General Conduct Violations

The categories of conduct below are prohibited at scho= ol and all school-related activities, but the list does not include the most serio= us offenses. In the subsequent sections on Out-of-School Suspension, DAEP Placement, Placement and/or Expulsion for Certain Serious Offenses, and Expulsion, severe offenses that require or permit specific consequences are listed. Any offense, however,= may be serious enough to result in Removal from the Regular Educational Setting= as detailed in that section.

Students shall not:

Disregard for Authority

· Fail to comply with directives given by scho= ol personnel (insubordination).

· Leave school grounds or school-sponsored eve= nts without permission.

· Disobey rules for conduct on school buses.

· Refuse to accept discipline management techniques assigned by a teacher or principal.

Mistreatment of Others

· Use profanity or vulgar language or make obs= cene gestures.

· Fight or scuffle. (For assault see DAEP Placement and Expulsion.)

· Threaten a district student, employee, or volunteer, including off school property, if the conduct causes a substanti= al disruption to the educational environment.

· Engage in bullying, harassment, or making hi= t lists. (See glossary for all three terms.)

· Engage in conduct that constitutes sexual harassment or sexual abuse, whether by word, gesture, or any other conduct, directed toward another person, including a district student, employee, or volunteer.

· Engage in conduct that constitutes dating violence, including the intentional use of physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control another person wi= th whom the student has or has had a dating relationship.

· Engage in inappropriate or indecent exposure= of private body parts.

· Participate in hazing. (See glossary.)

· Cause an individual to act through the use o= f or threat of force (coercion).

· Commit extortion or blackmail (obtaining mon= ey or an object of value from an unwilling person).

· Engage in inappropriate verbal, physical, or sexual conduct directed toward another person, including a district student, employee, or volunteer.

· Record the voice or image of another without= the prior consent of the individuals being recorded or in any way that disrupts= the educational environment or invades the privacy of others.

Property Offenses

· Damage or vandalize property owned by others. (For felony criminal mischief, see DAEP Placement or Expulsion.)

· Deface or damage school property—inclu= ding textbooks, lockers, furniture, and other equipment—with graffiti or by other means.

· Steal from students, staff, or the school.

· Commit or assist in a robbery or theft even = if it does not constitute a felony according to the Texas Penal Code. (For felony robbery and theft see = DAEP Placement and Expulsion.)

Possession of Prohibited Items

· Possess or use:

· fireworks of any kind, smoke or stink bombs,= or any other pyrotechnic device;

· a razor, box cutter, chain, or any other obj= ect used in a way that threatens or inflicts bodily injury to another person;

· a “look-alike” weapon;

· an air gun or BB gun;

· ammunition;

· a stun gun;

· a pocketknife or any other small knife;

· mace or pepper spray;

· pornographic material;

· tobacco products;

· matches or a lighter;

· a laser pointer for other than an approved u= se; or

· any articles not generally considered to be weapons, including school supplies, when the principal or designee determin= es that a danger exists. (For we= apons and firearms see DAEP Placement and Expulsion.)

Illegal, Prescription, and Over-the-Counter D= rugs

· Possess or sell seeds or pieces of marijuana= in less than a usable amount. (F= or illegal drugs, alcohol, and inhalants see DAEP Placement and Expulsion.)

· Possess, use, give, or sell paraphernalia related to any prohibited substance. (See glossary for “paraphernalia.”)

· Possess or sell look-alike drugs or attempt = to pass items off as drugs or contraband.

· Abuse the student’s own prescription d= rug, give a prescription drug to another student, or possess or be under the influence of another person’s prescription drug on school property or= at a school-related event. (See glossary for “abuse.”)

· Abuse over-the-counter drugs. (See glossary for “abuse.= 221;)

· Be under the influence of prescription or over-the-counter drugs that cause impairment of the physical or mental faculties. (See glossary for “under the influence.”)

· Have or take prescription drugs or over-the-counter drugs at school other than as provided by district policy.=

Misuse of Computers and the Internet

· Violate computer use policies, rules, or agreements signed by the student or the student’s parent.

· Attempt to access or circumvent passwords or other security-related information of the district, students, or employees = or upload or create computer viruses, including off school property if the con= duct causes a substantial disruption to the educational environment.

· Attempt to alter, destroy, or disable distri= ct computer equipment, district data, the data of others, or other networks connected to the district’s system, including off school property if = the conduct causes a substantial disruption to the educational environment.

· Use the Internet or other electronic communications to threaten district students, employees, or volunteers, including off school property if the conduct causes a substantial disruptio= n to the educational environment.

· Send or post electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal, including off school property if the conduct causes a substantial disruption to the educational environment.

· Use e-mail or Web sites at school to encoura= ge illegal behavior or threaten school safety.

Safety Transgressions

· Possess published or electronic material tha= t is designed to promote or encourage illegal behavior or that could threaten sc= hool safety.

· Engage in verbal (oral or written) exchanges that threaten the safety of another student, a school employee, or school property.

· Make false accusations or perpetrate hoaxes regarding school safety.

· Engage in any conduct that school officials might reasonably believe will substantially disrupt the school program or incite violence.

· Throw objects that can cause bodily injury or property damage.

· Discharge a fire extinguisher without valid cause.

Miscellaneous Offenses

· Violate dress and grooming standards as communicated in the student handbook.

· Cheat or copy the work of another.

· Gamble.

· Falsify records, passes, or other school-rel= ated documents.

· Engage in actions or demonstrations that substantially disrupt or materially interfere with school activities.

· Repeatedly violate other communicated campus= or classroom standards of conduct.

