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PISD Student Handbook Discipline Management Plan

SECTION V: DISCIPLINE MANAGEMENT PLAN
This plan is keyed to Texas Education Agency’s checklist for approving discipline management plans. The numbers in brackets specify the requirement fulfilled by that item.
1. CONTENT OF APPROVED PROGRAM
COMMUNITY INVOLVEMENT
Representatives from all segments of the local education community were involved in developing and reviewing the district’s discipline management plan. Selected teachers, administrators, students, and parents from each campus, forming a committee of ten, were requested to review the plan submitted here. After their comments and suggestions were considered and incorporated, the district held one public information session so that all interested parents, students, administrators, and teachers had the opportunity to be aware of the content of the plan. Information describing the plan was made available to news media in the community.
The Discipline Management Plan was placed on the agenda for the January 13, 1986, board meeting. At a duly called board meeting on January 13, 1986, the board adopted the discipline management plan as submitted here.
CAMPUS DISCIPLINE PERSON [TEA 6]
The campus discipline person(s) on each campus shall be the principal. Duties shall include the authority to:
1. Assess and implement the campus discipline management plan.
2. Remove a student from campus for compelling non-disciplinary reasons or pending a hearing.
3. Refer students to school-community guidance centers, if available.
4. Remove students to alternative education programs.
5. Suspend a student for not more than six school days in a semester. The Board of Trustees is authorized to expel students.
6. The board delegates the authority to expel students to the superintendent. FOD (Local)
RIGHTS AND RESPONSIBILITIES OF STUDENTS [TEA 7]
All students are entitled to enjoy the basic rights of citizenship recognized and protected by law for persons of their age and maturity. District schools shall foster a climate of mutual respect for the rights of others. Each student is expected to respect the rights and privileges of other students, teachers, and district staff. Students shall exercise their rights responsibly, in compliance with rules established for the orderly conduct of the district’s educational mission. The district’s rules of conduct and discipline are established to achieve and maintain order in the school. Students who violate the rights of others or who violate district or school rules shall be subject to disciplinary measures designed to correct the misconduct and to promote adherence by all students to the responsibilities of citizens in the school community.
Student responsibilities for achieving a positive learning environment at school or school-related activities shall include:
1. Attending all classes, daily and on time.
2. Being prepared for each class with appropriate materials and assignments.
3 Being properly attired according to Plains ISD dress code.
4. Exhibiting respect toward others.
5. Conducting themselves in a responsible manner.
6. Paying required fees and fines, unless they are waived.
7. Refraining from violations of the code of student conduct.
8. Obeying all school rules, including safety rules.
9. Seeking changes in school policies and regulations in an orderly and responsible manner, through appropriate channels.
10. Cooperating with staff in investigation of disciplinary cases and volunteering information when the student has knowledge relating to a serious offense.
RIGHTS AND RESPONSIBILITIES OF PARENTS [TEA 7]
Throughout this plan, “parents” includes single parent, legal guardian, or person having lawful control of the student.
Parents have the responsibility to:
1. Make every effort to provide for the physical needs of the child.
2. Teach the child to pay attention and obey the rules.
3. Be sure their child attends school regularly and promptly report and explain absences and tardiness to the school.
4. Encourage and lead the child to develop proper study habits.
5. Participate in meaningful parent-teacher conferences to discuss their child’s school progress and welfare.
6. Attend parent training workshops for the home reinforcement of study skills and specific curriculum objectives.
7. Keep informed of school policies and academic requirements of school programs.
8. Participate in school-related organizations.
9. Be sure their child is appropriately dressed at school and school-related activities.
10. Discuss report cards and school assignments with their child.
11. Bring to the attention of school authorities any learning problem or condition that may relate to their child’s education.
12. Maintain up-to-date home, work, and emergency telephone numbers and other pertinent information at the school.
13. Cooperate with school administrators and teachers.
14. Be sure their child attends school tutorials when required or as the need arises.
15. Submit a signed statement that they understand and consent to the responsibilities outlined in this plan.
16. Control their child. Under family code 33.01, a student’s parent is legally liable for property damage proximately caused by (a) the negligent conduct of the student if such conduct is reasonably attributable to the negligent failure of the parent to exercise that duty, or (b) the willful or malicious conduct of a student who is at least 12, but under 18 years of age.
RIGHTS AND RESPONSIBILITIES OF ADMINISTRATORS:
Administrators have the responsibility to:
1. Respond to discipline problems referred to them by teachers.
2. Promote effective training and discipline of all students.
3. Encourage parent communication with the school, including participation in required parent-teacher conferences.
4. Provide appropriate assistance to students in learning mature self-discipline.
5. Assume responsibility and instructional leadership for discipline and for evaluation of the Discipline Management Plan.
6. Serve as appropriate role models for the students on their campus in accordance with the standards of the profession.
RIGHTS AND RESPONSIBILITIES OF TEACHERS:
Teachers have the responsibility to:
1. Use discipline management techniques developed in the district’s Discipline Management Plan.
2. Ensure good student discipline by being in regular attendance and on time.
3. Be prepared to perform their teaching duties with appropriate preparation, assignments, and resource materials.
4. Comply with district and school policies, rules, and regulations, and directives.
5. Maintain an orderly classroom atmosphere conducive to learning.
6. Teach to the standards of performance required by the district.
7. Establish rapport and an effective working relationship with parents, students, and other staff members.
8. Teach students to strive toward self-discipline.
9. Encourage good work habits that will lead to the accomplishment of personal goals.
10. Serve as appropriate role models for their students, in accordance with the standards of the teaching profession.
PARENT-TEACHER CONFERENCES [TEA 8]
Description of procedures for required parent/teacher conferences is as follows:
1. One or more conferences shall be held during each school year between a teacher and the parents of a student if the student is not maintaining passing grades or achieving the expected level of performance or presents some other problem to the teacher or in any case the teacher considers necessary.
2. Attempts will be made to contact parents at home or at work to arrange a parent conference on the school campus. If these attempts do not succeed, the conference may be conducted by telephone. As a last resort, parents will be notified by mail.
3. Documentation includes: record of parent/teacher conferences, telephone log, notices of conferences and Student Code of Conduct.
PARENT TRAINING WORKSHOPS
Parent training workshops for home reinforcement of study skills and specific curriculum objectives shall be based on interest as indicated by parents in the community.
SCHOLASTIC PENALTIES [TEA 10]
A student suspended from his or her regular classes will receive an excused absence if the student satisfactorily completes the assignments for the period of suspension within a time designated by the make-up policy. A grade adjustment may be imposed on work made up for a period of suspension according to board policy.
Students who are expelled will not receive credit for work missed during expulsion. Handicapped students will receive educational services during expulsion as determined by the Admission, Review, and Dismissal committee.
Students shall receive full credit for assignments completed in an alternative education program, including in-school suspension.
2. STUDENT CODE OF CONDUCT [TEA 11]
JURISDICTION:
The district’s rules of conduct and discipline are established to achieve and maintain order in the schools. Persistent or repeated violations of the rules of conduct may result in increasingly serious penalties.
