If you are a parent of a student in a Texas private school, you likely appreciate the academic rigor and the unique community these institutions offer. However, there is a legal reality that often catches families by surprise: private schools also known as independent schools are not governed by the Texas Education Code.
While public schools must follow strict state-mandated disciplinary procedures, private schools operate under a different set of rules. In the private sector, the relationship between the school and the student is almost entirely a matter of contract law.
The Handbook as a Binding Contract
When you enroll your child in a private school, you typically sign a tuition agreement and an acknowledgment of the Student-Parent Handbook. From a legal perspective, these documents constitute a binding contract.
Because private schools are not state actors, they are not bound by the same due process requirements that apply to public school expulsions. Instead, the school’s power to expel or discipline a student arises from the specific language in their policy manual. If the handbook says the school has the sole discretion to terminate enrollment for behavior detrimental to the school’s mission, they generally have the legal leverage to do so. Unlike public schools, where certain conduct must occur to trigger a mandatory expulsion under Texas Education Code Chapter 37, private schools can and often do police a variety of types of off-campus behavior if it violates their conduct standards.
The Rise of Corporate-Style Conduct Clauses
Modern private school handbooks have become increasingly sophisticated, often resembling corporate employee manuals more than traditional school rules. One area that has seen a massive surge in regulation is social media conduct.
It is now common to see "Brand Representation" clauses that dictate how students behave on their personal accounts. These policies can be shockingly detailed, sometimes mandating specific hashtag usage or prohibiting students from appearing in their school uniform in any unauthorized online content. Under these conduct policies, a single post—even one made on a private account over a weekend can be grounds for immediate expulsion if the administration deems it harmful to the school’s reputation.
Do You Have Recourse?
If a private school kicks a student out for something that falls outside the scope of their written policies, you may have grounds for a breach of contract claim. While public schools often enjoy sovereign immunity from certain lawsuits, private schools can be held accountable if they fail to follow their own published procedures.
If you are facing a disciplinary dispute with a private school administration, the first step is a deep dive into the handbook. You must determine:
- Did the alleged violation actually occur?
- Does the conduct rise to the level of expulsion as defined in the manual?
- Did the school follow the specific steps (such as a hearing or a board review) promised in the handbook?
In the world of private education, the administration often has the final say, but they are still bound by the contract they asked you to sign. When a school runs amuck of its own rules, that is when the legal system can step in to right the wrong.
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