The district may impose campus or classroom rules in addition to those found in the Code. These rules may be posted in classrooms or given to the student and = may or may not constitute violations of the Code.

Discipline Management Techniques

Discipline will be designed to improve conduct and to encourage students to adhere to their responsibilities as members of the sc= hool community. Disciplinary actio= n will draw on the professional judgment of teachers and administrators and on a r= ange of discipline management techniques. Discipline will be correlated to the seriousness of the offense, the student’s age and grade level, the frequency of misbehavior, the student’s attitude, the effect of the misconduct on the school environment, and statutory requirements.

Because of these factors, discipline for a particular offense, unless otherwise specified by law, may bring into consideration varying techniques and responses.

Students with Disabilities

The discipline of students with disabilities is subjec= t to applicable state and federal law in addition to the Student Code of Conduct. To the extent any co= nflict exists, state and/or federal law will prevail.

In accordance with the Education Code, a student who is enrolled in a special education program may not be disciplined for conduct meeting the definition of bullying, harassment, or making hit lists (see glossary) until an ARD committee meeting has been held to review the conduc= t.

In deciding whether to order suspension, DAEP placemen= t, or expulsion, regardless of whether the action is mandatory or discretionary, = the district will take into consideration a disability that substantially impai= rs the student’s capacity to appreciate the wrongfulness of the student’s conduct.

Techniques

The following discipline management techniques may be used—alone or in combination—for behavior prohibited by the Stu= dent Code of Conduct or by campus or classroom rules:

· Verbal correction, oral or written.

· Cooling-off time or “time-out.”<= /p>

· Seating changes within the classroom.

· Temporary confiscation of items that disrupt= the educational process.

· Rewards or demerits.

· Behavioral contracts.

· Counseling by teachers, counselors, or administrative personnel.

· Parent-teacher conferences.

· Grade reductions for cheating, plagiarism, a= nd as otherwise permitted by policy.

· Detention.

· Sending the student to the office or other assigned area, or to in-school suspension.

· Assignment of school duties such as cleaning= or picking up litter.

· Withdrawal of privileges, such as participat= ion in extracurricular activities, eligibility for seeking and holding honorary offices, or membership in school-sponsored clubs and organizations.

· Penalties identified in individual student organizations’ extracurricular standards of behavior.

· Withdrawal or restriction of bus privileges.=

· School-assessed and school-administered probation.

· Corporal punishment.

· Out-of-school suspension, as specified in th= e Out-of-School Suspension section of this Code.

· Placement in a DAEP, as specified in the DAEP section of this Code.

· Placement and/or expulsion in an alternative educational setting, as specified in the Placement and/or Expulsion for Cer= tain Serious Offenses section of this Code.

· Expulsion, as specified in the Expulsion sec= tion of this Code.

· Referral to an outside agency or legal autho= rity for criminal prosecution in addition to disciplinary measures imposed by the district.

· Other strategies and consequences as determi= ned by school officials.

Notification

The principal or appropriate administrator will notify= a student’s parent by phone or in writing of any violation that may res= ult in an out-of-school suspension, placement in a DAEP, or expulsion. Notifica= tion will be made within three school days after the administrator becomes aware= of the violation.

Appeals

Parental questions or complaints regarding disciplinary measures should be addressed to the teacher or campus administration, as appropriate, and in accordance with policy FNG(LOCAL). A copy of the policy may be obtain= ed from the principal’s office or the central administration office or through Policy On-Line at the following address: www.bartlett.txed.net.

Consequences will not be deferred pending the outcome = of a grievance.

Disciplinary Alternative Education Program (D= AEP) Placement

The DAEP shall be provided in a setting other than the student’s regular classroom. An elementary school student may not be placed in a DAEP with a stud= ent who is not an elementary school student.

For purposes of DAEP, elementary classification shall = be kindergarten–grade 5 and secondary classification shall be grades 6–12.

Summer programs provided by the district shall serve students assigned to a DAEP in conjunction with other students.

A student who is expelled for an offense that otherwise would have resulted in a DAEP placement does not have to be placed in a DAE= P in addition to the expulsion.

In deciding whether to place a student in a DAEP, rega= rdless of whether the action is mandatory or discretionary, the district will take into consideration:

1.&n= bsp; Self-defense (see glossary),

2. Intent or lack of intent at the time the student engaged in the conduct, and

3. The student’s disciplinary history.

Discretionary Placement: Misconduct That May = Result in DAEP Placement

A student may = be placed in a DAEP for behaviors prohibited in the General Conduct Violations section of this Code.

Misconduct Identified in State Law

In accordance with state law, a student may be placed in a DAEP for any one of the following offenses:<= /p>

· Involvement in a public school fraternity, sorority, or secret society, including participating as a member or pledge,= or soliciting another person to become a pledge or member of a public school f= raternity, sorority, secret society, or gang. (See glossary.)

· Involvement in criminal street gang activity. (See glossary.)

· Any criminal mischief, including a felony. <= /p>

In accordance with state law, a student may be placed in a DAEP if the superintendent or the superintendent’s designee has reasonable belief (see glossary) that t= he student has engaged in conduct punishable as a felony, other than those lis= ted as offenses involving injury to a person in Title 5 (see glossary) of the T= exas Penal Code, that occurs off school property and not at a school-sponsored or school-related event, if the student’s presence in the regular classr= oom threatens the safety of other students or teachers or will be detrimental to the educational process.

The appropriate administrator may, but is not required to, place a student in a DAEP for off-campus conduct for which DAEP placement is required by state law if the administrator does not have knowledge of the conduct before the first anniversary of the date the conduct occurred.