The district has jurisdiction over its students during the regular school day and while going to and from school on district transportation. The district’s jurisdiction includes any activity during the school day on school grounds, attendance at any school-related activity, regardless of time or location, and any school-related misconduct, regardless of time or location.
Specific board policies that address student conduct are referenced at the end of the following headings:
DRESS CODES:
Purpose: The district’s dress code is established to teach grooming and hygiene, instill discipline, prevent disruption, avoid safety hazards, and teach respect for authority.
General Guidelines: Students shall be dressed and groomed in a manner that is clean and neat and that will not be a health or safety hazard to themselves or others. The district prohibits any clothing or grooming that in the principal’s judgment may reasonably be expected to cause disruption of or interference with normal school operations.
(1) Hats, hoods, caps, and sunglasses will not be worn inside the building. These items should be kept inside the student’s locker at all times so as not to cause a problem. When worn while attending school-sponsored functions, caps will be worn with the bill facing forward.
(2) Clothing should be long enough to cover the body and undergarments adequately. Clothing should conform to a standard of modesty when the student is sitting, standing, stooping, or bending. Shorts should be loose-fitting and mid-thigh length. No spaghetti straps or tank-tops; no sleeveless shirts on boys.
(3) Clothing will be prohibited that exhibits emblems, pictures, or writings that are:
a. lewd, offensive, vulgar, or obscene, or,
b. advertises or depicts tobacco products, alcoholic beverages, drugs, or any other prohibitive substance.
(4) Students shall be clean-shaven. Hair should be kept neat, clean, and of moderate style and/or length. Boys may not put hair into a ponytail.
(5) No pierced jewelry for boys. (No piercing other than ears for girls.)
(6) Sagging pants or pants with intentional or excessive holes in them will not be allowed.
(7) Excessive wrist jewelry and/or “independent sleeves” will not be allowed.
Violations: If the principal determines that a student’s grooming or dress violates the dress code, the student shall be given an opportunity to correct the problem. If no correction occurs, the students shall be assigned to in-school suspension for the remainder of the day, or until the problem is corrected.
VANDALISM AND DAMAGE TO SCHOOL PROPERTY: [FNCB]
Students shall not vandalize or otherwise damage or deface any property, including furniture and other equipment, belonging to or used by the district or district schools. Parents or guardians of students guilty of damaging school property shall be liable for damages in accordance with law. Students shall be responsible for the care and return of state-owned textbooks and may be charged for replacement of lost textbooks.
HAZING [FNCC]
Hazing means any intentional, knowing, or reckless act directed against a student, by one person alone or acting with others, that endangers the mental or physical health or the safety of a student for the purpose of being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students. The term includes but is not limited to:
1. Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
2. Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or the safety of the student.
3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that adversely affects the mental or physical health or the safety of the student.
4. Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from remaining registered in a district school, or that may reasonably be expected to cause a student to leave the organization or the school rather than submit to acts described above.
5. Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code. Students shall have prior approval from the principal or designee for any type of “initiation rites” of a school club or organization. No student shall engage in any form of hazing, nor shall any student encourage or assist any other person in hazing. Acts of hazing and failure to report known hazing can result in criminal penalties, as well as school discipline. [Education Code 4.51 et seq., as added by S.B.24]
STUDENTS’ RIGHTS
It is the belief of the Plains ISD that the students in this school should represent youth of integrity and high moral character and should be treated accordingly. Each student should respect the rights and privileges of other students, as well as those of the teachers and administration. There should be a mutual respect by all administrators and other personnel of the rights and privileges of the students. It is with this premise that the following rules of conduct are established. The district does not anticipate bad conduct on anyone’s part, but in order to have an effective school system and to prepare and instruct students in learning to live in society, rules of discipline and conduct are necessary.
PUBLIC DISPLAYS OF AFFECTION
Students are expected to behave in a manner that is age and public appropriate! Public displays of affection will result in disciplinary action.
END OF YEAR OFFENSES
If a student commits a violation of the rules during the last six weeks of the school year which would justify removal or expulsion for a period of time longer that than left in the year, such removal or expulsion may be carried to the following year. If the student is a graduating senior, he/she may be denied the privilege of participating in graduation ceremonies and/or the right to receive honors or awards.
AWARDS AND HONORS CONDITIONED
Any award or honor, including honors conferrable upon graduation or at a time subsequent to determination that the awards will be conferred, is conditioned upon the student complying with all rules and regulations of the district.
TOBACCO USE
Students in all grades shall not possess or use tobacco products, including but not limited to cigarettes, cigars, pipes, snuff, or chewing tobacco, on school premises or at school-related functions.
DRUG/ALCOHOL USE
The use of illicit drugs and unlawful possession and use of alcohol is wrong and harmful.
No student shall possess, use, transmit, or attempt to possess, use, or transmit, or be under the influence of any of the following substances on school premises during any school term or off school premises at a school-related activity, function, or event:
1. Any controlled substance or dangerous drug as defined by law, without regard to amount, including but not limited to marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.
2. Alcohol or any alcoholic beverage.
3. Any abusable glue, aerosol paint, or any other chemical substance for inhalation.
4. Any other intoxicant, or mood-changing, mind-altering or behavior-altering drugs.
“Use” means a student has smoked, ingested, injected, imbibed, inhaled, drunk, or otherwise taken internally a prohibited substance recently enough that it is detectable by the student’s physical appearance, actions, breath, or speech. “Under the influence” means a student’s faculties are noticeably impaired but the student need not be legally intoxicated. The transmittal, sale, or attempted sale of what is represented to be any of the above-listed substances is also prohibited under this rule. A student who uses a drug authorized by a licensed physician through a prescription specifically for that student’s use shall not be considered to have violated this rule.
WEAPONS
A student shall not go on the school premises with a firearm, explosive weapon, or illegal knife, unless pursuant to written regulations or written authorization of the district. The student shall not interfere with normal activities, occupancy, or use of any building or portion of the campus by exhibiting, using or threatening to exhibit or use the firearm, explosive, weapon, or illegal knife.
Students are also prohibited from bringing to school or a school-related activity any other weapons. This prohibition will not normally apply to school supplies such as pencils, compass, and the like, unless they are used in a menacing or threatening manner.
Weapons include, but are not limited to:
1. Fireworks of any kind.
2. Clubs or night sticks.
3. Razors.
4. Metallic knuckles.
5. Chains.
6. Guns or firearms.
7. Any other object, including knives, used in a way that threatens to inflict bodily injury on another person.
The possession or use of articles not generally considered weapons may be prohibited when, in the principal’s or designee’s judgment, a reasonable apprehension of danger exists to the student in possession, other students, staff, or school property by virtue of possession or use.
ASSAULTS
Students are prohibited from assaulting anyone on school property or at any school-related event. An assault is defined as
1. Intentionally, knowingly, or recklessly causing bodily injury to another person.
2. Intentionally or knowingly threatening another with imminent bodily injury.
3. Intentionally or knowingly causing physical contact with another when the student knows or should reasonably believe that the other will regard the contact as offensive or provocative.
