Discipline and PEIMS How They Work Together

Discipline and PEIMS During this workshop we will cover: Texas laws and updates regarding submission of PEIMS discipline records PEIMS Timelines PEIMS Vocabulary PEIMS Coding PEIMS Disciplinary Actions Addressed in the Student Attendance Accounting Handbook PEIMS Student Restraint Reporting

Texas Law Requiring Discipline Reporting Texas Education Code (TEC) 37.008(m-1) Under TEC 37.008(m-1), failure to report all disciplinary removals as required by state and federal law may result in a review by the commission of education and notice to the local school board of any problems noted in the district’s data, or a violation of a law or other rule. This review may also result in a notification to the county attorney, district attorney, criminal district attorney, as appropriate, and the attorney general. This provision can apply to missing, inaccurate, and/or falsified information/data. Reporting is required to be through the Public Education Information Management System (PEIMS).

Texas Law Requiring Discipline Reporting Texas Education Code (TEC) 37.008(m-1) For purposes of discipline data reported to TEA, The attendance/PEIMS data personnel are only responsible for entering information that has been provided to them by the Superintendent or their designee(s) who are responsible for applying the Student Code of Conduct to student behavior. In no case should attendance/PEIMS data personnel be responsible for determining a student’s coding information for discipline actions taken. A PEIMS discipline record must be reported for each disciplinary action that results in a removal of a student from any part of their regular academic program. A single student will have multiple discipline records if removed from his classroom more than once.

Introduction to PEIMS Discipline A PEIMS record must be reported for each disciplinary action that results in the removal of a student from any part of their regular academic program. A single incident/offense may result in multiple disciplinary actions. In such cases, multiple records must be reported for each action taken against a particular student for a particular incident/offense. Discipline records are reported at the end of the current school year, and are a part of PEIMS Submission 3. For purposes of discipline data reported to TEA, the attendance/PEIMS data personnel are only responsible for entering information that has been provided to them by the Superintendent or their designee(s) who are responsible for applying the Student code of Conduct to student behavior. In no case should attendance/PEIMS data personnel be responsible for determining a student’s coding information for discipline actions taken.

Removal Categories Every disciplinary action that results in the removal of a student from any part of their regular academic program will be categorized in one of the following general categories: Suspensions (Both Out of School and In-School) DAEP assignments Expulsions to the Juvenile Justice Alternative Education Program DAEP & JJAEP Continuations

Removal of Students who Receive Special Education and Related Services For disciplinary removals of a student who is receiving special education and related services from the student’s current educational placement, a change of placement occurs if the removal is for more than 10 consecutive days (CFR 300.530-300.536). The ARD committee that deals with the change of placement must review the student’s IEP to detail the special education and related services to be administered to the student while he is removed for discipline reasons. Be careful not to confuse the 10-day change of placement requirement for special education purposes with the 1-day removal requirement for 425 record reporting purposes.

Removal of Students who Receive Special Education and Related Services A discipline record is required for all students who are receiving special education and related services and are removed from their regular scheduled classes for one day or more. A change of placement occurs when the removal is for more than 10 consecutive days, and a change of placement may occur when the removal is for more than 10 cumulative days in a school year based on factors such as the length of each removal, the total amount of the time the child is removed, and the proximity of the removals to one another. An ARD committee must be involved when the removal or series of removals constitute a change in placement.

PEIMS Timelines

PEIMS Timelines School Start Window – Last Friday in September PEIMS Snapshot – Last Friday in October PEIMS Fall (Collection 1) – Staff Information, Budget Information, Student Enrollment Information and leaver data PEIMS Midyear (Collection 2) – Finance actual data for the prior year PEIMS Summer (Collection 3) – Student Enrollment Information, Student Attendance, Student Course Completion, Student Discipline, Teacher Course, Restraint and Title 1 Part A PEIMS Extended Year (Collection 4) – Special Education Extended Year Services, LEP Summer School for students going into KG and 1st grade, Course Completion Information on students completing Dual Credit Courses during the Summer and Optional Flexible School Day Attendance

PEIMS Disciplinary Vocabulary

PEIMS Discipline Vocabulary Disciplinary Action Reason Code – indicates the reason a student was subject to a disciplinary action (what the student did). Disciplinary Action Code – indicates the type of disciplinary action taken for a student (what the Administrator Assigned). Official Length of Disciplinary Assignment – indicates the official length in days of a student’s disciplinary assignment. Include only instructional school days. Actual Length of Disciplinary Assignment – indicates the actual length in days of a student’s disciplinary assignment. Include only the actual number of instructional school days that the student was in attendance when calculating this number. Do not include days absent.

PEIMS Discipline Vocabulary Disciplinary Length Difference Reason Code – indicates the reason for the difference in the number of days assigned and the actual number of days served. Disciplinary Incident Number – designates an incident that occurs on a campus and results in one or more disciplinary actions for one or more students. If, on a single campus, more than one student is involved in an incident that results in disciplinary action(s) the records for all the students must show the same incident number. Reporting Period Indicator Code – indicates the attendance cycle for which the attendance data is being reported.