Mandatory Placement: Misconduct That Requires= DAEP Placement

A student mus= t be placed in a DAEP if the student:

· Engages in conduct relating to a false alarm= or report (including a bomb threat) or a terroristic threat involving a public school. (See glossary.)

· Commits the following offenses on school property or within 300 feet of school property as measured from any point on the school’s real property boundary line, or while attending a school-sponsored or school-related activity on or off school property:

· Engages in conduct punishable as a felony.

· Commits an assault (see glossary) under Texas Penal Code 22.01(a)(1).

· Sells, gives, or delivers to another person,= or possesses, uses, or is under the influence of marijuana, a controlled substance, or a dangerous drug in an amount not constituting a felony offense. (School-related felo= ny drug offenses are addressed in the Expulsion section.) (See glossary for “under the influence.”)

· Sells, gives, or delivers to another person = an alcoholic beverage; commits a serious act or offense while under the influe= nce of alcohol; or possesses, uses, or is under the influence of alcohol, if the conduct is not punishable as a felony offense. (School-related felony alcohol off= enses are addressed in the Expulsion section.)

· Behaves in a manner that contains the elemen= ts of an offense relating to abusable volatile chemicals.

· Behaves in a manner that contains the elemen= ts of the offense of public lewdness or indecent exposure.

· Engages in expellable conduct and is between= six and nine years of age.

· Commits a federal firearms violation and is younger than six years of age.

· Engages in conduct that contains the element= s of the offense of retaliation against any school employee or volunteer on or o= ff school property. (Committing = retaliation in combination with another expellable offense is addressed in the Expulsion section of this Code.)

· Engages in conduct punishable as a felony li= sted under Title 5 (see glossary) of the Texas Penal Code when the conduct occurs off school property and not at a school-sponsored or school-related event a= nd:

1= . The student receives deferred prosecution (see glossary),

2.&n= bsp; A court or jury finds that the student has engaged = in delinquent conduct (see glossary), or

3.&n= bsp; The superintendent or designee has a reasonable bel= ief (see glossary) that the student engaged in the conduct.

Sexual Assault and Campus Assignments

If a student has been convicted of continuous sexual a= buse of a young child or children or convicted of or placed on deferred adjudica= tion for sexual assault or aggravated sexual assault against another student on = the same campus, and if the victim's parent or another person with the authorit= y to act on behalf of the victim requests that the board transfer the offending student to another campus, the offending student shall be transferred to another campus in the district. If there is no other campus in the district serving the grade level of the offending student, the offending student will be transferred to a DAEP.

Emergencies

In an emergency, the principal or the principal’s designee may order the immediate placement of a student in a DAEP for any reason for which placement in a DAEP may be made on a nonemergency basis.

Process

Removals to a DAEP will be made by the district hearing officer.

Conference

When a student is removed from class for a DAEP offens= e, the appropriate administrator will schedule a conference within three school da= ys with the student’s parent, the student, and the teacher, in the case = of a teacher removal.

At the conference, the appropriate administrator will = inform the student, orally or in writing, of the reasons for the removal and will = give the student an explanation of the basis for the removal and an opportunity = to respond to the reasons for the removal.

Following valid attempts to require attendance, the di= strict may hold the conference and make a placement decision regardless of whether= the student or the student’s parents attend the conference.

Placement Order

After the conference, if the student is placed in the = DAEP, the appropriate administrator will write a placement order. A copy of the D= AEP placement order will be sent to the student and the student’s parent.=

Not later than the second business day after the confe= rence, the board’s designee will deliver to the juvenile court a copy of the placement order and all information required by Section 52.04 of the Family Code.

If the student is placed in the DAEP and the length of placement is inconsistent with the guidelines included in this Code, the placement order will give notice of the inconsistency.

Length of Placement

The duration of a student’s placement in a DAEP = will be determined by the district hearing officer.

The duration of a student’s placement will be determined on a case-by-case basis. DAEP placement will be correlated to the seriousness of the offense,= the student’s age and grade level, the frequency of misconduct, the student’s attitude, and statutory requirements.

The maximum period of DAEP placement shall be one cale= ndar year except as provided below.

Exceeds One Year

Placement in a DAEP may exceed one year when a review = by the district determines that:

1.&n= bsp; The student is a threat to the safety of other stud= ents or to district employees, or

2. Extended placement is in the best interest of the student.

The statutory limitations on the length of a DAEP plac= ement do not apply to a placement resulting from the board’s decision to pl= ace a student who engaged in the sexual assault of another student so that the students are not assigned to the same campus.

Exceeds School Year

Students who commit offenses requiring placement in a = DAEP at the end of one school year may be required to continue that placement at= the start of the next school year to complete the assigned term of placement.

For placement in a DAEP to extend beyond the end of the school year, the district hearing officer must determine that:

1.&n= bsp; The student’s presence in the regular classro= om or campus presents a danger of physical harm to the student or others, or

2. The student has engaged in serious or persistent misbehavior (see glossary) that violates the district’s Code.

Exceeds 60 Days

For placement in a DAEP to extend beyond 60 days or th= e end of the next grading period, whichever is sooner, a student’s parent w= ill be given notice and the opportunity to participate in a proceeding before t= he board or the board’s designee.

Appeals

Questions from parents regarding disciplinary measures should be addressed to the campus administration. Appeals regarding the decision to = place a student in a DAEP should be addressed to the school superintendent in accordance with policy FOC(LEGAL). All other appeals regarding a placement in a DAEP should be addresse= d in accordance with policy FNG(LOCAL). A copy of this policy may be obtained from the principal’s off= ice or the central administration office or through Policy On Line at the follo= wing address: www.bartlett.txed.net.