DISRUPTION OF CLASSES
For purpose of this rule, “school property” includes the public school campuses or school grounds upon which any public school is located, and any grounds used by district schools for assemblies or other school-related activities, and “public property” includes any street, highway, alley, public park, or sidewalk.
No student shall be permitted on school property or on public property within 500 feet of school property to willfully disrupt, alone or in concert with others, the conduct of classes or other school activities.
Conduct that disrupts the educational activities of a school include
1. Emissions by any means of noise of an intensity that prevents or hinders classroom instruction.
2. Enticement or attempted enticement of students away from classes or other school activities that students are required to attend.
3. Prevention or attempted prevention of students from attending classes or other school activities that students are required to attend.
4. Entrance into a classroom, without consent of the principal or teacher, and/or acts of misconduct and/or use of loud or profane language causing disruption of class activities.
DISRUPTION OF LAWFUL ASSEMBLY
No student or group of students acting in concert may willfully engage in disruptive activity or disrupt a lawful assembly on the campus or property of any school in the district. Disruptive activity means
1. Obstructing or restraining the passage of persons in an exit, entrance, or hallway of any building without the authorization of the administration of the school.
2. Seizing control of any building or portion of a building for the purpose of interfering with any administrative education, research, or other authorized activity.
3. Preventing or attempting to prevent by force or violence or the threat of violence any lawful assembly authorized by the school administration.
4. Disrupting by force or violence or the threat of force or violence a lawful assembly in progress.
5 Obstructing or restraining the passage of any person at an exit or entrance to said campus or property or preventing or attempting to prevent by force or violence or by threats thereof the entrance or exit of any person to or from said property or campus without the authorization of the administration of the school.
6. Interfering with the normal activity, occupancy, or use of any school bus engaged in the transportation of students to and from school-sponsored activities by exhibiting or using or threatening to exhibit or use a firearm.
A lawful assembly is disrupted when any person in attendance is rendered incapable of participating in the assembly due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur.
Conduct by students, either in or out of class, that for any reason --whatever because of time, place, or manner of behavior--materially disrupts class work or involves substantial disorder or invasion of the rights of other students or other employees at school or school-related activities is prohibited.
Student demonstrations and similar activities shall be prohibited when there is evidence that may reasonably lead school authorities to forecast substantial disruption of, or material inference with, normal school operations or approved school activities.
PUBLICATIONS
School-Sponsored Publications: The district’s professional employees shall exercise editorial control over style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns. The district may refuse to disseminate or sponsor student speech that:
1. Might reasonably be perceived to advocate drug or alcohol use, irresponsible sex, or conduct otherwise inconsistent with the shared values of a civilized social order.
2. Is inappropriate for the level of maturity of the readers.
3. Does not meet the standards of the professional employees who supervise the production of the publication.
4. Associates the school with any position other than neutrality on matters of political controversy.
Non-School Publication: Distribution of written materials may be restricted, subject to the following guidelines:
1. Distribution may be limited in order to prevent material and substantial interference with normal school operations in circumstances where there is evidence that reasonably supports a forecast that disruption will likely result directly from the distribution.
2. Reasonable administrative regulations as to the time, place, and manner of distribution may be prescribed to promote orderly administration of school activities by preventing disruption, but shall not be designed to stifle expression.
3. Content of the materials to be distributed shall conform to the following standards.
a. Materials that are sexually inappropriate for the age and maturity of the audience or that endorse actions endangering the health and safety of students shall not be distributed.
b. Material may not be forbidden if the portions or specific language objected to may also be found in material that is made available to students through school facilities, i.e., the school library or readings assigned by teachers.
c. Libelous material may be prohibited from distribution.
d. Publications that criticize board members or school officials or advocate violation of school rules May be prohibited when there is evidence that reasonably supports a forecast that material and Substantial disruption of normal school operations will result from publication. Advocacy directed toward inciting or producing imminent lawless or disruptive action and that is likely to incite or produce such action shall be restricted.
e. Hate literature that scurrilously attacks ethnic, religious, or racial groups, and similar irresponsible publications aimed at creating hostility and violence may be banned. Only material that could reasonably support a forecast of material and substantial disruption of normal school operation is affected by this restriction.
Prior Review: All written material over which the school does not exercise editorial control that is intended for distribution to students shall be submitted for prior review according to the following procedures:
1. Material shall be submitted to the building principal or designee for review.
2. The principal or designee shall approve or disapprove submitted material within twenty-four hours of the time the material is received. Failure to act within the twenty-four hour period shall be interpreted as disapproval.
3. The student may appeal disapproval to the superintendent, who shall decide the appeal within three days of its receipt. Failure of the superintendent to act within the three-day period shall be interpreted as disapproval.
4. If the request to distribute material is initiated by a student, disapproval may be appealed to the board under FNG and FNG (LOCAL), beginning at Level Three. If the request to distribute material was initiated by someone other than a student, disapproval may be appealed to the board under GF and GF (LOCAL), beginning at Level Three.
SECRET SOCIETIES
Students shall not become members or promise to become members of any organization composed wholly or in part of students of public schools below the rank of college or junior college which seeks to perpetuate itself by taking in additional members from the students enrolled in such school on the basis of the decision of its membership, rather than upon the free choice of any student in the school, who is qualified under the rules of the school, to fill the special aims of the organization.
PROHIBITED ACTIVITIES [FNC]
In addition to the actions prohibited in the policies listed above, students at school or school-related activities are prohibited from:
1. Cheating or copying work of another student.
2. Throwing objects, outside supervised school activities, that can cause bodily injury or damage property.
3. Leaving school grounds or events/activities without permission.
4. Directing profanity, vulgar language, or obscene gestures toward other students.
5. Insubordination, including failure to comply with lawful directives from school personnel or school policies, rules, and regulations.
6. Exhibiting disrespect or directing profanity, vulgar language, or obscene gestures toward teachers or other school employees.
7. Committing arson.
8. Committing robbery or theft.
9. Damaging or vandalizing property owned by other students or district employees.
10. Engaging in misconduct, as defined by district policies and regulations, on school buses.
11. Fighting
12. Committing extortion, coercion, or blackmail, i.e., obtaining money or other objects of value from an unwilling person, or forcing an individual to act through the use of force or threat of force.
13. Engaging in verbal abuse, i.e., name-calling, ethnic or racial slurs, or derogatory statements addressed publicly to others, that may precipitate substantial disruptions of the school program or incite violence.
14. Engaging in offensive conduct of a sexual nature, whether verbal or physical which may include requests for sexual favors or other intimidating sexual conduct directed toward another student.
15. Possessing or using fireworks or explosives.
16. Exhibiting inappropriate physical familiarities disruptive to other students or to the educational environment or disruptive behavior going to and from school. Community residents have a right to privacy, private property, and freedom from abusive behavior. On the way to and from school, students shall not loiter, litter, trespass, abuse, or create a nuisance for residents of the community. While the district does not assume responsibility for the acts of students to and from school, the district may take disciplinary action if the circumstances warrant. The district has a responsibility to cooperate with the law enforcement agencies to which law violators affecting community members are reported.
