By Katy Boortz
A student can get in trouble while at school and face consequences with their school and in juvenile court. Since these often happen in tandem, it is helpful to understand the nuances of each process.
Governing Laws
Public school matters are guided by the laws found in Chapter 37 of the Texas Education Code. Each school is required to create and enforce student discipline policies that follow these laws, which are included in the school’s Student Code of Conduct. Students are generally asked to review and sign this document with their parents at the beginning of each school year.
In Juvenile Court, the laws and procedures used are found primarily in Title 3 of the Texas Family Code. While both systems may address the same incident, they operate independently and often have different goals, procedures, and outcomes.
Time Frame For Each Process
In school discipline matters, things move quickly once an infraction takes place. If a child is removed from their classroom due to a violation of the Student Code of Conduct, the school must schedule a meeting within three days to discuss the behavior and make a discipline recommendation. This meeting helps determine whether the student may return to the classroom or whether placement in a Disciplinary Alternative Education Program (DAEP) is appropriate.
A DAEP may be a program located within the student’s school or at a separate educational facility.
Sometimes, while the school discipline process is underway, administrators will contact law enforcement. Police may investigate the matter and refer it to the juvenile justice system. During the juvenile intake process, the juvenile probation department gathers information about the child, family, and circumstances surrounding the allegation. Depending on the situation, a matter may be handled informally or proceed before a juvenile court judge.
From start to finish, a juvenile case can last anywhere from several months to more than a year depending on the severity and complexity of the allegations.
When One Incident Leads To Two Separate Cases
One of the most confusing aspects of juvenile law is that a single incident can create problems in two different systems at the same time: the school disciplinary process and the juvenile justice system.
For example, imagine a disagreement between two students escalates into a fight in the hallway. The school may determine that the student violated the Student Code of Conduct and impose disciplinary consequences such as suspension, placement in a DAEP, or other sanctions. At the same time, school administrators may refer the matter to law enforcement. If police become involved, the student could also face allegations of assault and be required to navigate the juvenile court process.
The same situation can occur when a student is accused of possessing alcohol, marijuana, prescription medication, or another controlled substance. A school may treat the incident as a violation of its disciplinary policies and impose school-based consequences. However, the matter may also be referred to law enforcement, resulting in a separate juvenile court case. Even when a student insists the substance was not theirs or was never used, the allegation alone can trigger serious consequences in both systems.
These situations often become complicated because statements made to school administrators, teachers, school resource officers, or police officers can have consequences beyond the classroom. Families are frequently forced to make important decisions while dealing with meetings with school officials, probation officers, and law enforcement agencies.
Understanding how each process works—and how actions taken in one process may affect the other—is critical to protecting your child’s future.
Potential Outcomes
At the school level, outcomes can range from allowing a student to return to class with a behavioral contract in place to detention, in-school suspension, out-of-school suspension, DAEP placement, or, in some situations, expulsion.
In juvenile court, outcomes may include informal supervision, probation, counseling requirements, community service, restitution, formal probation, or, in more serious cases, placement in a juvenile detention facility.
Because each situation is unique, the consequences can vary significantly based on the child’s age, prior history, the nature of the allegations, and the circumstances involved.
Why Experienced Guidance Matters
Parents are often surprised by how quickly these situations can become overwhelming. School administrators, school resource officers, police investigators, juvenile probation officers, and court personnel may all become involved within a matter of days.
When your child is facing both school discipline and potential juvenile court consequences, it is important to understand the full picture before making decisions. An experienced juvenile defense attorney can help families understand their options, evaluate the potential consequences, communicate effectively with the various parties involved, and work toward the best possible outcome.
Having an advocate who understands both the juvenile justice system and the practical realities facing families can provide valuable guidance during an incredibly stressful time.
Parental Involvement Is Critical
While there are many differences in how these consequences play out, there is one key factor that remains the same: parental involvement.
Both schools and juvenile court administrators value a parent’s input and want them involved throughout the process. Asking questions, becoming informed, and maintaining open communication with your child are important first steps.
While navigating these situations can be difficult, I have seen firsthand how parental involvement can make a meaningful difference in the final outcome and the challenges faced along the way.