Disciplinary consequences will not be deferred pending= the outcome of an appeal. The decision to place a student in a DAEP cannot be appealed beyond the board.

Restrictions during Placement

The district does not permit a student who is placed i= n a DAEP to participate in any school-sponsored or school-related extracurricul= ar or cocurricular activity, including seeking or holding honorary positions and/or membership in school-sponsored clubs and organizations.

A student placed in a DAEP will not be provided transportation unless he or she is a student with a disability who has transportation designated as a related service in the student’s IEP.<= /p>

For seniors who are eligible to graduate and are assig= ned to a DAEP at the time of graduation, the placement in the program will continue through graduation, and the student will not be allowed to participate in t= he graduation ceremony and related graduation activities.

Placement Review

A student placed in a DAEP will be provided a review o= f his or her status, including academic status, by the school district at interva= ls not to exceed 120 days. In th= e case of a high school student, the student’s progress toward graduation and the student’s graduation plan will also be reviewed. At the review, the student or the student’s parent will be given the opportunity to present arguments f= or the student’s return to the regular classroom or campus. The student may not be returned to= the classroom of a teacher who removed the student without that teacher’s consent.

Additional Misconduct

If during the term of placement in a DAEP the student engages in additional conduct for which placement in a DAEP or expulsion is required or permitted, additional proceedings may be conducted, and the appropriate administrator may enter an additional disciplinary order as a result of those proceedings.

Notice of Criminal Proceedings

The office of the prosecuting attorney will notify the district if a student was placed in a DAEP for certain offenses including a= ny felony, unlawful restraint, indecent exposure, assault, deadly conduct, terroristic threats, organized crime, certain drug offenses, or possession = of a weapon, and:

1.&n= bsp; Prosecution of a student’s case was refused f= or lack of prosecutorial merit or insufficient evidence and no formal proceedi= ngs, deferred adjudication (see glossary), or deferred prosecution will be initiated; or

2. The court or jury found a student not guilty, or made a finding that the student did not engage in delinquent conduct or conduct indicating a need for supervision, and the case was dismissed with prejudice.

If a student was placed in a DAEP for such conduct, on receiving the notice from the prosecutor, the superintendent or designee wi= ll review the student’s placement and schedule a review with the student’s parent not later than the third day after the superintenden= t or designee receives notice from the prosecutor. The student may not be returned to= the regular classroom pending the review.

After reviewing the notice and receiving information f= rom the student’s parent, the superintendent or designee may continue the student’s placement if there is reason to believe that the presence of the student in the regular classroom threatens the safety of other students= or teachers.

The student or the student’s parent may appeal t= he superintendent’s decision to the board. The student may not be returned to= the regular classroom pending the appeal. In the case of an appeal, the board will, at the next scheduled meet= ing, review the notice from the prosecutor and receive information from the stud= ent, the student’s parent, and the superintendent or designee, and confirm= or reverse the decision of the superintendent or designee. The board will make a record of the proceedings.

If the board confirms the decision of the superintende= nt or designee, the student and the student’s parent may appeal to the Commissioner of Education. The student may not be returned to the regular classroom pending the appeal.

Withdrawal during Process

When a student violates the district’s Code in a= way that requires or permits the student to be placed in a DAEP and the student withdraws from the district before a placement order is completed, the dist= rict may complete the proceedings and issue a placement order. If the student then reenrolls in t= he district during the same or a subsequent school year, the district may enfo= rce the order at that time, less any period of the placement that has been serv= ed by the student during enrollment in another district. If the appropriate administrator o= r the board fails to issue a placement order after the student withdraws, the next district in which the student enrolls may complete the proceedings and issu= e a placement order.

Newly Enrolled Students

The district will decide on a case-by-case basis wheth= er to continue the placement of a student who enrolls in the district and was assigned to a DAEP in an open-enrollment charter school or another district. The district may pl= ace the student in the district’s DAEP or a regular classroom setting.

A newly enrolled student with a DAEP placement from a district in another state will be placed as any other newly enrolled studen= t if the behavior committed is a reason for DAEP placement in the receiving district.

If the student was placed in a DAEP by a school distri= ct in another state for a period that exceeds one year, this district, by state l= aw, will reduce the period of the placement so that the total placement does not exceed one year. After a revi= ew, however, the placement may be extended beyond a year if the district determ= ines that the student is a threat to the safety of other students or employees or the extended placement is in the best interest of the student.

Emergency Placement Procedure

When an emergency placement occurs, the student will be given oral notice of the reason for the action. Not later than the tenth day after= the date of the placement, the student will be given the appropriate conference required for assignment to a DAEP.

Placement and/or Expulsion for Certain Serious Offenses

This section includes two categories of serious offens= es for which the Education Code provides unique procedures and specific consequenc= es.

Registered Sex Offenders

Upon receiving notification in accordance with state l= aw that a student is currently required to register as a sex offender, the administration must remove the student from the regular classroom and deter= mine appropriate placement unless the court orders JJAEP placement.

If the student is under any form of court supervision, including probation, community supervision, or parole, the placement will b= e in either DAEP or JJAEP for at least one semester.

