School Discipline in the Crosshairs: Texas School Discipline HB 6 Raises Equity and Oversight Concerns

Texas school discipline law is changing and parents need to prepare. In classrooms across Texas, teachers and school staff are grappling with a rise in behavioral challenges—disruptions that many trace back to the aftermath of the pandemic. Unfinished learning, social isolation, and mounting mental health struggles have collided to create a combustible environment in schools. House Bill 6, passed during the 2025 legislative session, is Austin’s answer. But while HB 6 claims to restore order and empower educators, it does so by tightening disciplinary policies with little to no mention of support systems that address the root causes of student behavior.

The Mechanics of HB 6: Empowering or Excluding?

HB 6 expands the authority of teachers and administrators to discipline students, particularly through in-school and out-of-school suspensions. For the first time since reforms limited such practices, pre-K through second-grade students and homeless youth can now be suspended for “repeated and significant classroom disruptions,” even when these actions are tied to developmental, emotional, or situational factors.

Out-of-school suspension (OSS) is now capped at three days per incident, but in-school suspension (ISS) has no time limit—only requiring a review every ten days. Meanwhile, schools are now permitted to assign students to remote disciplinary alternative education programs (DAEPs), effectively excluding them from the classroom while reducing institutional accountability.

One of the most controversial provisions allows threat-assessment teams to recommend the removal of a student from campus for up to 60 instructional days without parental consent or the input of an ARD committee in cases involving students with disabilities. This opens the door to punitive decisions that sidestep long-standing safeguards designed to protect vulnerable learners.

In the 2023–24 school year, Texas schools issued approximately 403,900 out-of-school suspensions—an 11% increase from the 362,200 suspensions in 2021–22, according to the Texas Education Agency. Black students have historically been disproportionately impacted, being almost five times more likely to receive OSS than their white peers in earlier years (Texas Appleseed, 2017).

On paper, these measures may seem like overdue tools to manage growing classroom disruptions. In practice, they represent a stark shift toward exclusionary discipline without meaningful investment in student supports.

What Discipline Looks Like Now

To be clear, Texas schools are in crisis. Teachers report being physically assaulted, overwhelmed by emotionally dysregulated students, and unsupported by current discipline frameworks that feel toothless in the face of real danger. Campus leaders often struggle to balance student rights with school safety, while the absence of consistent behavioral support personnel leaves educators to play both therapist and disciplinarian.

The existing system has gaps. According to the Hopeful Futures Campaign (2024), Texas averages one school counselor for every 423 students, one social worker for every 13,604 students, and one psychologist for every 4,962 students—far below national recommendations. Most districts also underutilize available School Safety Allotment funds, with only 12% spending them on mental health and just 8% on behavioral health services (IDRA, 2023).

The state ranks last in children’s mental health resource access, with 65% of Texas youth with major depressive episodes receiving no treatment at all (Mental Health America, 2024).

These real, pressing issues demand attention. But HB 6 leans heavily on discipline as deterrence—not on healing, not on prevention, and certainly not on equity.

The Missing Piece: Support for High-Needs Students

What HB 6 conspicuously lacks is any commitment to funding or expanding resources that would actually address the behavioral roots of disruption. There is no companion legislation to scale up mental health services, hire licensed social workers, or implement trauma-informed practices across districts. The bill introduces stricter rules, but offers no new tools.

This imbalance is especially concerning given the demographics of the students most likely to be affected. Children who experience trauma, who live in poverty, or who navigate disabilities often exhibit behaviors that are misunderstood or pathologized. Without support, these students are more likely to be punished than helped.

Data consistently shows that exclusionary discipline can have long-term consequences. According to Texas Appleseed (2019), students who receive discretionary suspensions are three times more likely to enter the juvenile justice system within a year. The American Psychological Association has also found that zero-tolerance policies do not improve student behavior but do contribute to academic failure and dropout rates.

What message does it send when we invest in exclusion but not intervention? HB 6 risks turning schools into places of punishment rather than support—especially for students who need stability the most.

Looking Ahead

There is no question that schools need better discipline systems. Teachers deserve safe, supportive classrooms. But discipline that excludes without educating, and that punishes without healing, will only deepen the crisis.

HB 6 may provide short-term relief for overwhelmed educators, but without concurrent investment in student support systems, it will widen opportunity gaps and accelerate the school-to-prison pipeline. Policymakers must do better than responding to trauma with timeouts.

Parents should pay close attention to how this law will be implemented in their child’s school. Ask questions about how behavioral incidents will be handled, whether support services are available, and how schools are investing in prevention—not just punishment.

Texas has made a choice to crack down. The next step must be choosing to build up.