PEIMS Discipline Vocabulary Date of Disciplinary Action – indicates the date on which the disciplinary assignment was ordered. This may or may not reflect the date on which the disciplinary infraction occurred. This date reflects the date that the Administrator assigned the Discipline Action. For continuation assignments this date reflects the first day of the school year of the continuation. Campus ID of Disciplinary Responsibility – indicates the instructional campus on which the student was enrolled when the student code of conduct violation occurred and the disciplinary assignment was made, or for a continuation disciplinary assignment the campus that the student would attend under all normal circumstances if not under a disciplinary assignment.

PEIMS Discipline Vocabulary Behavior Location Code - indicates where a student committed an applicable offense that is enumerated in Texas Education Code 37.006 or 37.007). (On/off campus, school related activities, etc.) Code Table C190 of the PEIMS Data Standards 00 Not Applicable 01 On Campus 02 Off Campus, but within 300 feet of campus property line 03 Off Campus, but at a school sponsored or school related activity 04 Off Campus, and further than 300 feet from the campus boundary (Student was not in attendance at a school sponsored or school related activity) 05 On campus of another school district, or while in attendance at a school sponsored or school related activity of another school district

PEIMS Coding

PEIMS Coding 2016-2017 TEDS http://www.texasstudentdatasystem.org/TSDS/TEDS/ESCs_LEAs_Using_PEIMS/ Section 8.2 PEIMS Data Submission Requirements Appendix 8.E of the TEDS (Texas Education Data Standards) includes additional information related to discipline reporting. Additional Information regarding Disciplinary Alternative Education Program (DAEP) Conferences, Expulsion Hearings, Placement Reviews, and Other Actions Additional Information Related to Discipline Action Reason Codes TSDS PEIMS Chart for determining Mandatory and Disciplinary DAEP Placements and Expulsions

Appendix 8.E Additional PEIMS Reporting Information Regarding Disciplinary Alternative Education Program (DAEP) Conferences, Expulsion Hearings, Placement Reviews and Other Actions What is required if a student brings a firearm to school? What is a Campus Behavior Coordinator? What is required in order to send a student to a Disciplinary Alternative Education Program? What is required in order to expel a student? What is the maximum length for an out-of-school suspension placement? What is required if a student’s DAEP placement will extend beyond the end of the next grading period? What is required if the student’s DAEP placement will extend beyond the end of the current school year and into the next school year?

Appendix 8.E Additional PEIMS Reporting Information Regarding Disciplinary Alternative Education Program (DAEP) Conferences, Expulsion Hearings, Placement Reviews and Other Actions What is required regarding special education students who commit behaviors that require a disciplinary removal action? What is the minimum age that a student can be placed in a Disciplinary Alternative Education Program? What is the minimum age that a student can be expelled? What are the required procedures for using Discipline Action Reason Code 23 – Emergency Placement/Emergency Expulsion? What are the requirements for keeping documentation under Article 15.27, Code of Criminal Procedure received from law enforcement personnel investigating alleged criminal behaviors at/for a school? How should a school handle situations where a student(s) have committed multiple violations in the course of one disciplinary event?

Appendix 8.E Additional PEIMS Reporting Information Regarding Disciplinary Alternative Education Program (DAEP) Conferences, Expulsion Hearings, Placement Reviews and Other Actions What should a school do if a student attempts to withdraw from school before a disciplinary removal action has been determined for a particular incident? What part of Texas Education Code Chapter 37 must a charter school follow? What is in In-School Suspension setting? When is it appropriate to use Discipline Action Code 13 – Court Ordered Placement to a JJAEP and 14 – Court Ordered Placement to a DAEP? Please explain the Discipline Action reason Code 01 – Permanent Removal from Class by a Teacher. What are the consequences of a school not reporting its discipline removal events through the Texas Student Data System PEIMS submission on the 44425 Student Discipline Interchange data?

Appendix 8.E Additional PEIMS Reporting Information Regarding Disciplinary Alternative Education Program (DAEP) Conferences, Expulsion Hearings, Placement Reviews and Other Actions Which LEAs are required to participate in the county run Juvenile Justice Alternative Education Program (JJAEP)? What options exist for an LEA that expels a student in a county that does not have a JJAEP? How do I report a disciplinary incident involving a switchblade knife? What is the definition of an Off-Campus DAEP? What is the definition of an On-Campus DAEP?

Appendix 8.E Additional Information Related to Discipline Action Reason Codes This table gives you more detail on the Discipline Reason Codes along with information from the Texas Education Codes, Health and Safety Codes and Penal Codes. The next slide is an example of additional information for Discipline Reason Code 04 – Marihuana or Controlled Substance or Dangerous Drug. This includes information from the Health and Safety Code.

