include children living in shelters, motels, cars, campgrounds, sleeping on someone else’s couch, or doubled-up with other families due to loss of housing or economic hardship. Contact your district’s homeless liaison if you believe your child qualifies.
My child is homeless. Can they be given OSS?
Generally, no. A school district cannot place your child who is homeless in out-of-school suspensions, unless their conduct falls in the exceptions listed above. The campus behavior coordinator may coordinate with the school district’s McKinney Vento liaison to identify appropriate alternatives to out-of-school suspension. If there are no alternatives and your child must be placed in OSS, please refer to our Texas Youth Resource Map to locate daytime drop-in centers in your community.
What if I disagree with the school’s decision about my child’s suspension?
First, request a meeting with the principal immediately and ask for all documentation related to the incident, including camera footage, if any. Second, request to see the school’s code of conduct and ask how it was applied in the situation involving your child. Third, inquire about deadlines for an appeal with the district and contact the school board if the district does not respond appropriately. Lastly, for serious disciplinary actions, consider consulting an attorney.
If your child is identified or qualifies as a McKinney-Vento student, contact the school district’s McKinney-Vento Liaison to ensure they are aware of the situation and that the district’s determination meets one of the OSS exceptions.
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.