If the student is not under any form of court supervis= ion, the placement may be in DAEP or JJAEP for one semester or the placement may= be in a regular classroom. The placement may not be in the regular classroom if the board or its designee determines that the student’s presence:

1.&n= bsp; Threatens the safety of other students or teachers,=

2. Will be detrimental to the educational process, or

3. Is not in the best interests of the district’s students.

Review Committee

At the end of the first semester of a student’s placement in an alternative educational setting and before the beginning of each school year for which the student remains in an alternative placement,= the district shall convene a committee, in accordance with state law, to review= the student’s placement. The committee will recommend whether the student should return to the regular classroom or remain in the placement. Absent a special finding, the board or its designee must follow the committee’s recommendation.

The placement review of a student with a disability who receives special education services must be made by the ARD committee.

Newly Enrolled Student

If a student enrolls in the district during a mandatory placement as a registered sex offender, the district may count any time alr= eady spent by the student in a placement or may require an additional semester i= n an alternative placement without conducting a review of the placement.

Appeal

A student or the student’s parent may appeal the placement by requesting a conference between the board or its designee, the student, and the student’s parent.&n= bsp; The conference is limited to the factual question of whether the stu= dent is required to register as a sex offender.= Any decision of the board or its designee under this section is final and may not be appealed.

Certain Felonies

Regardless of whether placement or expulsion is requir= ed or permitted by one of the reasons in the DAEP Placement or Expulsion sections= , in accordance with Education Code 37.0081, a student may be expelled and placed in either DAEP or JJAEP if the board= or its designee makes certain findings and the following circumstances exist in relation to a felony offense under Title 5 (see glossary) of the Texas Penal Code. The student must:

· Have received deferred prosecution for condu= ct defined as a Title 5 felony offense;

· Have been found by a court or jury to have engaged in delinquent conduct for conduct defined as a Title 5 felony offen= se;

· Have been charged with engaging in conduct defined as a Title 5 felony offense;

· Have been referred to a juvenile court for allegedly engaging in delinquent conduct for conduct defined as a Title 5 felony offense; or

· Have received probation or deferred adjudica= tion or have been arrested for, charged with, or convicted of a Title 5 felony offense.

The district may expel the student and order placement= under these circumstances regardless of:

1.&n= bsp; The date on which the student’s conduct occur= red,

2. The location at which the conduct occurred,

3. Whether the conduct occurred while the student was enrolled in the district, or

4. Whether the student has successfully completed any court disposition requirements i= mposed in connection with the conduct.

Hearing and Required Findings

The student must first have a hearing before the board= or its designee, who must determine that in addition to the circumstances above that allow for the expulsion, the student’s presence in the regular classroom:

1.&n= bsp; Threatens the safety of other students or teachers,=

2. Will be detrimental to the educational process, or

3. Is not in the best interest of the district’s students.

Any decision of the board or the board’s designee under this section is final and may not be appealed.

Length of Placement

The student is subject to the placement until:

1.&n= bsp; The student graduates from high school,

2. The charges are dismissed or reduced to a misdemeanor offense, or

3. The student completes the term of the placement or is assigned to another progr= am.

Newly Enrolled Students

A student who enrolls in the district before completin= g a placement under this section from another school district must complete the term of the placement.

Expulsion

In deciding whether to order expulsion, regardless of whether the action is mandatory or discretionary, the district will take in= to consideration:

1.&n= bsp; Self-defense (see glossary),

2. Intent or lack of intent at the time the student engaged in the conduct, and

3. The student’s disciplinary history.

Discretionary Expulsion: Misconduct That May = Result in Expulsion

Any Location

A student may= be expelled for:

· Engaging in the following, no matter where it takes place:

· Conduct that contains the elements of assault under Penal Code 22.01(a)(1) in retaliation against a school employee or volunteer.

· Criminal mischief, if punishable as a felony= .

· Engaging in conduct that contains the elemen= ts of one of the following offenses against another student, without regard to where the conduct occurs:

· Aggravated assault.

· Sexual assault.

· Aggravated sexual assault.

· Murder.

· Capital murder.

· Criminal attempt to commit murder or capital murder.

· Aggravated robbery.

· Engaging in conduct relating to a false alar= m or report (including a bomb threat) or a terroristic threat involving a public school.

At School, Within 300 Feet, or at a School Ev= ent

· Committing any of the following offenses on = or within 300 feet of school property, as measured from any point on the school’s real property boundary line, or while attending a school-spo= nsored or school-related activity on or off school property:

· Selling, giving, or delivering to another person, or possessing, using, or being under the influence of marijuana, a controlled substance, or a dangerous drug, if the conduct is not punishable= as a felony. (See glossary for “under the influence.”)

· Selling, giving, or delivering to another person, or possessing, using, or being under the influence of alcohol; or committing a serious act or offense while under the influence of alcohol, if the conduct is not punishable as a felony.

· Engaging in conduct that contains the elemen= ts of an offense relating to abusable volatile chemicals.

· Engaging in conduct that contains the elemen= ts of assault under Section 22.01(a)(1) against an employee or a volunteer.

· Engaging in deadly conduct. (See glossary.)<= /p>

Within 300 Feet of School

· Engaging in the following conduct while with= in 300 feet of school property, as measured from any point on the school’= ;s real property boundary line:

· Aggravated assault, sexual assault, or aggra= vated sexual assault.

· Arson. (See glossary.)

· Murder, capital murder, or criminal attempt = to commit murder or capital murder.

· Indecency with a child, aggravated kidnappin= g, manslaughter, criminally negligent homicide, or aggravated robbery.

· Continuous sexual abuse of a young child or children.

· Felony drug- or alcohol-related offense.

· Use, exhibition, or possession of a firearm = (as defined by state law), an illegal knife, a club, or prohibited weapon, or possession of a firearm (as defined by federal law).

