CODE OF STUDENT CONDUCT STUDENT DISCIPLINE TEC CHAPTER 37 CODE OF STUDENT CONDUCT SCHOOL SUPPORT SERVICES 713-556 7140

STUDENT DISCIPLINE AGENDA 82ND LEGISLATURE TEC CHAPTER 37 CODE OF STUDENT CONDUCT DAEP/JJAEP ON-LINE APPLICATION Elementary/Secondary DAEPs QUESTIONS/CONCERNS

82ND LEGISLATURE HB 1666 clarifies that someone commits an offense of the Penal Code if that person poses as someone else via social networking or any Internet site, including posting or sending messages. HB 359 adds a new requirement to law regarding the use of corporal punishment in the discipline of students. Board of Education policy prohibits corporal punishment as a disciplinary method within the Houston Independent School District. Certain physical acts against a student by school personnel (such as choking, kicking, punching, pinching, hitting with an object, etc.) are not authorized and will be considered as a violation of the corporal-punishment policies when used as a disciplinary measure. continued

82ND LEGISLATURE SB 49 amended Section 37.008 of the Education Code by adding subsection (l–1) requiring school districts to ensure parents of students placed in DAEP are informed in writing of the opportunity to complete coursework required for graduation and the available methods for completing the required coursework at no additional cost to the student. (Sample Letters) HB 968 adds to the acts that require mandatory* DAEP placement or optional expulsion the felony offense of aggravated robbery that occurs off campus and while the student is not attending a school-sponsored or school-related activity. continued

82ND LEGISLATURE HB 2118 and SB 331 address synthetic compounds of controlled substances as listed in the Health and Safety Code. These lists now designate common look-alike drugs known as K2, spice, and bath salts as controlled substances. SB 407 provides the definition of cyberbullying as the use of any electronic communication device to engage in bullying or intimidation. continued

82ND LEGISLATURE HB 1224 amends Section 37.007(b) of the Education Code to include as an expellable offense conduct that contains the elements of breach of computer security if the student accesses a district network or system and the student knowingly alters, damages, or deletes school district property or information or commits a breach of any other computer, computer network, or computer system. SB1416 defines a tire deflation device and adds it to the list of prohibited weapons requiring mandatory expulsion. continued

82ND LEGISLATURE HB 1942. Defines Bullying, meaning engaging in written or verbal expression, expression through electronic means, or physical conduct that occurs on school property, at a school-sponsored or school-related activity, or in a vehicle operated by the district and that: (1)has the effect or will have the effect of physically harming a student, damaging a student ’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student ’s property; (2) is sufficiently severe, persistent, and pervasive that the action or threat creates an intimidating, threatening, or abusive educational environment for a student; (3) exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct; and (4) interferes with a student ’s education or substantially disrupts the operation of a school. continued

82ND LEGISLATURE Retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying is prohibited. Further, discipline shall not be imposed on a student who is the victim of bullying if it is determined that the student used reasonable self-defense in response to bullying. Upon receipt of a complaint of bullying, the administrator shall promptly notify the guardian of the allegation. Upon request of the guardian, the student shall be referred to a counselor for assessment and to determine what counseling options may be appropriate. continued

82ND LEGISLATURE Transfer of Students Who Have Engaged in Bullying: Students who engage in bullying may be transferred to another classroom at the campus to which the victim was assigned at the time the bullying occurred; or a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred. Students with disabilities may only be transferred in accordance with the discipline procedures applicable to students with disabilities as specified in Tex. Educ. Code, Sec. 37.004. continued

BULLYING RESOURCE: http://stopbullying.gov/ Have procedures in place Bullying Behavior vs label of Bully VERBAL ABUSE vs BULLYING Prevention begins with School Climate Future training Only for DOCUMENTED CASES OF BULLYING that result in out of school suspension, in-school suspension, and/or DAEP placement = 1 incident number & 2 event/reason codes: PEIMS 21 and Local BB. RESOURCE: http://stopbullying.gov/ continued

