Education Code § 37.146

A school-offense complaint must be sworn by someone with personal knowledge and must include a school employee statement about special education status and prior graduated sanctions.

Jurisdiction: United States — Texas
Instrument: Code
Version: Undated source snapshot
Language: en
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complaints school discipline special education summons

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Provisions of Education Code § 37.146

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37.146
Education Code § 37.146
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A school-offense complaint must be sworn by someone with personal knowledge and must include a school employee statement about special education status and prior graduated sanctions.

Sec. 37.146. REQUISITES OF COMPLAINT. (a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45A.101, Code of Criminal Procedure: (1) be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and (2) be accompanied by a statement from a school employee stating: (A) whether the child is eligible for or receives special education services under Subchapter A, Chapter 29; and (B) the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed. (b) After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45A.457(e), Code of Criminal Procedure. (c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45A.401, Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child. Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 6, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.040, eff. January 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.51, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 51, eff. June 20, 2025.

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Education Code § 37.146

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Provisions of Education Code § 37.146

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