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Texas Education Code - EDUC § 37.146. Requisites of Complaint

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45A.101, Code of Criminal Procedure:

(1) be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed;  and

(2) be accompanied by a statement from a school employee stating:

(A) whether the child is eligible for or receives special education services under Subchapter A, Chapter 29;  and

(B) the graduated sanctions, if required under Section 37.144, that were imposed on the child before the complaint was filed.

(b) After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45A.457(e), Code of Criminal Procedure.

(c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45A.401, Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.

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Cite this article: FindLaw.com - Texas Education Code - EDUC § 37.146. Requisites of Complaint - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-37-146/

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