- Self-defense (see glossary),
- Intent or lack of intent at the time the student engaged in the conduct, and
- The student’s disciplinary history.
The principal or appropriate administrator will notify a student’s parent by phone or in writing of any violation that may result in a suspension, placement in a DAEP, or expulsion. Notification will be made and a conference scheduled as appropriate, within three school days after the administrator becomes aware of the violation.
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 obtained from the principal’s office or the central administration office or through Policy On Line at the following address: www.flourbluffschools.net
Consequences will not be deferred pending the outcome of a grievance.
In addition to other discipline management techniques, misconduct may result in removal from the regular educational setting in the form of a routine referral or a formal removal.
A student may be removed from class on a general referral for violating campus or classroom rules, not responding to previously directed discipline techniques, or engaging in behaviors prohibited by this Code.
Persistent or Serious Misbehavior involves:
- Any behaviors documented by the teacher as repeatedly interfering with the teacher’s ability to teach the class, OR
- Any behavior so unruly, disruptive, or abusive that the teacher cannot teach and the students cannot learn, including a serious one-time offense.
A record of classroom offenses and disciplinary interventions shall be maintained by the teacher or appropriate school administrator.
A routine referral occurs when a teacher sends a student to the principal’s office as a discipline management technique. The principal may then employ additional techniques.
Note: Behaviors which are listed as Code violations must be reported to the office.
A teacher or administrator may remove a student from class for a behavior that violates this Code to maintain effective discipline in the classroom. A teacher may also initiate a formal removal from class if:
- The student’s behavior has been documented by the teacher as repeatedly interfering with the teacher’s ability to teach his or her class or with the student’s classmates’ ability to learn; or
- The behavior is so unruly, disruptive, or abusive that the teacher cannot teach, and the students in the classroom cannot learn.
A teacher or administrator must remove a student from class if the student engages in behavior that under the Education Code requires or permits the student to be placed in a DAEP or expelled. When removing for those reasons, the procedures in the subsequent sections on DAEP or expulsion will be followed. Otherwise, within three school days of the formal removal, the appropriate administrator will schedule a conference with the student’s parent; the student; the teacher, in the case of removal by a teacher; and any other administrator. The appropriate administrator will notify the student of the consequences of the Student Code of Conduct violation.
At the conference, the appropriate administrator will inform the student of the misconduct for which he or she is charged and the consequences. The administrator will give the student an opportunity to give his or her version of the incident.
When a student is removed from the regular classroom by a teacher and a conference is pending, the principal may place the student in:
Another appropriate classroom
In-school suspension
Out-of-school suspension
Disciplinary Alternative Education Placement (DAEP)
- If a student is repeatedly referred to the office by a teacher/teachers or school personnel for misconduct, the school administrators should alert the student’s parent to the recurring misconduct and the possibility of a placement in a DAEP, if documented misconduct continues.
When a student has been formally removed from class by a teacher for conduct against the teacher containing the elements of assault, aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, or criminal attempt to commit murder or capital murder, the student may not be returned to the teacher’s class without the teacher’s consent.
When a student has been formally removed by a teacher for any other conduct, the student may be returned to the teacher’s class without the teacher’s consent, if the placement review committee determines that the teacher’s class is the best or only alternative available.
Administrators charged with the responsibility of creating and maintaining a physically safe and appropriate learning environment may find it necessary to utilize options and procedures not covered in these regulations. In the absence of a policy related to a specific situation, the administrator will use his best judgment in arriving at a decision. The decision is based on what he/she determines the policy would be if it existed, based on the spirit and tenor of other existing policies.
Students may be suspended for any behavior listed in the Code as a General Conduct Violation, DAEP offense, or expellable offense.
In deciding whether to order suspension, the district will take into consideration:
- 1. Self-defense (see glossary),
- 2. Intent or lack of intent at the time the student engaged in the conduct, and
- The student’s disciplinary history.
State law allows a student to be suspended for no more than three school days per behavior violation, with no limit on the number of times a student may be suspended in a semester or school year. If a decision regarding placement or expulsion is pending and the student has received Out-of-School Suspension for 3 days, the student is expected to return to In-School Suspension on the 4th day, pending the outcome of the placement or expulsion decision, unless the district administration has placed the student on an emergency placement or expulsion (Students/parents will be notified, if this is the case.)
