3 Considerations for Rethinking School Punishments in Light of Texas HB6 and Student Rights

by virginiaJun 21, 2025Parent Rights0 comments

Imagine this: A bright 7th-grade student named Jordan, known for his curiosity and creativity, is removed from class after a series of behavioral outbursts. His teacher, now empowered by new legislation, removes him immediately, citing disruption. But what if Jordan’s behavior is actually a symptom of undiagnosed ADHD? What if, instead of school punishments, he needed support?

Disciplining students for behavior is becoming increasingly common in Texas public schools. In response, the Legislature crafted a bill to empower teachers. With the introduction of a bill like HB6, the landscape of school discipline is shifting dramatically, but not to rethinking school punishments. Instead, lawmakers want to accelerate suspensions. Along with this shift comes a critical question: are we responding to misbehavior—or overlooking unmet needs?

What Did Texas HB6 Mean for Your Child?

New Authority for Teachers Under HB6

HB6, recently proposed legislation from the Texas Legislature, would have granted teachers the authority to remove students from class for a single incident of disruption. This includes behavior that interferes with classroom instruction or is deemed unruly, abusive, or even just disrespectful. Teachers would have exercised this authority without requiring repeated incidents, shifting power directly to the classroom level.

While the bill may have aimed to restore order and empower educators, it raised concerns about how such authority might be applied—especially to students with undiagnosed or misunderstood disabilities like ADHD, autism, or emotional disturbance.

The bill didn’t pass, but it is likely to be revived for another future legislative session because the issue of school punishments will continue to be a priority.

Risks of Over-Discipline Without Understanding

The bill also allowed for in-school and virtual disciplinary placements. But virtual placements have shown to be doubly harmful. Research from the COVID-19 pandemic clearly demonstrated that remote learning led to significant academic regression, especially for students with disabilities. When discipline is combined with isolation through virtual means, students face both exclusion and educational loss.

Ask Yourself: Have you ever felt that your child was unfairly disciplined for behavior beyond their control?

1. When Behavior Is a Cry for Help, Not Just Misconduct

Could Your Child’s Behavior Be a Sign of Disability?

It’s vital to understand that behavior is often communication. When students act out, they may be expressing frustration, anxiety, sensory overload, or a need for help. For students with ADHD, or Autism, outbursts, restlessness, or inattentiveness are often neurological—not willful disobedience.

Students with Autism and ADHD are often misunderstood and frequently subjected to school punishments. The educators blame the child for lack of emotional regulation when the compensatory and replacement behavior strategies being taught should be reviewed.

Ignoring the root cause of such behavior can result in reflexive punishment rather than timely intervention. Recognizing these behaviors as potential symptoms of a disability is the first step toward ensuring a student’s rights are upheld.

Your Rights to Request an Evaluation

If you suspect that your child’s behavior may be related to a disability, you have the right to request an evaluation under the Individuals with Disabilities Education Act (IDEA). Once requested in writing, schools are obligated to evaluate within a specific timeframe.

Don’t wait for the school to initiate the process- even though that’s their duty.

Ask Yourself: What behaviors have you noticed in your child that might actually be signals, not defiance?

IDEA vs. Section 504: What’s the Real Difference?

A Parent’s Guide to IDEA Protections

The IDEA provides comprehensive services to students who qualify. This includes an Individualized Education Program (IEP), which outlines the educational goals, accommodations, and services a student will receive. Students under IDEA also receive significant protections from school punishments. If behavior is a manifestation of a disability, disciplinary actions may be limited or require further review.

Under IDEA:

Texas students generally must be evaluated within 45 days of written parental consent.
IEP meetings involve a team, including the parent.
Disciplinary actions cannot change a student’s placement without an IEP Meeting to determine if the behavior was directly related to the disability (Manifestation Determination Review-MDR).

It’s important to know that Students who are being evaluated assume those IDEA protections as soon as the consent forms are signed. The purpose of an MDR is generally to rethink school punishments because the IEP team knows the student has a disability. If your Advocate has a track record of establishing a causal link between diagnosis and behavior, there’s a higher probability that if punishment will not occur.

