Critics warn HB 6 will disproportionately harm Black and Brown children, reinforcing the school-to-prison pipeline, while supporters say it restores teacher authority. Credit: Getty Images

A new Texas bill could spell trouble for the state’s most vulnerable students, once shielded by law from the most extreme discipline. 

Lawmakers, through House Bill (HB) 6, have allowed suspensions from pre-K to second-grade students. That’s not all. The bill will also allow the suspension of homeless students who cause “disruption” in the classroom, overturning Texas laws that previously protected those students.

Now, they can be suspended and even expelled under a wider range of justifications. HB 6 is headed to Gov. Greg Abbott’s desk, awaiting his signature to become law. However, we have a snippet of what the outcome might be.

“It’s common sense to give teachers the authority to remove disruptive students from classrooms. We must restore discipline in our schools,” he wrote on X when it passed the House.

Like all bills, this one also raises the question: Who will it impact the most?

Texas State Representative Jeff Leach from Plano, who proposed the bill, has named it the “teachers’ bill of rights.” He said the aim of HB 6 is to “strengthen the authority of our educators in managing classroom discipline, while ensuring that all students across the state of Texas receive a structured and supportive educational experience.”

What does this bill say?

HB 6 removes the three-day cap on in-school suspensions, which keeps a student at school but isolates them from regular classes and activities. It sets no limit on the duration of suspension, with reviews every 10 days.

It also reverses previous laws (from 2017 and 2019) that limited the use of out-of-school suspensions (OSS) for K-2 students and homeless students. Under HB 6, those protections are rolled back, allowing suspensions and even expulsions under certain conduct and reinstating OSS for students as young as kindergarten, allowing virtual or in-person placements in alternative schools.

Under the bill, punishment extends to students whose conduct contains “the elements of an offense related to weapons,” “threatens the immediate health and safety” of other students, and those who cause “repeated or significant disruption to the classroom” or are found handling marijuana, a controlled substance, or a “dangerous” drug or alcohol. It would make it easier to suspend K-2 and homeless students if they are proven to engage in these activities.

While in Texas, homeless students generally cannot be placed in out-of-school suspensions, a recent investigation by the Houston Landing revealed Texas schools have been illegally suspending thousands of homeless students for years. It remains to be known if HB 6, if signed by Abbott, will worsen the situation.

Who said what

Opponents of the bill say that for Black students in Texas, HB 6 could be disastrous. This concern is backed by data. Per USA Facts, Black children are more likely to be disciplined than their white peers across all ages and all forms of discipline. Critics worry that “repeated or significant disruption to the classroom” is a vague standard that will likely be interpreted differently depending on a student’s race, zip code, or how well their teachers understand their cultural norms.

State Rep. Alma Allen, D-Houston, said during a legislative committee hearing she was worried the bill would worsen the school-to-prison pipeline for at-risk students. State Rep. James Talarico, D-Austin, added that out-of-school suspensions could contribute to students finding themselves in dangerous situations.

The Association of Texas Professional Educators (ATPE), on the other hand, supports the bill’s focus on removing students who engage in serious misconduct and believes it will help restore teaching time and reduce classroom disruptions.

ATPE appreciates HB 6’s support for teacher authority and its protections for vulnerable student populations, such as those experiencing homelessness. Although the group had “specific concerns regarding the implementation and equity of certain provisions in the bill,”  it still supports improving the quality of Disciplinary Alternative Education Programs (DAEPs) across the state.

Who gets impacted?

The bill would impact Black and brown children disproportionately. TEA data shows Hispanic/Latino and Black students make up most suspensions: over 75% in both in-school (51% and 24%) and out-of-school (50.9% and 31.4%) cases.It is also important to ask if HB 6 allows school districts and principals to sideline particular students instead of investing in restorative practices or mental health services. Additionally, while the bill claims to maintain access to instruction, especially in alternative settings, it raises concerns about learning losses during the COVID-19 pandemic.

I cover education, housing, and politics in Houston for the Houston Defender Network as a Report for America corps member. I graduated with a master of science in journalism from the University of Southern...