Before being suspended a student will have an informal conference with the appropriate administrator who shall advise the student of the conduct of which he or she is accused. The student will be given the opportunity to explain his or her version of the incident before the administrator’s decision is made.
The student shall not participate in school-sponsored or school-related extracurricular activities during a period of suspension, placement or expulsion.
The number of days of a student’s suspension (out-of-school) will be determined by the appropriate administrator, but will not exceed three school days.
The appropriate administrator will determine any restrictions on participation in school-sponsored or school-related extracurricular and cocurricular activities beyond the suspension.
A suspension is considered an excused absence for attendance purposes.
The District has the option of suspending a student pending a placement conference or expulsion hearing.
The District shall exercise its authority to place students in a Disciplinary Alternative Education Program (DAEP) for a single major occurrence (more serious offense) or for recurring office referrals (persistent misbehavior which interferes with an orderly school environment.)
The student may or must be removed from the general education setting and assigned to the off-campus Disciplinary Alternative Education Program (DAEP) according to the guidelines established by the DAEP and campuses. Students may be placed in a DAEP for state-mandated offenses as well as District offenses. Students may be placed in a Disciplinary Alternative Education Program for offenses committed on school property or within 300 feet of school property 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, if the offense is one for which DAEP placement is appropriate.
A student who is expelled for an offense that otherwise would have resulted in a DAEP placement does not have to be placed in DAEP in addition to the expulsion.
In deciding whether to order placement in a DAEP, the district will take into consideration:
- Self-defense (see glossary),
- Intent or lack of intent at the time the student engaged in the conduct, and
- The student’s disciplinary history.
A student may be placed in a DAEP for behaviors prohibited in the General Conduct Violations section of this Code.
AND/OR
The District has determined that the following behaviors may result in a student’s placement in a Disciplinary Alternative Education Program. A student may be placed in a DAEP for the following conduct violations:
- Hate-Related Incidents—Act or attempted act or an attempt to incite an act which constitutes an expression of hostility against a person or property or institutions because of the victims real or perceived race, color, socio-economic status, disability, appearance, religion, national origin, ancestry, gender or sexual orientation.
- Directing profanity, vulgar language, or obscene gestures toward a District employee/volunteer.
- Hazing (initiation rites) (See glossary.)
- Gambling
- Possessing fireworks of any kind, smoke or stink bombs, or any other pyrotechnic or concussion device.
- Trespassing
- Stealing or assisting in stealing from students, staff, or the District/school (theft)
- Committing or assisting in a robbery or theft even if it does not constitute a felony according to the Texas Penal Code. (Felony robbery or theft offenses are addressed later in the Student Code of Conduct.)
- Damaging or vandalizing property owned by others.
- Defacing or damaging school property—including textbooks, lockers, furniture, and other equipment—with graffiti or by other means. (See glossary.)
- Committing extortion, coercion, or blackmail (obtaining money or another object of value from an unwilling person).
- Forcing an individual to act through the use of force or threat of force.
- Using the Internet or other electronic communications to threaten students or employees, or cause disruption to the educational program (i.e. cyberbullying).
- Sending or posting electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another person’s reputation, or illegal.
- Engaging in any misbehavior that gives school officials reasonable cause to believe that such conduct will substantially disrupt the school program or incite violence.
- Violating computer use policies, rules, or agreements signed by the student, and/or agreements signed by the student’s parent.
- Falsifying records, passes or forgery of a name on official documents.
- Possessing, giving or distributing material that is pornographic.
- Refusing to accept discipline management techniques assigned by a teacher, principal or school authority.
- Engaging in disruptive actions or demonstrations that substantially disrupt or interfere with school activities.
- Continual violation of compulsory attendance laws/skipping class or other school activities (truancy).
- Leaving school grounds or school-sponsored events without permission.
- Possessing or selling look-alike drugs or items attempted to be passed off as drugs or contraband.
- Violating (or failing to comply with) the District’s policy/procedures on taking prescription drugs and over-the-counter drugs at school.
- Possessing a weapon, device, object or substance of any kind or using articles not generally considered to be weapons, including school supplies, when the principal or designee determines that a danger exists or it could cause bodily harm to individuals.
- Discharging a fire extinguisher, without valid cause.