Property of Another District

· Committing any offense that is a state-manda= ted expellable offense if the offense is committed on the property of another district in Texas or while the student is attending a school-sponsored or school-related activity of a school in anot= her district in Texas= .

While in DAEP

· Engaging in serious offenses or persistent misbehavior (see glossary) that violates the district’s Code, while placed in a DAEP.

Mandatory Expulsion: Misconduct That Requires Expulsion

A student mus= t be expelled for any of the following offenses that occur on school property or while attending a school-sponsored or school-related activity on or off sch= ool property:

Federal Law

· Bringing to school a firearm, as defined by federal law. “Firearm&#= 8221; under federal law includes:

· Any weapon (including a starter gun) that wi= ll, is designed to, or may readily be converted to expel a projectile by the ac= tion of an explosive.

· The frame or receiver of any such weapon.

· Any firearm muffler or firearm weapon.

· Any destructive device, such as any explosiv= e, incendiary or poison gas bomb, or grenade.

Texas= Penal Code

· Using, exhibiting, or possessing the followi= ng, as defined by the Texas Penal Code:

· A firearm (any device designed, made, or ada= pted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that us= e), unless the use, exhibition, or possession of the firearm occurs at an off-campus approved target range facility while participating in or prepari= ng for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Parks and Wildli= fe Department or a shooting sports sanctioning organization working with the department.

· An illegal knife or a prohibited knife as defined by the district in the code of conduct.

· A club (see glossary) such as an instrument specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, including a blackjack, nightstick, mace, and tomahawk.

· A prohibited weapon, such as an explosive weapon, a machine gun, a short-barrel firearm, a firearm silencer, a switchblade knife, knuckles, armor-piercing ammunition, a chemical dispensi= ng device, or a zip gun. (See glossary.)=

· Behaving in a manner that contains elements = of the following offenses under the Texas Penal Code:

· Aggravated assault, sexual assault, or aggravated sexual assault.

· Arson. (See glossary.)

· Murder, capital murder, or criminal attempt = to commit murder or capital murder.

· Indecency with a child.

· Aggravated kidnapping.

· Aggravated robbery.

· Manslaughter.

· Criminally negligent homicide.

· Continuous sexual abuse of a young child or children.

· Behavior punishable as a felony that involves selling, giving, or delivering to another person, or possessing, using, or being under the influence of marijuana, a controlled substance, a dangerous drug, or alcohol; or committing a serious act or offense while under the influence of alcohol.

· Engaging in retaliation against a school employee or volunteer combined with one of the above-listed mandatory expul= sion offenses, with the exception of a federal firearm offense, on or off school property or at a school-related activity.

Under Age Ten

When a student under the age of ten engages in behavio= r that is expellable behavior, the student will not be expelled, but will be place= d in a DAEP. A student under age s= ix will not be placed in a DAEP unless the student commits a federal firearm offense.

Emergency

In an emergency, the principal or the principal’s designee may order the immedia= te expulsion of a student for any reason for which expulsion may be made on a nonemergency basis.

Process

If a student is believed to have committed an expellab= le offense, the principal or other appropriate administrator will schedule a hearing within a reasonable time. The student’s parent will be invited in writing to attend the hearing.

Until a hearing can be held, the principal may place t= he student in:

· Another appropriate classroom.

· In-school suspension.

· Out-of-school suspension.

· DAEP.

Hearing

A student facing expulsion will be given a hearing with appropriate due process. The student is entitled to:

1.&n= bsp; Representation by the student’s parent or ano= ther adult who can provide guidance to the student and who is not an employee of= the district,

2. An opportunity to testify and to present evidence and witnesses in the student’s defense, and

3. An opportunity to question the district’s witnesses.

After providing notice to the student and parent of the hearing, the district may hold the hearing regardless of whether the studen= t or the student’s parent attends.

The board of trustees delegates to the district hearing officer authority to conduct hearings and expel students.

Board Review of Expulsion

After the due process hearing, the expelled student may request that the board review the expulsion decisions. The student or parent must submit a written request to the superintendent within seven days after receipt of the written decision. The superintendent must provide the student or parent written notice of the dat= e, time, and place of the meeting at which the board will review the decision.=

The board will review the record of the expulsion hear= ing in a closed meeting unless the parent requests in writing that the matter be h= eld in an open meeting. The board= may also hear a statement from the student or parent and from the board’s designee.

The board will hear statements made by the parties at = the review and will base its decision on evidence reflected in the record and a= ny statements made by the parties at the review. The board will make and communicat= e its decision orally at the conclusion of the presentation. Consequences will not be deferred pending the outcome of the hearing.

Expulsion Order

After the due process hearing, if the student is expel= led, the board or its designee will deliver to the student and the student’= ;s parent a copy of the order expelling the student.

Not later than the second business day after the heari= ng, the school district will deliver to the juvenile court a copy of the expuls= ion order and the information required by Section 52.04 of the Family Code.

If the length of the expulsion is inconsistent with the guidelines included in the Student Code of Conduct, the expulsion order will give notice of the inconsistency.

Length of Expulsion

The length of an expulsion will be correlated to the seriousness of the offense, the student’s age and grade level, the frequency of misbehavior, the student’s attitude, and statutory requirements.

The duration of a student’s expulsion will be determined on a case-by-case basis. The maximum period of expulsion is one calendar year except as provi= ded below:

An expulsion may not exceed one year unless, after rev= iew, the district determines that:

1.&n= bsp; The student is a threat to the safety of other stud= ents or to district employees, or

2. Extended expulsion is in the best interest of the student.

State and federal law require a student to be expelled= from the regular classroom for a period of at least one calendar year for bringi= ng a firearm, as defined by federal law, to school. However, the superintendent or oth= er appropriate administrator may modify the length of the expulsion on a case-by-case basis.

