House Bill 6 which was passed by the Texas Legislature during this year’s regular session and effective June 20, 2025, includes provisions for a virtual expulsion option. This is found in Texas Education Code § 37.0083 and provides that, in certain cases when a student is expelled under Texas Education Code Sections 37.007 or 37.0081, the school principal or another authorized administrator may place that student in a virtual expulsion program. This option is available only when the school district either operates within a county that has a juvenile justice alternative education program (JJAEP) or contracts with another county for such a program—and the student is rejected from or returned early by that program. Alternatively, if the district is located in a county without access to a JJAEP and does not contract with another county for one, the virtual expulsion program may also be used.
When a student is placed in this virtual setting, the district must ensure the student has access to appropriate computer equipment and internet connectivity. If the student lacks these resources, the district is responsible for providing them.
The virtual expulsion program must, to the extent possible, follow the same standards and requirements as a disciplinary alternative education program (DAEP). The student’s placement in the program must be reviewed every 45 school days to assess whether continued virtual instruction is appropriate. During each review, the administrator must determine if an in-person placement has become available for the student’s grade level. If so, the district must begin planning the student’s transition back to an in-person setting. If the student remains in the virtual program, the administrator must document the decision.
Students enrolled in the virtual expulsion program are still counted toward the district’s average daily attendance for state funding purposes, provided the district can verify their daily participation.
To support teachers, the law prohibits districts from requiring them to simultaneously teach both virtual and in-person versions of a course during the same class period. Additionally, any teacher assigned to instruct in the virtual expulsion program must first complete professional development training focused on virtual instruction.
Finally, the Commissioner of Education is tasked with establishing rules to implement this section, including methods for tracking attendance and ensuring teachers receive the necessary training to effectively teach in a virtual expulsion setting.
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