“Big Man on Campus”: The Campus Behavior Coordinator’s Role for School Discipline Cynthia S. Buechler Buechler & Associates, P.C Stoneridge Road, Suite D-101 Austin, TX

The Legislature amended Chapter 37 of the Texas Education Code by adding Section entitled: DESGINATION OF THE CAMPUS BEHAVIOR COORDINATOR

1.What is the purpose of the Campus Behavior Coordinator (“CBC”)? The purpose of the CBC is to maintain student discipline and implement the requirements of the Texas Education Code, Chapter 37.

2. Who appoints the CBC? The principal on the campus appoints the CBC.

3. Where does the CBC serve? Each campus must designate a CBC to serve.

4. Who can serve as a CBC? The CBC can be the principal on campus or any other campus administrator selected by the principal.

5. What is the CBC required to do? The CBC is required to promptly contact a parent or guardian of a student who is placed into in- school or out-of-school suspension, DAEP, expelled, or placed in a JJAEP, or is taken into custody by law enforcement by telephone, in person, or making a good faith effort to provide written notice to the parent/guardian on the day the action is taken.

6. What if the CBC was unable to make contact with the parent or guardian? If contact with a parent or guardian has not been made by telephone or in person by 5:00 p.m. of the first business day after the day the disciplinary action was taken, this bill requires the campus behavior coordinator to mail written notice of the action taken to the parent or guardian.

7. What happens if the CBC is absent and a student is placed into in-school suspension? If the campus behavior coordinator is unavailable or unable to provide the required notice, the principal or designee is required to provide the notice.

8. Does a teacher office referral of a student out of class to maintain effective discipline still go to the principal? The teacher will now send a student to the CBC’s office to address discipline. The CBC must employ appropriate discipline management techniques consistent with the student code of conduct that can reasonably be expected to improve the student’s behavior before returning the student to the classroom. If the student’s behavior does not improve, the campus behavior coordinator shall employ alternative discipline management techniques,

including available progressive interventions designated as the responsibility of the campus behavior coordinator in the student code of conduct.

9. What must occur when a student is removed from class by a teacher or administrator? Not later than the third class day after the day on which a student is removed from class by the teacher under Section (b) or by the school principal or other appropriate administrator under Section (a)(2) or , the campus behavior coordinator or other appropriate administrator shall schedule a conference among the campus behavior coordinator or other appropriate administrator, a parent or guardian of the student, the teacher removing the student from class, if any, and the student. At the conference, the student is entitled to written or oral notice of the reasons for the removal, an explanation of the basis for the removal, and an opportunity to respond to the reasons for the removal. The student may not be returned to the regular classroom pending the conference. Following the conference, and whether or not each requested person is in attendance after valid attempts to require the person’s attendance, the campus behavior coordinator, after consideration of the factors under Section (a)(4), shall order the placement of the student for a period consistent with the student code of conduct.

10. What must the CBC take into consideration? Before ordering the suspension, expulsion, removal to a disciplinary alternative education program, or placement in a juvenile justice alternative education program of a student, the behavior coordinator must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinary history, and whether the student has a disability substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct, regardless of whether the decision of the behavior coordinator concerns a mandatory or discretionary action.

11. Can the decision of the CBC be appealed? If the school district policy allows a student to appeal to the board of trustees or the board’s designee a decision of the campus behavior coordinator or other appropriate administrator, other than an expulsion under Section , the decision of the board or the board’s designee is final and may not be appealed.

12. What happens when a student is removed for a time that is inconsistent with the guidelines in the student code of conduct? If the period of the placement is inconsistent with the guidelines included in the student code of conduct under Section (a)(5), the order must give notice of the inconsistency.

13. Can the student’s placement exceed one year? The period of the placement may not exceed one year unless, after a review, the district determines that the student is a threat to the safety of other students or to district employees.

14. Can the student be placed for more than one year if the extended placement is in the best interest of the students? No. That provision was removed from Chapter 37.