Section 504: Broader but Less Comprehensive

Section 504 of the Rehabilitation Act is a civil rights law that ensures students with disabilities receive accommodations. A 504 Plan might provide extra time on tests or behavior intervention supports, but it doesn’t guarantee specialized instruction or the same level of disciplinary protections.

Students with ADHD often fall into this category because school districts fail to evaluate for Other Health Impairment eligibility under IDEA. Unfortunately, that can mean they receive fewer supports and more discipline.

Ask Yourself: Does your child have an IEP—and is it being followed? If your child doesn’t have an IEP, he/she will not be entitled to an MDR.

A Real Story: From School Punishment and Discipline to Support

Meet Marcus: A Case of Misunderstood ADHD & a hypothetical placement

Marcus, a middle schooler in Texas, was repeatedly removed from class for talking back and leaving his seat without permission. His parents suspected ADHD but had never received evaluation or support from the school. Marcus was placed in a virtual disciplinary program after one too many incidents.

Finally, his parents requested an IDEA evaluation. The school agreed, and it was determined that Marcus did, in fact, have ADHD and qualified for services. His placement was reversed. Instead of suspension, he received counseling, behavior supports, and accommodations.

Lessons from Marcus’s Journey

Early intervention matters.
Parents must advocate for evaluations in writing.
Documentation of behavioral incidents is key.

In Marcus’ case, the school punishments resulted in removals that added more considerations to his IEP as his inattention worsened in the virtual learning environment.

Ask Yourself: Have you ever had to fight for your child’s rights in school? What was the outcome?

2. Why Training and Resources for Teachers Matter

Are Teachers Set Up to Succeed with Challenging Behavior?

One of the core issues underlying disciplinary inequities is the lack of training and support for teachers. Many districts do not hire behavior experts or provide teachers with meaningful behavior management training. Yet, teachers are expected to manage increasingly complex classrooms with minimal tools. School punishments tend to be one-size-fits-all: time-out, trip to the Principal’s office and other non-learning actions.

What Districts Can—and Should—Do

Hire behavior specialists such as Board-certified Behavior Analysts
Train all staff in trauma-informed care
Offer professional development on ADHD and IDEA
Implement restorative practices and positive behavioral interventions

HB6 does include a provision for telehealth mental health access, but this cannot replace a trained, in-person support system.

Additionally, in response to COVID19, TEA created a resource for Social Emotional Learning programs. Tier 1 and 2 interventions could be explored when the behavior appears to be systemic.

Ask Yourself: Do you know what training your child’s teachers have in managing behavior?

3. The Harm of Virtual Disciplinary Placements

Why Remote Learning Doesn’t Work for Discipline

Remote learning environments are not effective for behavior correction. During the pandemic, many students struggled with engagement, access, and mental health. School punishments including virtual suspension is not a solution; it isolates students without addressing the root cause. It could be argued that isolation is more than a school punishment and has a detrimental effect on a student’s mental health.

Better Alternatives to Virtual Suspensions

Develop behavior intervention plans (BIPs)
Use restorative justice to address conflicts
Assign students mentors or behavior coaches
Include families in intervention planning

Peer socialization, group learning activities and interactions are educational skills that will take a hit and put a student below grade-level expectations.

Ask Yourself: What would you prefer schools do instead of suspending students?

What Parents Can Do: Actionable Tips

Review your school district’s board policy on discipline.
Read the Student Code of Conduct or Handbook- what school punishments are listed
Document every incident and school meeting.
Request evaluations in writing.
Learn the difference between IDEA and 504.
Know your rights—discipline cannot be arbitrary.
Bring an advocate to school meetings.

You are not alone. Thousands of parents navigate these issues each year. The more informed you are, the better equipped you will be to advocate for your child.

In Closing

School punishments and discipline must evolve to meet the needs of students—not punish them for invisible challenges. There is always an opportunity to ensure every child receives not just discipline, but understanding, support, and a fair shot at success. Proposed bills that aim to empower teachers in removing disruptive students, need to consider students that may be in need of an evaluation and not just those who already are identified under IDEA.

Have you ever suspected your child received school punishments for behaviors that might be connected to a disability?