(a) A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45.019, 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 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 45.057(e), Code of Criminal Procedure.

Terms Used In Texas Education Code 37.146

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Summons: Another word for subpoena used by the criminal justice system.
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011

(c) A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45.052, Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.


Text of section effective until January 01, 2025

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