17. Engaging in any other conduct that disrupts the school environment or educational process.
18. Students shall not possess a paging device while on school property or while attending a school-sponsored activity on or off school property, unless the student is in attendance in the capacity of an active member of a volunteer fire-fighting organization. A “paging device” is a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor.
A person who discovers a student in possession of a paging device in violation of this policy shall report the violation to the principal, who shall order a peace officer or appropriate school employee to confiscate the device, which is forfeited to the district. [Education Code 21.309]
GENERAL GUIDELINES FOR ASSESSING DISCIPLINE PENALTIES [FO]
When imposing discipline, district personnel shall adhere to the following general guidelines:
1. Discipline shall be administered when necessary to protect students, school employees, or property and maintain essential order and discipline.
2. Students shall be treated fairly and equitably. Discipline shall be based on a careful assessment of the circumstances of each case. Factors to consider shall include:
a. Seriousness of the offense.
b. Student’s age.
c. Frequency of misconduct.
d. Student’s attitude.
e. Potential effect of the misconduct on the school environment.
DISCIPLINE MANAGEMENT TECHNIQUES [FO]
Discipline management techniques are always available when assessing penalties for violation of the code of conduct, regardless of the offense. Discipline management techniques shall include:
1. Counseling by teachers, special services, or administrative personnel.
2. Parent-teacher conferences.
3. Cooling-off or time-out.
4. Behavioral contracts.
5. Assigned school duties other than class tasks.
6. Verbal correction.
7. Withdrawal of privileges, including participation in extracurricular activities and honorary positions.
8. Sending the student to the office or other assigned areas.
9. Detention.
10. Corporal punishment.
11. Probation.
12. Rewards or demerits.
13. Referral to outside agency or authority.
14. Temporary confiscation of items that disrupt the educational process.
15. Grade penalties for unexcused absences.
16. Removal to an alternative education program. [FOA]
Each handicapped student’s individual education plan (IEP) shall address the student’s specialized needs on discipline, including which of the discipline management techniques can appropriately be used with the student.
CATEGORIES OF OFFENSES [TEA 13]
SERIOUS FIRST OFFENSES
1. Assaulting a teacher or other individual. [FNCH]
2. Selling, giving, or delivering to another person, possessing or using, or being under the influence of:
a. Marijuana or a controlled substance, as defined by the Texas Controlled Substance Act or by 21 USC 801 Et Seq.
b. A dangerous drug, as defined by Article 4476-14, VATS.
c. Abusable glue or aerosol paint as defined by Article 4476-15, VATS or volatile chemical as defined 4476-13A, VATS.
d. An alcoholic beverage, as defined by the Alcohol Beverage Code, or committing a serious act or offense while under the influence of alcohol.
3. Possessing a firearm, an illegal knife, a club, or other weapon listed as a prohibited weapon under Penal code 46.06.
4. Committing arson, as defined by Penal Code 28.02.
5. Engaging in conduct that constitutes felony criminal mischief, as defined by Penal Code 28.03.
6. Vandalism.
7. Robbery or theft.
8. Extortion, coercion, or blackmail.
9. Aggressive, disruptive action or group demonstration that substantially disrupts or materially interferes with school activities.
10. Verbal abuse, i.e., name-calling, racial or ethnic slurs, or derogatory statements that may disrupt the school environment or incite violence.
11. Insubordination.
12. Exhibiting disrespect or directing profanity, vulgar language, or obscene gestures toward teachers or other employees.
13. Fighting.
14. Hazing. [FNCC]
15. Any other conduct that disrupts the school environment or educational process and that meets the criteria for incorrigible conduct.
16. Engaging in offensive conduct of a sexual nature, whether verbal or physical. This action may include requests for sexual favors or other intimidating sexual conduct directed toward another student.
MINOR OFFENSES
Any violation of the code of conduct that is not listed as a serious first offense or other serious offense is considered a minor offense.
PERSISTENT OFFENSES
The district defines “persistent” to be two or more violations of the code in general or repeated occurrences of the same violation.
STUDENT HANDBOOK
A student handbook containing policies and regulations on the rights and responsibilities of students, the code of student conduct and student discipline shall be distributed to all students and parents, teachers, and administrators, at the beginning of the school year. It shall also be provided to new professional employees, newly enrolled students, and any parent on request. Changes during the year shall be published and distributed during the next semester, but no later than the beginning of the next school year. Each student and parent annually shall sign a statement that they have received and read the student handbook and code of conduct and acknowledge the responsibilities outlined there.
3. TEACHER REMOVAL OF STUDENT FROM CLASS
Discretionary Teacher Removal of Student to Office (Routine Offenses): A teacher may send a student to the principal’s office to maintain effective discipline in the classroom. The principal shall respond by employing appropriate discipline management techniques consistent with this student code of conduct.
Discretionary Teacher Removal of Student from Class (Serious Disruptive Behavior): A teacher may remove a student:
(1) who has been documented by the teacher to repeatedly interfere with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn; or
(2) whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn.
If a teacher removes a student from class under this provision, the principal may place the student into another appropriate classroom, into in-school suspension, or into an alternative education program. The principal may not return the student to the teacher’s class without the teacher’s consent unless the campus Placement Review Committee determines that such placement is the best or only alternative available. The terms of the removal may prohibit the student from attending or participating in school-sponsored or school-related activity.
Mandatory Teacher Removal Of Student From Class (Extremely Serious Disruptive Behavior): A teacher must remove from class and send to the principal for placement in an alternative education program or for expulsion, as appropriate, a student who engages in conduct described below for “EXPULSION FOR SERIOUS OFFENSES” and for mandatory “REMOVAL FOR CERTAIN CONDUCT”. The student may not be returned to that teacher’s class without the teacher’s consent unless the campus Placement Review Committee determines that such placement is the best or only alternative available.
PLACEMENT REVIEW COMMITTEE
Role of Committee: Each campus shall establish a three-member committee to determine placement of a student when a teacher refuses the return of a student to the teacher’s class and make recommendations to the District regarding re-admission of expelled students. The teacher refusing to re-admit the student may not serve on the committee.
Selection of Committee Members: Members shall be appointed as follows:
(1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and
(2) the principal shall choose one member from the professional staff of a campus.
PLACEMENT OF STUDENTS WITH DISABILITIES
For Students with Disabilities, Alternate Education Programs Are For Disciplinary (Not Educational) Placements: The placement of a student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal committee. “Placement” in this code refers to any change in a student’s IEP lasting more than ten consecutive school days. A student with a disability who receives special education services may not be placed in alternative education programs solely for educational purposes if the student does not also meet the criteria for alternative placement under the “Mandatory Student Removal To An Alternate Education Program” section below under REMOVAL FOR CERTAIN CONDUCT or the “Mandatory Student Expulsion” below under EXPULSION FOR SERIOUS OFFENSES.
4. SUSPENSION
The principal or other appropriate administrator may suspend a student who engages in conduct for which the student may be placed in an alternative education program. A suspension may not exceed three school days. No formal hearing or prior notice to parents is required prior to a principal or designee suspending a student. Prior to making a suspension decision, the principal or designee shall orally notify the student of the charge and the basis of the accusation, and give the student an opportunity to explain his/her side of the events. The principal or designee shall duly notify the parents or guardians of the suspension.