- Possessing mace or pepper spray.
- Possession of a weapon prohibited by District policy. (See required/discretionary expulsions.)
- Possessing sling shots.
- Committing an assault. (See expulsion.)
- Failing to comply with directives or consequences given by school personnel (defying authority or insubordination).
- Possessing or selling a “look-alike” weapon.
- Acting in retaliation against students, employees or volunteers. (Also, see Expulsion section.)
- Be under the influence of medication, prescription or over-the-counter drugs that cause impairment of the physical or mental faculties. (See glossary for “under the influence.”)
- Have or take the student’s own medication, prescription drugs or over-the-counter drugs at school other than as provided by district policy. All medication must be immediately taken to the school nurse upon arrival to school and must be properly contained and administered.
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. In adherence to the District guidelines, a student SHALL be placed in a DAEP, if the student is found to be:
Possessing ammunition.
Involvement in gang activity, including participating as a member or pledge, or soliciting another person to become a pledge or member of a gang. (See glossary.)
Involved in criminal mischief, not punishable as a felony.
Involved in a federal firearms violation, for a student six years of age or younger.
Involved in/making false threats, hoaxes or accusations regarding school safety.
Involved 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 fraternity, sorority, secret society or gang. This provision does not include an agency of public welfare, such as Boy Scouts or Rainbow Girls, or educational organizations sponsored by recognized authorities. (See glossary.)
Involvement in criminal street gang activity. (See glossary.)
Possessing or selling seed or pieces of marijuana in less than a usable amount.
Possessing published or electronic material that is designed to promote or encourage illegal behavior or could threaten school safety, using e-mail or websites at school to encourage illegal behavior, or threatening school safety.
A student may be placed in a DAEP for single (first-time office referrals) of a more serious nature.
Bullying including intimidation by name-calling, using ethnic or racial slurs, or derogatory statements that could disrupt the school program or incite violence.
Engaging in threatening behavior (verbal or written exchanges) toward another student or District employee or school property.
Engaging in harassment motivated by race, color, religion, national origin, disability, or age and directed toward another student or District employee/volunteer.
Possessing a stun gun.
Inappropriate or indecent exposure of a student’s private body parts (i.e. self-exposure or causing exposure of another person).
Possessing, using, giving, or selling paraphernalia related to any prohibited substance. (See glossary.)
Engaging in inappropriate verbal, physical, or sexual contact directed toward another student or a District employee/volunteer.
Engaging in conduct that constitutes sexual harassment or sexual abuse, whether the conduct is by word, gesture, or any other sexual conduct, including requests for sexual favors directed toward another student or a District employee/volunteer.
Repeatedly violating other communicated campus or classroom standards of behavior.
Committing or assisting in a robbery or theft, even if it does not constitute a felony according to the Texas Penal Code. (Felony robbery or theft offenses are addressed later in the Student Code of Conduct.)
A student shall be placed or may be expelled for 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-sponsored or school-related activity on or off school property:
Being under the influence of any amount of marijuana, a controlled substance, or a dangerous drug, if the conduct is not punishable as a felony.
Being under the influence of any amount of alcohol; or committing a serious act or offense while under the influence of alcohol, if the conduct is not punishable as a felony.
In accordance with state law, a student may be placed in a DAEP and in adherence to District guidelines a student shall be placed in a DAEP, if the superintendent or the superintendent’s designee has reasonable belief (see glossary) that the student has engaged in conduct punishable as a felony, other than those listed as offenses involving injury to a person in Title 5 (see glossary) of the Texas 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 classroom 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.
In adherence to state mandates, a student must be placed in a DAEP if the student commits any of the following offenses:
Engages in conduct relating to a false alarm or report (including a bomb threat or pulling a fire alarm without cause) or a terroristic threat involving a public school, for students between the ages of six and nine. (See glossary. Also, see Expulsion for students ten and older.)
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).
Behaves in a manner that contains the elements 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 elements of the offense of retaliation against any school employee or volunteer on or off 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 listed 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 and:
- The student receives deferred prosecution (see glossary),
- A court or jury finds that the student has engaged in delinquent conduct (see glossary), or
- The superintendent or designee has a reasonable belief (see glossary) that the student engaged in the conduct.