Students who commit offenses that require expulsion at= the end of one school year may be expelled into the next school year to complete the term of expulsion.

Withdrawal during Process

When a student has violated the district’s Code = in a way that requires or permits expulsion from the district and the student withdraws from the district before the expulsion hearing takes place, the district may conduct the hearing after sending written notice to the parent= and student.

If the student then reenrolls in the district during t= he same or subsequent school year, the district may enforce the expulsion orde= r at that time, less any expulsion period that has been served by the student du= ring enrollment in another district.

If the appropriate administrator or the board fails to= issue an expulsion order after the student withdraws, the next district in which = the student enrolls may complete the proceedings.

Additional Misconduct

If during the expulsion, the student engages in additi= onal conduct for which placement in a DAEP or expulsion is required or permitted, additional proceedings may be conducted, and the appropriate administrator = or the board may issue an additional disciplinary order as a result of those proceedings.

Restrictions during Expulsion

Expelled students are prohibited from being on school = grounds or attending school-sponsored or school-related activities during the perio= d of expulsion.

No district academic credit will be earned for work mi= ssed during the period of expulsion unless the student is enrolled in a JJAEP or another district-approved program.

Newly Enrolled Students

The district will decide on a case-by-case basis the placement of a student who is subject to an expulsion order from another district or an open-enrollment charter school upon enrollment in the distri= ct.

If a student expelled in another state enrolls in the district, the district may continue the expulsion under the terms of the expulsion order, may place the student in a DAEP for the period specified in the order, or may allow the student to attend regular classes if:

1.&n= bsp; The out-of-state district provides the district wit= h a copy of the expulsion order, and

2. The offense resulting in the expulsion is also an expellable offense in the district in which the student is enrolling.

If a student is expelled by a district in another stat= e for a period that exceeds one year and the district continues the expulsion or places the student in a DAEP, the district will reduce the period of the expulsion or DAEP placement so that the entire period does not exceed one y= ear, unless after a review it is determined that:

1.&n= bsp; The student is a threat to the safety of other stud= ents or district employees, or

2. Extended placement is in the best interest of the student.

Emergency Expulsion Procedures

When an emergency expulsion occurs, the student will b= e given verbal notice of the reason for the action. Within ten days after the date of = the emergency expulsion, the student will be given appropriate due process requ= ired for a student facing expulsion.

DAEP Placement of Expelled Students

The district may provide educational services to any expelled student in a DAEP; however, educational services in the DAEP must = be provided if the student is less than ten years of age.

Glossary

The glossary provides legal definitions and locally established definitions and is intended to assist in understanding terms related to the Student Code of Conduct.

Abuse is = improper or excessive use.

Armor-piercing ammunition is handgun ammunition used in pistols and revolvers and desi= gned primarily for the purpose of penetrating metal or body armor.

Arson is:=

1.&n= bsp; A crime that involves starting a fire or causing an explosion with intent to destroy or damage:

a. = Any vegetation, fence, or structure on open-space land; or

b. Any building, habitation, or vehicle:

1) Knowing that it is within the limits of an incorporated city or town,

2) Knowing that it is insured against damage or destruction,

3) Knowing that it is subject to a mortgage or other security interest,

4) Knowing that it is located on property belonging to another,

5) Knowing that it has located within it property belonging to another, or

6) When the person starting the fire is reckless about whether the burning or explo= sion will endanger the life of some individual or the safety of the property of another;

2. A crime that involves recklessly starting a fire or causing an explosion while manufacturing or attempting to manufacture a controlled substance and the f= ire or explosion damages any building, habitation, or vehicle; or

3. A crime that involves intentionally starting a fire or causing an explosion a= nd in so doing:

a. = Recklessly damages or destroys a building belonging to another, or

b. Recklessly causes another person to suffer bodily injury or death.

Assault is defined in part by Texas Penal Code 22.01(a)(1) as intentionally, knowingly= , or recklessly causing bodily injury to another.

Bullying = is written or oral expression or physical conduct that a school district’= ;s board of trustees or the board’s designee determines:

1.&n= bsp; To have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fea= r of harm to the student’s person or of damage to the student’s property; or

2. To be sufficiently severe, persistent, or pervasive to create an intimidating, threatening, or abusive educational environment for a student.

Chemical disp= ensing device is a device designed, made, or adapted for the purpose of causin= g an adverse psychological or physiological effect on a human being. A small chemical dispenser sold commercially for personal protection is not in this category.

Club is a= n instrument specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death. A blackjack, mace, and tomahawk are in the same category.

Criminal stre= et gang is three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.

Dating violen= ce is the intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person with whom t= he student has or has had a dating relationship, as defined by Section 71.0021= of the Family Code.

Deadly conduc= t occurs when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury, such as knowingly discharging a firearm in the direction of an individual, habitation, building, or vehicle= .

Deferred adju= dication is an alternative to seeking a conviction in court that may be offered to a juvenile for delinquent conduct or conduct indicating a need for supervisio= n.

Deferred pros= ecution may be offered to a juvenile as an alternative to seeking a conviction in c= ourt for delinquent conduct or conduct indicating a need for supervision.

Delinquent co= nduct is conduct that violates either state or federal law and is punishable by imprisonment or confinement in jail. It includes conduct that violates certain juvenile court orders, including probation orders, but does not include violations of traffic laws= .

