What HB 6 Means for Texas Teachers and Student Discipline

Educators searching for additional tools and options for handling significant classroom disruptions, assaults, and other school violence are hopeful that help will come via House Bill (HB) 6 by Rep. Jeff Leach (R–Plano). The new law was passed by the Texas Legislature this session and became effective immediately after Gov. Greg Abbott signed it. The bill seeks to bolster student discipline rights in response to a reported prevalence of persistently disruptive student behavior, as well as violence by and threats of violence from public school students. To accomplish this, HB 6 strengthens several regulations that empower teachers, principals, and districts to successfully combat violent threats. 

Most of the changes focus on the student discipline laws in Chapter 37 of the Texas Education Code. Campus behavior coordinators have enumerated responsibilities, including an obligation to monitor disciplinary referrals and report certain conduct to the campus threat assessment and Safe and Supportive Services Program (SSSP) teams. The bill also specifically provides that additional staff may assist the campus behavior coordinator but ultimately requires the coordinator to personally verify implementation of Chapter 37 regulations.  

Under previous law, a student who assaulted a teacher could be removed from class and placed in a Disciplinary Alternative Education Program (DAEP) or another teacher’s class. Now, HB 6 makes expulsion mandatory if the assault of an employee or volunteer causes physical injury. Discretionary removal to DAEP covers additional serious offenses, including any assault on a district employee or volunteer. 

Teachers will still have the right to remove students for disruptive behavior or abusive behavior. HB 6 adds bullying conduct to the list of behaviors justifying a removal and makes it clear removal can be requested based on a single incident. The bill also elaborates significantly on the statutory removal process—only allowing the student’s return to class after the teacher’s written consent is obtained or when a committee has determined the teacher’s class is the best placement alternative and a conference is held on the removal. The conference, formerly required to happen with the student, parent, teacher, and administrator within three days of removal, has significant new requirements. The student has a right to appeal the removal, and the principal is required to notify the student and parent of that right at the conference. The student may only be returned with the teacher’s written consent or after a “return-to-class plan” is developed and discussed at the conference. Only a school employee whose main responsibilities do not involve classroom teaching may be assigned by the principal to develop the return-to-class plan.

The new law also broadens the school’s options to suspend students. In-school suspensions for violations of the student code of conduct will not be limited in time. A placement review committee must review a student’s progress in ISS every 15 days. In addition, under HB 6, administrators may now place students below third grade in out-of-school suspension for disruptive or unsafe behavior.  

There is still a limitation on applicability to special education students; the law makes it clear a change in placement for a student with disabilities first requires a manifestation review by an Admission, Review, and Dismissal (ARD) committee. But in cases where a disabled student’s educational placement is likely to result in ongoing physical harm to the student or others, the district has the option to seek legal relief after demonstrating efforts to minimize the risk of harm.  

Overall, once enacted, these changes should create less discretion around disciplining students for harming staff (and others) and greater consequences for students who engage, or threaten to engage, in violent conduct—on or off school property. Some features of the bill include: 

• Empowering charter schools with the discretion to deny enrollment to students with a history of removal to DAEP.
• Removing Chapter 37 from the list of potential District of Innovation (DOI) exemptions, ensuring it is applicable and in force regardless of a district’s innovation plan.
• Allowing schools to provide virtual learning in disciplinary settings.
• Providing immunity from disciplinary proceedings for public school employees who remove students under the statute or report violations of the student discipline law.

ATPE supported HB 6 during the legislative session because it provides better disciplinary resources for teachers and encourages a safer learning environment. As with any new law, it will take time to understand the practical impacts of HB 6, but we are hopeful this new legislation will better equip teachers to handle difficult disciplinary situations and focus on the important job of teaching.