- Alcohol and Drug-Free, Weapon-Free School Zone:
- Flour Bluff I.S.D. operates under a Alcohol and Drug-Free, Weapon-Free School Zone Policy for students involved in alcohol, weapon and drug-related offenses. These behaviors will not be tolerated, for the safety and protection of all individuals who enter the school community.
-
- In addition, Flour Bluff I.S.D. has adopted an Alcohol and Drug-Free, Weapon-Free School Zone which creates a safe haven for students within a 1,000-feet perimeter of the campus. This policy applies to all campuses 24 hours a day, including weekends.
If a student has been convicted of continuous sexual abuse of a young child or children or convicted of or placed on deferred adjudication for sexual assault or aggravated sexual assault against another student on the same campus, and if the victim's parent or other person with the authority 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.
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.
Removals to a DAEP will be made by the campus principal or appropriate administrator. The duration of a student’s placement in a DAEP will be determined by the appropriate administrator.
The campus principal or appropriate administrator will determine if a violation of the Student Code of Conduct has occurred.
To determine whether a violation includes elements of an offense under the Penal Code, the district may rely on reports from law enforcement authorities in accordance with Article 15.27 of the Code of Criminal Procedure. Article 15.27 requires law enforcement officers and officers of juvenile courts to provide information to districts when a young person gets into trouble. The superintendent or designee can use such a report to determine whether or not to remove a student from the regular classroom and place him or her in a DAEP.
When a student is removed from class for a DAEP offense, the appropriate administrator will schedule a conference within three school days 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 district may hold the conference and make a placement decision regardless of whether the student or the student’s parents attend the conference.
After the conference, if the student is placed in the DAEP, the appropriate administrator will write a placement order. A copy of the DAEP placement order will be sent or given to the student and the student’s parent.
Not later than the second business day after the conference, 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.
The duration of a student’s placement in a DAEP will be determined by the campus principal or appropriate administrator.
The length of placement may be increased due to repeat office referrals. Mandatory referrals are of such a serious nature to result in placement for the remainder of the semester or, if placement occurs during the last six weeks, into the succeeding semester.
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 misbehavior, the student’s attitude, statutory requirements, and consistent application of consequences in a fair and equitable manner. SDGC primarily serves grades 6-12, unless a lower grade student has committed a state-mandated DAEP placement offense.
The maximum period of DAEP placement shall be one calendar year, except as provided below. General length of placement is as follows:
Conduct Maximum Length of Time (successful days)
1. Discretionary (may) 31-90 days*
2. Mandatory (shall/must) 31 days to one calendar year*
Students at the Intermediate level (5th/6th grades) or younger may be placed for a minimum of 15 successful days, if the student has no prior placement or expulsion offenses. If the student at the Intermediate level or younger has a prior placement or expulsion offense, the minimum placement will be 31 successful school days.
A review must be conducted for placements reaching 120 days. A review will be conducted at least every 60 days.
*Note: The placement may be extended based upon behaviors while in the DAEP or other provisions found in the Student Code of Conduct.
Students must demonstrate successful days at the Disciplinary Alternative Education Program in order to return to the home campus. The DAEP includes the following components:
- Behavior modification techniques
- Counseling
- Character Education
- Highly structured and closely supervised environment
- Classroom and homework assignments
- Mandatory tutoring
- Participation in the full day of instruction (unless on temporary absence during the day for a doctor’s appointment or other appointment approved by the school administrator.)
Placement in a DAEP may exceed one year when a review by the district determines that:
- The student is a threat to the safety of other students or to district employees, or
- Extended placement is in the best interest of the student.
The statutory limitations on the length of a DAEP placement do not apply to a placement resulting from the board’s decision to place a student who engaged in the sexual assault of another student so that the students are not assigned to the same campus.
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 campus principal or appropriate administrator must determine that:
- The student’s presence in the regular classroom or campus presents a danger of physical harm to the student or others, or
- The student has engaged in serious or persistent misbehavior (see glossary) that violates the district’s Code.
For placement in a DAEP to extend beyond 60 days or the end of the next grading period, whichever is sooner, a student’s parent will be given notice and the opportunity to participate in a proceeding before the board’s designee. Any decision is final and may not be appealed.