Discretionary= means that something is left to or regulated by a local decision maker.

Explosive wea= pon is any explosive or incendiary bomb, grenade, rocket, or mine and its deliv= ery mechanism that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public al= arm or terror.

False Alarm o= r Report occurs when a person knowingly initiates, communicates, or circulates a rep= ort of a present, past, or future bombing, fire, offense, or other emergency th= at he or she knows is false or baseless and that would ordinarily:

1.&n= bsp; Cause action by an official or volunteer agency organized to deal with emergencies;

2. Place a person in fear of imminent serious bodily injury; or

3. Prevent or interrupt the occupation of a building, room, or place of assembly.

Firearm silen= cer means any device designed, made, or adapted to muffle the report of a firea= rm.

Graffiti = are markings with paint, an indelible pen or marker, or an etching or engraving device on tangible property without the effective consent of the owner. The markings may include inscripti= ons, slogans, drawings, or paintings.

Harassment is:

1.&n= bsp;     Conduct that meets the definition established in district policies DIA(LOCAL) and FFH(LOCAL); or

2.      Conduct that threatens to cause harm or bodily injury to another student, is sexual= ly intimidating, causes physical damage to the property of another student, subjects another student to physical confinement or restraint, or malicious= ly and substantially harms another student’s physical or emotional healt= h or safety.

Hazing is= an intentional or reckless act, on or off campus, by one person alone or acting with others, that endangers the mental or physical health or safety of a student for the purpose of pledging, initiation into, affiliation with, hol= ding office in, or maintaining membership in an organization.

Hit list = is a list of people targeted to be harmed, using a firearm, a knife, or any other object to be used with intent to cause bodily harm.

Knuckles = are any instrument consisting of finger rings or guards made of a hard substance and designed or adapted for inflicting serious bodily injury or death by striki= ng a person with a fist enclosed in the knuckles.

Machine gun is any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

Mandatory= means that something is obligatory or required because of an authority.

Paraphernalia= are devices that can be used for inhaling, ingesting, injecting, or otherwise introducing a controlled substance into a human body.

Persistent misbehavior is two or more violations of the Code in general or repeated occurrences of the same violation.

Possession means to have an item on one’s person or in one’s personal property, including but not limited to clothing, purse, or backpack; a private vehicle used for transportation to or from school or school-related activities, including but not limited to an automobile, truck, motorcycle, or bicycle; = or any other school property used by the student, including but not limited to= a locker or desk.

Public school fraternity, sorority, secret society, or gang means an organization composed wholly or in part of students that seeks to perpetuate itself by t= aking additional members from the students enrolled in school based on a decision= of its membership rather than on the free choice of a qualified student. Educational organizations listed in Section 37.121(d) of the Education Code= are excepted from this definition.

Reasonable be= lief is a determination made by the superintendent or designee using all availab= le information, including the information furnished under Article 15.27 of the Code of Criminal Procedure.

Self-defense<= /b> is the use of force against another to the degree a person reasonably believes= the force is immediately necessary to protect himself or herself.

Serious offen= ses include but are not limited to:

·        Murder.

·        Vandalism.

·        Robbery or theft.

·        Extortion, coercion, or blackmail.

·        Actions or demonstrations that substantially disrupt or materially interfere with school activities.

·        Hazing.

·        Insubordination.

·        Profanity, vulgar language, or obscene gestu= res.

·        Fighting, committing physical abuse, or threatening physical abuse.

·        Possession or distribution of pornographic materials.

·        Leaving school grounds without permission.
·        Sexual harassment of a student or district employee.

·        Possession of or conspiracy to possess any explosive or explosive device.

·        Falsification of records, passes, or other school-related documents.

·        Refusal to accept discipline assigned by the teacher or principal.

Short-barrel = firearm is a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a rifle or shotgun that, as altered, has an overall length of less than 26 inches.

Switchblade is any knife with a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressing a button or by the force of gravity or centrifugal force. The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied= to the blade by hand, wrist, or arm to overcome the bias toward closure and op= en the knife.

Terroristic t= hreat is a threat of violence to any person or property with intent to:

1.&n= bsp;     Cause a reaction of any type by an official or volunteer agency organized to deal with emergencies;

2.      Place any person in fear of imminent serious bodily injury;

3.      Prevent or interrupt the occupation or use of a building; room, place of assembly, = or place to which the public has access; place of employment or occupation; aircraft, automobile, or other form of conveyance; or other public place;
4.      Cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;

5.      Place the public or a substantial group of the public in fear of serious bodily injury; or

6.      Influence the conduct or activities of a branch or agency of the federal government, = the state, or a political subdivision of the state (including the district).

Title 5 offen= ses are those that involve injury to a person and include murder; kidnapping; assault; aggravated assault; sexual assault; aggravated sexual assault; unl= awful restraint; indecency with a child; injury to a child, an elderly person, or= a disabled person; abandoning or endangering a child; deadly conduct; terrori= stic threat; aiding a person to commit suicide; and tampering with a consumer product. [See FOC(EXHIBIT)]
Under the inf= luence means lacking the normal use of mental or physical faculties. Impairment of a person’s phy= sical or mental faculties may be evidenced by a pattern of abnormal or erratic behavior, the presence of physical symptoms of drug or alcohol use, or by admission. A student “u= nder the influence” need not be legally intoxicated to trigger disciplinary action.

Use means voluntarily introducing into one’s body, by any means, a prohibited substance.

Zip gun i= s a device or combination of devices, not originally a firearm, but adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

School District Authority and Jurisdiction

Texas= Penal Code