REMOVAL FOR CERTAIN CONDUCT
Mandatory Student Removal To A Disciplinary Alternate Education Program: A student shall be removed from class and placed in an alternative education program if the student engages in conduct punishable as a felony, or commits the following on school property or while attending a school-sponsored or school-related activity on or off school property:
(1) engages in conduct that contains the elements of the offense of assault under Section 22.01(a) (1), Penal Code, or terrorist threat under Section 22.07, Penal Code;
(2) sells, gives, or delivers to another person or possesses or uses or is under the influence of:
(A) marijuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.; or
(B) a dangerous drug, as defined by Chapter 483, Health and Safety Code;
NOTE: A student engaging in conduct under this subsection (2) that would be punishable as a felony shall be expelled.
(3) sells, gives, or delivers to another person an alcoholic beverage as defined by Section 1.04, Alcoholic Beverage Code, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage;
NOTE: A student engaging in conduct under this subsection (2) that would be punishable as a felony shall be expelled.
(4) engages in conduct that contains the elements of an offense relating to abusable glue or aerosol paint under Sections 485.031 through 485.035, Heath and Safety Code, or relating to volatile chemicals under Chapter 484, Health and Safety Code; or
(5) engages in conduct that contains the elements of the offense of public lewdness under Section 21.07, Penal Code, or indecent exposure under Section 21.08, Penal Code. The terms of a placement under this section must prohibit the student from attending or participating in a school-sponsored or school-related activity.
Mandatory Student Removal To Disciplinary Alternate Education Program For Retaliation Against An Employee: A student shall be removed from class and placed in an alternative education program if the student engages in conduct that contains the elements of the offense of retaliation under Section 36.06, Penal Code, against any school employee. The terms of a placement under this provision must prohibit the student from attending or participating in a school-sponsored or school-related activity. [NOTE: As set forth below, notwithstanding any provision to the contrary, a student shall be expelled if the student engages in conduct that contains the elements of any offense listed in the “Mandatory Student Expulsion” reasons below, against any employee in retaliation for or as a result of the employee’s employment with a school district.]
Discretionary Student Removal to Disciplinary Alternate Education Program: A student may be removed from class and placed in an alternative education program if the student engages in any of the following conduct:
(1) Pledges to become a member of, joins, or solicits another person to join or pledge to become a member of a public school fraternity, sorority, secret society, or gang, as defined in Texas Education 37.121.
It is discretionary with the principal or designee whether a student removed to an alternate education program under this provision shall be prohibited from attending or participating in a school-sponsored or school-related activity.
Transferring Students’ DAEP Placements May Be Continued: If a student placed in an alternative education program in a sending school district enrolls in the District before the expiration of the period of placement, the District may continue the alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.
Students Shall Be In Supervised Settings, Other Than Students Who Are Expelled or Suspended: The District shall not place a student, other than a student who is suspended or expelled, in an unsupervised setting as a result of conduct for which a student may be placed in an alternative education program.
Students With Disabilities: Notwithstanding any of the above provisions on REMOVAL FOR CERTAIN CONDUCT, the placement of a student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal committee. “Placement” in this code refers to any change in a student’s IEP lasting more than ten consecutive school days.
EXPULSION FOR SERIOUS OFFENSES
Mandatory Student Expulsion: A student shall be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property:
(1) Uses, exhibits, or possesses:
(A) a firearm as defined by Section 46.01(3), Penal Code;
(B) an illegal knife as defined by Section 46.01(6), Penal Code, or by local policy;
(C) a club as defined by Section 46.01(1), Penal Code; or
(D) a weapon listed as a prohibited weapon under Section 46.05, Penal Code;
(2) Engages in conduct that contains the elements of the offense of:
(A) aggravated assault under Section 22.02, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or criminal attempt, under Section 15.01, Penal Code, to commit murder or capital murder;
(D) indecency with a child under Section 21.11, Penal Code; or
(E) aggravated kidnapping under Section 20.04, Penal Code; or
(3) Engages in the following conduct, if the conduct is punishable as a felony:
(A) sells, gives, or delivers to another person or possesses or uses or is under the influence of:
(i) marijuana or a controlled substance, as defined by Chapter 81, Health and Safety Code, or by 21 U.S.C. Section 801 et. seq.; or
(ii) a dangerous drug, as defined by Chapter 483, Health and Safety Code;
(B) sells, gives, or delivers to another person an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage.
Mandatory Student Expulsion for Retaliation Against an Employee: A student shall be expelled if the student engages in conduct that contains the elements of any offense listed in the “Mandatory Student Expulsion” reasons above, against any employee in retaliation for or as a result of the employee’s employment with a school district.
Discretionary Student Expulsion: A student may be expelled if the student, after being placed in an alternative education program for disciplinary reasons, continues to engage in serious or persistent misbehavior that violates the district’s student code of conduct.
Mandatory Federal Requirements For Student Expulsion For Firearms: In accordance with federal law, a local educational agency, including a school district, home-rule school district, or open-enrollment charter school, shall expel a student who brings a firearm, as defined by 18 U.S.C. Section 921, to school. The student must be expelled from the student’s regular campus for a period of at least one year, except that:
(1) the superintendent or chief administrative officer of the school district or of the other local educational agency, as defined by 20 U.S.C. Section 2891, may modify the length of the expulsion in the case of an individual student; and
(2) the district or other local educational agency may provide educational services to the expelled student in an alternative education program as provided by Section 37.008.
The District shall report to the Texas Education Agency the number of students expelled under this federal provision each year, the names of the schools from which the students are expelled, and the types of weapons involved.
Discretionary Student Expulsion For Felony Criminal Mischief: A student who engages in conduct that contains the elements of the offense of criminal mischief under Section 28.03, Penal Code, may be expelled at the district’s discretion if the conduct is punishable as a felony under that section. The student shall be referred to the authorized officer of the juvenile court regardless of whether the student is expelled.
Teacher Notice of Student Expulsion Offenses and Confidentiality: The District shall inform each teacher of the conduct of a student who has engaged in any violation listed in this EXPULSION section. A teacher shall keep the information received confidential. The State Board for Educator Certification may revoke or suspend the certification of a teacher who intentionally violates this subsection.
Students with Disabilities: Notwithstanding any of the above provisions on EXPULSION, the placement of a student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal committee. “Placement” in this code refers to any change in a student’s IEP lasting more than ten consecutive schools days.
5. EMERGENCY PLACEMENT OR EXPULSION
Emergency DAEP Removal: The principal or the principal’s designee may order the immediate placement of a student in the alternative program if the principal or the principal’s designee reasonably believes the student’s behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher’s ability to communicate effectively with the students in a class, with the ability of the student’s classmates to learn, or with the operation of school or a school-sponsored activity.
Emergency Expulsion: The principal or the principal’s designee may order the immediate expulsion of a student if the principal or the principal’s designee reasonably believes that action is necessary to protect persons or property from imminent harm.