Appendix 8.E Additional Information Related to Discipline Action Reason Codes

Appendix 8.E Additional Information Related to Discipline Action Reason Codes Below is an example of Discipline Action Reason Code 11 – Brought a Firearm to School – TEC 37.007(e) or Unlawful Carrying of a Handgun under Penal Code 46.02 – TEC 37.007(a)(1) 18 U.S.C. Section 921

Appendix 8.E TSDS PEIMS Chart of determining Mandatory and Disciplinary DAEP Placements and Expulsions Please go to this link: http://www.texasstudentdatasystem.org/TSDS/TEDS/TEDS-PEIMS_Appendices/ Click on Appendix 8:E PEIMS Additional Information Related to Discipline The Appendix will load as a PDF document

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PEIMS Discipline Actions Addressed in the Student Attendance Accounting Handbook

Discipline – Student Attendance Accounting Handbook – Special Education 4.6 Interim Alternative Educational Placements If special education services prescribed in a student’s IEP are provided while the student is placed in an appropriate interim alternative education setting (for example, in-school suspension or disciplinary alternative education program), special education contact hours may be claimed. If special education services are not provided, special education contact hours must not be claimed. This restriction includes short-term removals of not more than 10 consecutive or cumulative school days. (See 10.6.2 Disciplinary Removals of Students with Disabilities for more information on disciplinary removals of students with disabilities.)

Discipline – Student Attendance Accounting Handbook – Special Education 10.6.2 Disciplinary Removals of Students with Disabilities The education services provided to a special education student removed to a disciplinary placement are to be provided following the requirements of the 2-through-4-hour rule (see 3.2 Membership and Eligibility for Attendance and Foundation School Program (FSP) Funding and 3.2.1 ADA Eligibility Coding). Where services provided do not meet the requirements of the 2-through-4-hour rule, the student’s ADA eligibility code is 0 Enrolled, Not in Membership. A student must not be removed to a homebound setting (instructional setting code 01). Your district must determine the student’s instructional setting code based on the percentage of time the student is removed from the general education setting. Note that a special education student’s instructional setting will not change as a result of his or her placement in a DAEP.

Discipline – Student Attendance Accounting Handbook – Career Tech 5.4 Career and Technical Education Withdrawal Procedures CTE contact hours must not be claimed when a student receiving CTE services is placed in a disciplinary setting (for example, in-school suspension or disciplinary alternative education program) for more than 5 consecutive days if the same amount and type of CTE services are not provided by a CTE teacher. After 5 consecutive days without CTE services being provided, district personnel must remove the student from the TSDS PEIMS 42401 record for CTE contact hours effective the first day of placement in the disciplinary setting. In other words, your district may place a student in a disciplinary setting for up to and including 5 consecutive days and continue to claim CTE contact hours even though no CTE services are provided to the student. A student may earn state graduation credit for a CTE course if the student continues to work on the course even though direct CTE instruction is not provided during periods of disciplinary removal.

Discipline – Student Attendance Accounting Handbook – Bilingual or ESL 6.5.1 Eligible Days Present and Students Placed in a Disciplinary Setting Bilingual or ESL education program eligible days present must not be claimed when a student receiving bilingual or ESL education program services is placed in a disciplinary setting (for example, in-school suspension or disciplinary alternative education program) for more than 5 consecutive days if the same amount and type of bilingual or ESL education program services are not provided by a bilingual or ESL education program teacher. After 5 consecutive days without bilingual or ESL education program services being provided, district personnel should remove the student from the Public Education Information Management System (PEIMS) 400 record for bilingual education or ESL program contact hours effective the first day of placement in the disciplinary setting.

PEIMS Student Restraint Reporting

Student Restraint Data The Student Restraint Data record captures the restraint data for: 1) the restraints of all students that are administered by school district police officers and school resource officers working with a LEA under a local MOU, and 2) special education students that are restrained by school district/charter school employees and volunteers. Texas Education Code §37.0021 and TAC 89.1053(b)-(c). Please refer to TAC 89.1053 for additional operational rules related to the management of special education student restraint events.

Student Restraint Data School staff persons performing student restraints are divided into two categories: 1) LEA employees or volunteers, and 2) LEA police officers or school resource officers (SRO). LEA employees or volunteers are not law enforcement personnel. Student restraints performed by these staff are only reported if the student was a special education student at the time of the restraint event. Do not report non-special education student restraints performed by LEA employees or volunteers. LEA police officers are licensed peace officers who are employed by a police department created by a particular LEA school board. School Resource Officers (SRO) are licensed peace officers who are employed by a state, county, or municipal law enforcement agency who through contract with a school district or charter school provide a police presence at a school district or charter school, or at a school campus.

Student Restraint Data The Student Restraint record is collected in Submission 3 only. For each student reported on a Student Restraint record, there must be a 400 Student - Basic Attendance Record or 500 Student Flexible Attendance record with a matching STUDENT-ID. The data entered on the Student Restraint record for a particular restraint event should reflect current data for the student as of the time the restraint event occurred.

Student Restraint Data Do not report student restraint events that are performed by law enforcement personnel who are not employed by a LEA police department or who are not serving as an SRO under a MOU with a LEA. A school district shall report electronically to the agency information relating to the use of restraint by a peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity. A report submitted under this rule must be consistent with the requirements as documented in the PEIMS Data Standards Student Restraint data. LEA police officers are licensed peace officers who are employed by a police department created by a particular LEA school board. School Resource Officers (SRO) are licensed peace officers who are employed by a state, county, or municipal law enforcement agency who provide a police presence at a school district or charter school, or at a school campus.

Student Restraint Data

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