Questions or complaints from parents regarding disciplinary measures should be addressed to the campus administration, in accordance with policy FNG(LOCAL). A copy of this policy may be obtained from the principal’s office or the central administration office or through Policy On Line at the following address: www.flourbluffschools.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’s designee.
The district does not permit a student who is placed in a DAEP to participate in any school-sponsored or school-related extracurricular or cocurricular activity including seeking or holding honorary positions and/or membership in school-sponsored clubs and organizations. After the student completes the placement at the DAEP, he/she regains eligibility to participate, subject to the written requirements of the extracurricular activity, club or organization. DAEP students are not permitted to be on school grounds at any time, other than DAEP facilities. State law prohibits students placed in a DAEP, for reasons specified in state law, from attending or participating in school-sponsored or school-related extracurricular activities.
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.
For seniors who are eligible to graduate and are assigned to a DAEP at the time of graduation, the last day of placement in the program will be the last instructional day, and the student will be allowed to participate in the graduation ceremony and related graduation activities unless otherwise specified in the DAEP placement order or unless the student commits another offense while at the DAEP which would cause the student to be prohibited from participation in graduation, by decision of the appropriate administrator.
DAEP students must be separated from the other students for the entire school program.
A student placed in a DAEP will be provided a review of his or her status, including academic status, by the appropriate administrator at intervals not to exceed 120 days. In the 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 for 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.
Students in the DAEP will be provided opportunities to complete their required coursework prior to the start of the next school year.
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.
Students are required to abide by all operating guidelines of the DAEP and the Student Code of Conduct.
The office of the prosecuting attorney will notify the district if a student was placed in a DAEP for certain offenses including any felony, unlawful restraint, indecent exposure, assault, deadly conduct, terroristic threats, organized crime, certain drug offenses, or possession of a weapon, and:
- Prosecution of a student’s case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, deferred adjudication (see glossary), or deferred prosecution will be initiated; or
- 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 will review the student’s placement and schedule a review with the student’s parent not later than the third day after the superintendent 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 from 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 the 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 meeting, review the notice from the prosecutor and receive information from the student, 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 superintendent 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.
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 district may complete the proceedings and issue a placement order. If the student then reenrolls in the district during the same or a subsequent school year, the district may enforce the order at that time, less any period of the placement that has been served by the student during enrollment in another district. If the appropriate administrator or 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 issue a placement order.
If a student placed in a DAEP withdraws before the expiration of the period of placement, FBISD shall provide to the district in which the student enrolls, at the same time other records are provided, a copy of the placement order. The receiving district may continue the disciplinary alternative education placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.
Credit will be rewarded only to students attending and receiving passing grades from other public or private, accredited schools during the period of the DAEP placement.
The district will continue the DAEP placement of a student who enrolls in the district and was assigned to DAEP in an open-enrollment charter school or another district.
A newly enrolled student with a DAEP placement from a district in another state will be placed as any other newly enrolled student 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 district in another state for a period that exceeds one year, this district, by state law, will reduce the period of the placement so that the total placement does not exceed one year. After a review, however, the placement may be extended beyond a year if the district determines 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.
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.
If emergency placement involves a student with disabilities who receives special education services, the term of the student’s emergency removal is subject to the requirements of federal law.
This section includes two categories of serious offenses for which the Education Code provides unique procedures and specific consequences.
Upon receiving notification in accordance with state law that a student is currently required to register as a sex offender, the administration must remove the student from the regular classroom and determine 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 be in either DAEP or JJAEP for at least one semester.
If the student is not under any form of court supervision, 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:
- Threatens the safety of other students or teachers,
- Will be detrimental to the educational process, or
- Is not in the best interests of the district’s students.
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.
If a student enrolls in the district during a mandatory placement as a registered sex offender, the district may count any time already spent by the student in a placement or may require an additional semester in an alternative placement without conducting a review of the placement.
A student who enrolls in the district before completing a placement under this section from another school district must complete the term of the placement.
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. The conference is limited to the factual question of whether the student 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.
Regardless of whether placement or expulsion is required or permitted by one of the reasons in the DAEP Placement 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 conduct 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 offense;
- 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 adjudication 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:
- The date on which the student’s conduct occurred,
- The location at which the conduct occurred,
- Whether the conduct occurred while the student was enrolled in the district, or
- Whether the student has successfully completed any court disposition requirements imposed in connection with the conduct.