Notice Of Reasons Required At Time of Emergency Action: At the time of an emergency placement or expulsion, the student shall be given oral notice of the reason for the action. Within a reasonable time after the emergency placement or expulsion, the student shall be accorded the appropriate due process as required under the HEARINGS section below.
Special Education Students: If the student subject to the emergency placement or expulsion is a student with disabilities who receives special education services, the term of the student’s emergency placement or expulsion is subject to the requirements of 20 U.S.C. Section 1415(e)(3) and 34 CFR 300.513.
6. HEARINGS, REVIEW
I. SHORT-TERM ALTERNATE EDUCATION PLACEMENT: NO HEARING
General Rule: No Hearing Required For Student Placement In Disciplinary Alternate Education Program. Except as set forth below, no formal hearing or prior notice to parents is required prior to a principal or designee assigning student to a supervised alternate education program placement. Prior to making the assignment, the principal or designee shall orally notify the student of the charge and the basis of the accusation, and give the student an opportunity to explain his/her side of the events. The principal or designee shall deliver to the student and the student’s parent or guardian a copy of the order placing the student in a disciplinary alternative education program. The principal or designee shall set a term for a student’s placement in a disciplinary alternative education program.
II. HEARINGS REQUIRED FOR CERTAIN TYPES OF ALTERNATE EDUCATION PLACEMENTS
Hearings For Student Placement In Disciplinary Alternate Education Program Pursuant To Teacher Disciplinary Removals: Not later than the third class day after the day on which a student is removed by a teacher from class under the provision (above) for “Discretionary Teacher Removal Of Student From Class (Serious Disruptive Behavior)” or “Mandatory Teacher Removal Of Student From Class (Extremely Serious Disruptive Behavior),” the school principal shall schedule a hearing among the principal or the principal’s designee, a parent or guardian of the student, the teacher removing the student from class, and the student. The student may not be returned to the regular classroom pending the hearing. Following the hearing, and whether or not each requested person is in attendance after valid attempts to require the person’s attendance, the principal shall order the placement of the student as provided by that “Removal By Teacher” section for a period consistent with the student code of conduct. Pending the hearing, unless the student is removed under the EMERGENCY PLACEMENT OR EXPULSION provisions below, the student may be suspended for up to three days or placed in the District’s ISS center or some alternative arrangement.
Hearings For Student Placement In Disciplinary Alternate Education Program Beyond The End Of The Next Grading Period: If a student’s placement in an alternative education program is to extend beyond the end of the next grading period, a student’s parent or guardian is entitled to notice of and an opportunity to participate in a proceeding before the board of trustees of the school district or the board’s designee, as provided by policy of the board of trustees of the district. The board has designated the superintendent to conduct the hearing and make a decision under this section. Any decision of the board’s designee under this subsection may be appealed to the board of trustees. Pending the hearing, unless the student is removed under the EMERGENCY PLACEMENT OR EXPULSION provisions below, the student may be suspended for up to three days or placed in the District’s ISS center or some alternative arrangement.
Before it may place a student in an alternative education program for a period that extends beyond the end of the school year, the board or the board’s designee must determine that:
(1) the student’s presence in the regular classroom program or at the student’s regular campus presents a danger of physical harm to the student or to another individual; or
(2) the student has engaged in serious or persistent misbehavior that violates the district’s student code of conduct.
Parent To Receive Written Notice Of Student’s Placement In DAEP: The board’s designee shall deliver to the student and the student’s parent or guardian a copy of the order placing the student in an alternative education program.
Length of DAEP Placements to Be Set By Board or Designee: The board or the board’s designee shall set a term for a student’s placement in an alternative education program.
120-Day Review of DAEP Placements: A student placed in a disciplinary alternative education program shall be provided a review of the student’s status by the board’s designee at intervals not to exceed 120 days. At the review, the student or the student’s parent or guardian must be given the opportunity to present arguments for the student’s return to the regular classroom or campus. The student may not be returned to the classroom of the teacher who removed the student without that teacher’s consent. The teacher may not be coerced to consent.
III. EXPULSION HEARINGS AND APPEALS
Expulsion Hearings: Before a student may be expelled, the board or the board’s designee must provide the student a hearing at which the student is afforded appropriate due process as required by the federal constitution and which the student’s parent or guardian is invited, in writing, to attend. The board has designated the superintendent to conduct the hearing and make a decision under this section.
At the hearing, the student must be represented by the student’s parent or guardian or another adult who can provide guidance to the student and who is not an employee of the school district.
Pending the hearing, unless the student is removed under the EMERGENCY PLACEMENT OR EXPULSION provisions below, the student may be suspended for up to three days or removed to an AEP placement or some alternative arrangement.
Expulsion Appeals: If the decision to expel a student is made by the board’s designee, the decision may be appealed to the board. The decision of the board may be appealed by trial de novo to a district court of the county in which the school district’s central administrative office is located.
Parent To Receive Written Notice of Student’s Expulsion: The board or the board’s designee shall deliver to the student and the student’s parent or guardian a copy of the order placing the student in an alternative education program expelling the student. After a school district notifies the parents or guardians of a student that the student has been expelled, the parent or guardian shall provide adequate supervision of the student during the period of expulsion.
COURT INVOLVEMENT
Notice To Juvenile Court of Expulsion and Certain Types of DAEP Hearings: Not later than the second business day after the date a hearing is held under the above “HEARINGS” section, the District’s Board of Trustees, or its designee, shall deliver a copy of the order placing a student in a disciplinary alternative education program or expelling a student and any information required under Section 52.04, Family Code, to the authorized officer of the juvenile court in the county in which the student resides, for appropriate review or juvenile court action as authorized by law.
Placement of Student Pending Court Disposition: If a student is expelled, on the recommendation of the campus Placement Review Committee or on the District’s own initiative, the District may re-admit the student while the student is completing any court disposition requirements the court imposes. After the student has successfully completed any court disposition requirements the court imposes, if the student meets the requirements for admission into the public schools established by law, the District may not refuse to admit the student, but the District may place the student in the alternative education program. Notwithstanding any provision to the contrary relating to Placement Review Committee decision-making authority, in this instance the student may not be returned to the classroom of the teacher under whose supervision the offense occurred without that teacher’s consent. The teacher may not be coerced to consent.
Expulsion Orders Provided To Receiving School Districts: If the District has expelled a student, and the expelled student enrolls in another school district, the District shall provide to the other school district in which the student enrolls, at the same time other records of the student are provided, a copy of the expulsion order and the referral to the authorized officer of the juvenile court.
COURT-RELATED CHILDREN-LIAISON OFFICERS
Liaison Officer. The District shall appoint at least one educator to act as liaison officer for court-related children who are enrolled in the district. The liaison officer shall provide counseling and services for each court-related child and the child’s parents to establish or reestablish normal attendance and progress of the child in the school. The District’s appointed liaison is Cindy Davis.
