Table of Contents
For this weekly feature, the Texas Council for Developmental Disabilities (TCDD) profiles a noteworthy bill going through the legislative process. The bill may relate directly to TCDD’s Public Policy Priorities or another disability-related issue.
Bill of the Week: HB 2081
House Bill (HB) 2292, relating to prohibiting certain releases of a student to the student’s parent after school-initiated communication by a school district or open-enrollment charter school. HB 2292 was authored by Rep. Alma Allen, from Houston, House District 131.
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We’ve created a Bill of the Week one-pager (PDF, 407 KB) for HB 2292. This is a simplified explanation of the bill that you can share with your representative and personal network.
Background
Schools across the county are illegally removing students with disabilities from the classroom, according to a January 2022 report by the National Disability Rights Network. Schools conduct this practice, known as “informal removals,” in an “off the books” manner and absent from data reporting, as described in the report.
These undocumented out-of-school suspensions are described as a form of “shadow discipline” by Texas Appleseed (PDF, 9 pages, 1 MB). A survey conducted by the group found that 48% of families who experienced informal removals reported that they happened four or more times, demonstrating how often the practice occurs.
Under the Individuals with Disabilities Education Act (IDEA), students with disabilities are required to receive a free appropriate public education along with behavioral services if applicable. This ensures students with disabilities receive the same education as other students and are taught with their peers to the maximum extent. Advocates argue this cannot happen when a student is frequently sent home early.
What does the bill do?
HB 2292 would amend the education code to ban school districts or open-enrollment charter schools from sending a student home before the end of a school day, following a school-initiated contact with the student’s parent. Specifically, the bill would prohibit such release of a student if:
- it is a discipline management technique, or
- it is a reaction to the student’s behavior that impedes the student’s ability to learn but does not violate the student code of conduct or require disciplinary action.
The bill would still allow for a student’s release before the end of the school day if the student is suspended or expelled.
If passed, HB 2292 would take effect on Sept. 1, 2025, or immediately if it received an affirmative vote of two-thirds in both the House and the Senate. The bill would apply beginning in the 2025-2026 school year.
“HB 2292 will reduce negative family impact and leave schools to look at the underlying need for students, and to provide more effective services or support that keeps kids in school and learning.”
Rep. Alma Allen, HB 2292 author
Where is the bill in the process?
On Jan. 30, 2025, HB 2292 was filed for the 89th regular session. The bill is waiting to be referred to committee.
Who supports the bill and why?
The following comments were given as testimony at a House Youth Health and Safety Select Committee on April 3, 2023, on a bill nearly identical to HB 2292:
- Coalition of Texans with Disabilities: Jolene Sanders, advocacy director for the Coalition of Texans with Disabilities, testified in favor of the bill. She highlighted the concerning pattern in schools where students, typically students with disabilities or students of color, are sent home early for actions that do not violate the code of conduct. She explained how this practice can adversely impact the student’s academic and social development, as well as reinforce negative behavioral patterns. Sanders suggested that, since the Legislature took steps a few years ago to ban the use of suspensions against students in pre-kindergarten through second grade, some schools are using this undocumented practice as a replacement. To close, she stated, “Because it’s not documented, these parents are getting truancy notices, and they are unable to defend themselves because they were not the ones who initiated leaving their kids out of school.”
- Autism Society of Texas: Jacquie Benestante, executive director at the Autism Society of Texas, testified in support of the bill. Benestante shared the story of an individual, a single mother of a child with autism who was called to pick up her child from elementary school so frequently that she had “lost her job, … could not make rent, and was being threatened with eviction.” Benestante highlighted how the early pickups particularly impact students with autism, stating, “This happens so much to families of kids with autism. It’s shocking how much it happens.”
The following groups also registered their support for the bill but provided no testimony: The Arc of Texas, Disability Rights Texas, Intercultural Development Research Association, Texas AFL-CIO, and Texas Center for Justice and Equity.
Who opposes the bill and why?
Texas Education 911 registered opposition to the bill at the 2023 hearing but provided no testimony or indication as to the nature of their concern.
Additional Testimony
The following comments were provided on the bill at the April 3 hearing:
- Texas Homeschool Coalition: Anita Scott, representing the Texas Homeschool Coalition, testified on the bill. She thanked Rep. Allen’s office for working with her organization to clarify the language and stated that the bill “ensures that schools are not overreacting and unduly penalizing a student by sending the student home for reasons that do not reach a level of behavior that would necessitate such discipline measures while also protecting parental rights.”
- TCDD: Sabrina Gonzalez Saucedo, then a public policy analyst for TCDD, provided written testimony on the bill. She wrote that, “if [a] student’s behavior requires ten consecutive or cumulative days of exclusionary discipline, IDEA requires schools to conduct a Manifestation Determination Review (MDR) to determine whether the behavior is a manifestation of the student’s disability.” Gonzalez Saucedo continued, “Schools must also determine whether the student requires additional assessments and behavior supports prior to being disciplined and may put a Behavior Intervention Plan (BIP) into place to help educators find positive ways to address problem behavior. If a BIP is created, educators are supposed to look at the plan before using another type of discipline. But since informal parent pickups are not recorded as formal out-of-school suspensions, schools are not conducting MDRs. Nor are they asking the important questions to figure out the underlying needs of students and their families, leaving students at risk for more punishments, missed classroom and socialization time, and poor academic outcomes.”
Additional Information
The Governor’s Committee on People with Disabilities included the following in its 2026-2027 Policy Recommendations Report (PDF, 38 pages, 336 KB) to the 89th Texas Legislature:
Education Recommendation 7: End the Use of Informal and Undocumented Suspensions
The GCPD recommends amending Texas Education Code Sec. 25.0875 to clarify the prohibited use of informal, undocumented suspensions and certain releases of students with disabilities to parents after school-initiated communication. The GCPD recommends that the Texas Education Agency develop and provide training to local education agencies on how to address behavior challenges with students with disabilities to minimize the use of early dismissals.
How much will the bill cost?
In 2023, the Legislative Budget Board found that a bill nearly identical to HB 2292 would not increase the state budget.
Is there a Senate companion to the bill?
There is no Senate companion to HB 2292.
Stay Informed
For the latest information about where HB 2292 is in the process, follow the bill on the Texas Legislature Online. To receive future legislative updates from TCDD, follow us on Facebook, X, Instagram, and LinkedIn.