The student must first have a hearing before the board or its designee, who must determine that in addition to the circumstances above that allowed for the expulsion, the student’s presence in the regular classroom:
- Threatens the safety of other students or teachers,
- Will be detrimental to the educational process, or
- 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:
- The student graduates from high school,
- The charges are dismissed or reduced to a misdemeanor offense, or
- The student completes the term of the placement or is assigned to another program.
The student is removed from attendance in the District according to provisions of the Texas Education Code (TEC 37.007). A student adjudicated through the Juvenile Justice System may be placed in the Nueces County Juvenile Justice System Alternative Education Program.
In deciding whether to order expulsion, the district will take into consideration:
- Self-defense (see glossary),
- Intent or lack of intent at the time the student engaged in the conduct, and
- The student’s disciplinary history.
A student may be expelled for:
Engaging in the following, no matter where it takes place:
Conduct that contains the elements of assault under Texas 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 elements 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 alarm or report (including a bomb threat or pulling a fire alarm without cause) or a terroristic threat involving a public school (See DAEP Placement for students six to nine years old.)
At School, Within 300 Feet, or at School Event
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-sponsored 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.
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.
Selling, giving, or delivering to another person or accepting from another person over-the-counter or prescription drugs or medications; or committing a serious act or offense while under the influence of over-the-counter or prescription drugs or medications, if the conduct is not punishable as a felony.
Engaging in conduct that contains the elements of an offense relating to abusable volatile chemicals (glue, aerosol, paint, etc.).
Engaging in conduct that contains the elements of assault under Section 22.01(a)(1) against an employee or a volunteer.
Engaging in deadly conduct. (See glossary.)
Abusing prescription drugs or medication or possessing or being under the influence of another person’s prescription drugs or medication on school property or at a school-related event.
Engaging in the following conduct while within 300 feet of school property, as measured from any point on the school’s real property boundary line:
Aggravated assault, sexual assault, or aggravated sexual assault.
Arson.
Murder, capital murder, or criminal attempt to commit murder or capital murder.
Indecency with a child, aggravated kidnapping, 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).
Committing any offense that is a state-mandated 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 another district in Texas.
Engaging in serious offenses or persistent misbehavior (see glossary) that violates the District’s Student Code of Conduct, while placed in a DAEP. The District defines “persistent” as two or more violations of the Student Code of Conduct in general or repeated occurrences of the same violation. The District defines “serious” as such behaviors categorized in the Suspension, Disciplinary Alternative Education Program placement and Expulsion categories.
A student must 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 school property:
Bringing to school a firearm, as defined by federal law. “Firearm” under federal law includes:
Any weapon (including a starter gun) that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive.
The frame or receiver of any such weapon.
Any firearm muffler or firearm weapon.
Any destructive device, such as any explosive, incendiary or poison gas bomb, or grenade.
Texas Penal Code
Using, exhibiting, or possessing the following, as defined by the Texas Penal Code:
A firearm (any device designed, made, or adapted 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 use).
An illegal knife, such as a knife with a blade over 5½ inches; hand instrument, designed to cut or stab another by being thrown; dagger, including but not limited to a dirk, stiletto, and poniard; bowie knife; sword; or spear, or knife of any size, including a pocketknife or small knife. (The superintendent or designee may mitigate the consequence of expulsion, if circumstances warrant.)
- By District policy, the appropriate administrator shall recommend expulsion for a knife of any size. The Superintendent or designee may review the circumstances to determine whether the offense warrants expulsion.
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 dispensing 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 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 expulsion offenses, with the exception of a federal firearm offense, on or off school property or at a school-related activity.
When a student under the age of ten engages in behavior that is expellable behavior, the student will not be expelled, but will be placed in a Disciplinary Alternative Education Program (DAEP). A student under age six will not be placed in a DAEP unless the student commits a federal firearm offense.
In an emergency, the principal or the principal’s designee may order the immediate expulsion of a student for any reason for which expulsion may be made on a nonemergency basis.
If a student is believed to have committed an expellable 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 the student in:
Another appropriate classroom
In-school suspension
Out-of-school suspension
DAEP
A student facing expulsion will be given a hearing with appropriate due process. The student is entitled to:
- Representation by the student’s parent or another adult who can provide