REPORTS TO LOCAL LAW ENFORCEMENT
Notification To Law Enforcement Authorities: The District’s principals, or a person designated by the principal, shall notify any school district police department and the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if the principal has reasonable grounds to believe that any of the following activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers:
(1) conduct that may constitute an offense listed under Section 8(c), Article 42.18, and Code of Criminal Procedure;
(2) deadly conduct under Section 22.05, Penal Code;
(3) a terrorist threat under Section 22.07, Penal Code;
(4) the use, sale, or possession of a controlled substance, drug paraphernalia, or marijuana under Chapter 481, Health and Safety Code;
(5) the possession of any of the weapons or devices listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal Code; or
(6) conduct that may constitute a criminal offense under Section 71.02, Penal Code.
Form of Notice Required: The District’s principals or designee who makes a notification under this section shall include the name and address of each student the person believes may have participated in the activity.
A notification is not required if the District’s principals or designee reasonably believes that the activity does not constitute a criminal offense. The principal may designate a school employee who is under the supervision of the principal to make the reports.
Additional Notice To Employees: The person who makes the notification required under Subsection (a) shall also notify each instructional or support employee of the school who has regular contact with a student whose conduct is the subject of the notice.
DESTRUCTION OF CERTAIN RECORDS FROM LAW ENFORCEMENTS OFFICERS
Information received by the District from law enforcement authorities under Article 15.27, Code of Criminal Procedure, may not be attached to the permanent academic file of the student who is the subject of the report. The District shall destroy the information at the end of the school year in which the report was filed.
7. DISCIPLANARY ALTERNATIVE EDUCATION PROGRAMS
AEP Requirements: The District shall provide an alternative education program that:
(1) is provided in a setting other than a student’s regular classroom;
(2) is located on or off of a regular school campus;
(3 provides for the students who are assigned to the alternative education program to be separated from students who are not assigned to the program;
(4) focuses on English language arts, mathematics, science, history, and self-discipline;
(5) provides for students’ educational and behavioral needs; and
(6) provides supervision and counseling.
In-school suspension: A special room has been designated as the in-school suspension room where a teacher or principal is on duty. In this setting, the student receives assignments/instruction in each course to the extent possible, with little or no opportunities for social interaction with peers. Supervised breaks for restroom and water privileges are provided morning and afternoon, and lunch is brought in to students. The object of the program is to discourage misbehavior. The minimum stay shall be one-half of a school day; maximum, not to exceed the end of the semester. Lack of cooperation by the student may increase the length of the stay.
Reassignment to Classes: A student may be reassigned to a different class if necessary. The reassignment will be the same course of study providing either a different instructor or a different peer group. The purpose of this type of removal is to provide the student with a different educational surrounding to prevent a potentially dangerous or explosive situation. Reassignment may result in placement at alternative school.
Home-Based Instruction: In severe situations, a pupil may be given his/her assignments to complete at home, under the supervision of the district’s diagnostician and an assigned teacher. The student shall receive an excused absence for this removal and reasonable opportunities to complete assignments, including the use of school resources if it is impossible to complete assignments without them.
Home-based assignments shall not exceed six consecutive school days in any one semester, except when provided during an expulsion or pending an expulsion hearing.
Each handicapped student’s IEP shall indicate which of these programs can appropriately be used. If none of these options are appropriate, the IEP shall specify what disciplinary measures can be used for offenses that would normally warrant as assignment to an alternative education program.
Student Assignment Options: The District’s alternative education program, in its discretion, may provide for a student’s transfer to:
(1) a different campus;
(2) a school-community guidance center; or
(3) a community-based alternative school.
An off-campus alternative education program is not subject to a requirement imposed by this title, other than a limitation on liability, a reporting requirement, or a requirement imposed by this chapter or by Chapter 39. Additionally, in its discretion, the District may provide an alternative education program jointly with one or more other districts.
Cooperation With Governmental Agencies: The District shall cooperate with government agencies and community organizations that provide services in the district to students placed in an alternative education program.
ADA Accounting: A student removed to an alternative education program is counted in computing the average daily attendance of students in the district for the student’s time in actual attendance in the program.
Funding Of DAEP: The District shall allocate to an alternative education program the same expenditure per student attending the alternative education program, including federal, state, and local funds that would be allocated to the student’s school if the student were attending the student’s regularly assigned education program including a special education program.
Limitation on Unsupervised Discipline Placements: The District may not place a student, other than a student SUSPENDED or EXPELLED, as provided above, in an unsupervised setting as a result of conduct for which a student may be placed in an alternative education program.
Assistance of ESC on Request: On request of the District, its regional education service center may provide it with information on developing an alternative education program that takes into consideration the District’s size, wealth, and existing facilities in determining the program best suited to the District.
Notification To Receiving Districts Of A Student’s DAEP Removal: If a student placed in an disciplinary alternative education program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The district in which the student enrolls may continue the disciplinary alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.
Discretionary Education/Support Services: In the District’s discretion, and subject to such services being approved, funded, or available, a program of educational and support services may be provided to a student and the student’s parents when the offense involves drugs or alcohol as specified under the REMOVAL or EXPULSION sections above.
JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM (Less Populated Counties)
Juvenile Justice Alternative Education Program for Counties with Less Than 125,000 Population: The juvenile board of a county with a population of 125,000 or less may develop a juvenile justice alternative education program. A juvenile justice alternative education program in a county with a population of 125,000 or less is not required to be approved by the Texas Juvenile Probation Commission. If a student is found to have engaged in conduct described by Section 37.007 and the student is found by a juvenile court to have engaged in delinquent conduct under Title 3, Family Code, the juvenile court shall:
(1) require the juvenile justice alternative education program in the county, if any, in which the conduct occurred to provide educational services to the student; and
(2) order the student to attend the program from the date of adjudication.
A juvenile justice disciplinary alternative education program may be provided in a facility owned by a school district. A school district may provide personnel and services for a juvenile justice disciplinary alternative education program under a contract with the juvenile board.
For purposes of accountability under Chapter 39 and the Foundation School Program, a student enrolled in a juvenile justice disciplinary alternative education program is reported as if the student were enrolled at the student’s assigned campus in the student’s regularly assigned education program, including a special education program.
A student transferred to a juvenile justice disciplinary alternative education program must participate in the program for the full period ordered by the juvenile court unless the student’s school district agrees to accept the student before the date ordered by the juvenile court. The juvenile court may not order a period of transfer under this section that exceeds the term of any probation ordered by the juvenile court. A student who engages in expellable conduct before the date on which a juvenile justice disciplinary alternative education program for the county in which the student resides begins operation shall be expelled for a period not to exceed one year.
JUVENILE JUSTICE DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM (High Population Counties)
Juvenile Justice Disciplinary Alternative Education Program For Counties With Populations Greater Than 125,000: The juvenile board of a county with a population greater than 125,000 shall develop a juvenile justice disciplinary alternative education program, subject to the approval of the Texas Juvenile Probation Commission.
If a student is found to have engaged in conduct described by Section 37.007 and the student is found by a juvenile court to have engaged in delinquent conduct under Title 3, Family Code, the juvenile court shall:
(1) require the juvenile justice disciplinary alternative education program in the county in which the conduct occurred to provide educational services to the student; and
(2) order the student to attend the program from the date of adjudication.
A juvenile justice disciplinary alternative education program shall adopt a student code of conduct in accordance with Section 37.001.
A juvenile justice disciplinary alternative education program must focus on English language arts, mathematics, science, history, and self-discipline. Each program shall administer assessment instruments under Subchapter B, Chapter 39, and shall offer a high school equivalency program.
A juvenile justice disciplinary alternative education program may be provided in a facility owned by a school district. A school district may provide personnel and services for a juvenile justice disciplinary alternative education program under a contract with the juvenile board.
A juvenile justice alternative education program must operate at least:
(1) seven hours per day; and
(2) 180 days per year.
A juvenile justice disciplinary alternative education program shall be subject to a written operating policy developed by the local juvenile justice board and submitted to the Texas Juvenile Probation Commission for review and comment. A juvenile justice disciplinary alternative education program is not subject to a requirement imposed by this title, other than a reporting requirement or a requirement imposed by this chapter or by Chapter 39.
For purposes of accountability under Chapter 39 and the Foundation School Program, a student enrolled in a juvenile justice disciplinary alternative education program is reported as if the student were enrolled at the student’s assigned campus in the student’s regularly assigned education program, including a special education program.
A student transferred to a juvenile justice disciplinary alternative education program must participate in the program for the full period ordered by the juvenile court unless the student’s school district agrees to accept the student before the date ordered by the juvenile court. The juvenile court may not order a period of transfer under this section that exceeds the term of any probation ordered by the juvenile court.
A juvenile board in a county with a population greater than 125,000 shall establish a juvenile justice alternative education program not later than September 1, 1996. A student who engages in conduct described by Section 37.007 before the date on which a juvenile justice disciplinary alternative education program for the county in which the student resides begins operation shall be expelled for a period not to exceed one year.
FUNDING OF JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS
Transfer Of Funds: The school district in which a student is enrolled on the date a juvenile court orders the student to attend a juvenile justice disciplinary alternative education program shall transfer to the juvenile board in charge of the juvenile justice disciplinary alternative education program for the portion of the school year for which the juvenile justice disciplinary alternative education program provides educational services funds equal to the district’s average per student expenditure in alternative education programs.
Designated Expenditures: Funds received under this section must be expended on juvenile justice disciplinary alternative education programs.
Assistance In Identifying Funds: The Office of State-Federal Relations shall assist a local juvenile probation department in identifying additional state or federal funds to assist local juvenile probation departments conducting educational or job training programs within juvenile justice disciplinary alternative education programs.
COORDINATION BETWEEN SCHOOL DISTRICTS AND JUVENILE BOARDS
The District’s board of trustees or its designee shall at the call of the president of the board of trustees regularly meet with the juvenile board for the county in which the district’s central administrative office is located or the juvenile board’s designee concerning supervision and rehabilitative services appropriate for expelled students and students assigned to disciplinary alternative education programs. Matters for discussion shall include service by probation officers at the disciplinary alternative education program site, recruitment of volunteers to serve as mentors and provide tutoring services, and coordination with other social service agencies.
8. MISCELLANEOUS
INTERROGATIONS AND SEARCHES
School officials may search a student or a student’s property with reasonable or probable cause or the student’s free and voluntary consent. However, consent obtained through threat of contacting the police authorities is not considered to be freely and voluntarily given. Vehicles on school property are also subject to search.
Areas such as lockers, which are owned and jointly controlled by the district, may be searched if reasonable cause exists to believe that contraband is inside the locker. Students shall not place, keep, or maintain any article or material in school-owned lockers that is forbidden by district policy or that would lead school officials to reasonably believe that it would cause a substantial disruption on school property or at a school-sponsored function.
Searches of student’s outer clothing and pockets may be conducted if reasonable cause exists. Highly intrusive invasions of a student’s privacy, such as searches of the student’s person, shall be conducted only if probable cause exists to believe that the student possesses contraband.
Administrators and teachers have the right to question students regarding their conduct or the conduct of others.
QUESTIONING/ARREST OF STUDENTS [GLA]
The following guidelines apply when law enforcement officers or other lawful authorities desire to question or interview a student at school:
1. The principal shall verify and record the identity of the officer or other lawful authority and request an explanation of the need to question or interview the student at school.
2. Unless the interviewer objects, the principal ordinarily shall make reasonable efforts to notify the student’s parents or other person having lawful control of the student.
3. Unless the interviewer objects, the principal or designee shall be present during the questioning or interview.
STUDENTS TAKEN INTO CUSTODY BY LAW ENFORCEMENT OFFICER
Before a student at school is arrested or taken into custody by a law enforcement officer or other legally authorized person, the principal shall verify the official’s identity and to the best of his or her ability, verify the official’s authority to take custody of the student, and then shall deliver over the student. The principal shall immediately notify the superintendent and, unless the officer or other authorized person objects, shall notify the parent or other person having lawful control of the student.
PHYSICAL RESTRAINT
Any district employee may, within the scope of the employee’s duties, use and apply physical restraint to a student that the employee reasonably believes is necessary in order to:
1. Protect a person, including the person using physical restraint, from physical injury.
2. Obtain possession of a weapon or other dangerous object.
3. Protect property from serious damage.
4. Remove from a specific location a student refusing a lawful command of a school employee, including from a classroom or other school property, in order to restore order or impose disciplinary measures.
5. Restrain an irrational student.
Corporal Punishment: Corporal punishment is permitted in order to preserve an effective educational environment, free from disruption. Corporal punishment shall be reasonable and moderate and may not be administered maliciously or for the purpose of revenge. Such factors as the size, age, and physical, mental, and emotional condition of the student; the type of instrument to be used; the amount of force to be used; and the part of the body to be struck shall be considered before administering any corporal punishment.
A disciplinary record shall be maintained and shall contain the name of the student, the type of misconduct, any previous disciplinary action, the type corporal punishment administered, the name of the person administering the punishment, the names of witnesses present, and the date and time of punishment. Disciplinary records shall be made available to parents or the student, whichever is appropriate.
Corporal punishment shall be limited to spanking or paddling and shall be administered only in accordance with the following guidelines:
1. The student will be told of the reason corporal punishment is being administered.
2. Corporal punishment may be administered by the school principal, assistant principal, or a teacher.
3. The instrument to be used in administering corporal punishment shall be approved by the principal or designee.
4. When corporal punishment is administered, it shall be done in the presence of one other district professional employee and shall take place in a designated place out of view of other students.
DETENTION
For minor infractions of the code of conduct or other policies and regulations, teachers may detain students after school hours. Before assigning a student to detention, the teacher shall inform the student of the conduct that allegedly constitutes the violation, and the student shall be given an opportunity to explain his version of the incident.
When detention is used, notice shall first be given to the student, who in turn will give notice to the student’s parent or legal guardian to inform the parent of the reason for the detention and permit arrangements for the necessary transportation of the student. Except in the case of a student who is eighteen or older, the detention shall not begin until the parent has been notified. The student’s parent or guardian, if the student is a minor, may be required to provide transportation when the student has been assigned to detention.
All students detained for disciplinary purposes shall be under the direct supervision of the teacher or another member of the professional staff. The principal shall be responsible for seeing that the time that the student spends for disciplinary purposes is used constructively for educational purposes.