On-line Resources Cyber-bullying, Appropriate Online Behavior, and Social Networking resources: Common Sense Media - http://www.commonsensemedia.org/educators   NetSmartz Program - http://www.netsmartz.org/Educators continued

TEC Chapter 37 TEC CHAPTER 37 is the driving force behind all campus-based disciplinary decisions and it is the framework on which the HISD Code of Student Conduct is based. http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.37.htm EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE G. SAFE SCHOOLS CHAPTER 37. DISCIPLINE; LAW AND ORDER continued

Chapter 37: Four Things to Remember Students have a right to an education, even if they misbehave at school. Parents/Students have a right to know the why & the what & the consequences of their behavior(s) and they have a right TO APPEAL. Students have a legally protected right to DUE PROCESS. THE sending school is accountable for the student even after removal – CAMPUS OF ACCOUNTABILITY. continued

Chapter 37 – Main Thing to Remember CHAPTER 37 IS ABOUT EDUCATION AND SCHOOL SAFETY – NOT ABOUT CRIME AND PUNISHMENT. *Any removal from the regular educational setting has a negative impact on the student removed: At-risk for future academic/social failure At-risk of dropping out At-risk of future involvement with the judicial system *Breaking Schools’ Rules: A Statewide Study of How School Discipline Relates to Students’ Success and Juvenile Justice Involvement – July 2011 - Council of State Governments Justice Center continued

Considerations In Decision to Remove CHAPTER 37 - HB 171: Self-defense Intent or lack of intent at the time the student engaged in the conduct The student’s disciplinary history The student’s age Any inability to understand consequences School safety continued

After Considerations Are Reviewed School administrator can choose to follow the requirements of the Code and remove off campus or can choose not to remove off campus and only take on-campus disciplinary actions or no action at all. Mandatory disciplinary action NOT taken because Code allows self defense, lack of intent, student’s disciplinary history, or disability to factor in decision. – PEIMS ACTION CODE 28 Offense and all other actions taken must be posted on Chancery. continued

PEIMS Action/Consequence Code 28 The use of this code should be the exception and should rarely be used. The date of this decision should be in close proximity to the date of the offense. (i.e., CROSSROADS) The use of ACTION code 28 is student-focused! And should not be used because the staff failed to follow through with a referral or were negligent in following proper procedures. The use of ACTION code 28 must be well documented and must relate to one or more of the factors listed. PEIMS ACTION CODE 27 vs 28. continued

Implications of The Law Do not focus on the mis-behavior in isolation… Look at the whole student, the whole situation… Make an informed decision… CONSIDER ALL ALTERNATIVES… continued

APPROVED BY SCHOOL BOARD Code of Student Conduct APPROVED BY SCHOOL BOARD Establishes standards for conduct Specifies circumstances, under which a student may be removed or must be removed* to a DAEP or expelled to a JJAEP Protects the rights of students to DUE PROCESS Provided upon enrollment Parent/Student must sign, date and return the acknowledgement page of the CODE. continued

Changes to The Code Updates to HISD’s policy of non-dicrimination to include gender identity and gender expression. Clarification of policies regarding network security including breach of security charges (Penal Code 33.02) Prohibiting the possession of pepper spray continued

Changes to The Code Addition of enhanced bullying prohibitions in accordance with State Law Inclusion of timelines for the administration of disciplinary actions Addition of aggravated assault to the Title 5 felonies continued

Removal To A DAEP PROCEDURES: Provide the student with due process. Decisions to assign a student to a DAEP shall not be made until a formal conference has been scheduled and held with the parent. (CONFERENCE VS. NOTIFICATION) The conference should be scheduled within three (3) days from the date of the offense and should be held within seven (7) days from the date of the offense. Letter to parent within 3 days after the conference is held. continued

Requirements of Removal LETTER to the parent must state: the specific charge/offense/ misbehavior, the disciplinary action to be taken, the length of placement, secondary schools – continuation of courses Date of Conference APPEALS process Must be in the language of the parent whenever possible… continued

Expulsion to The JJAEP Requires HEARING - should be scheduled within three (3) days from the date of the offense and should be held within seven (7) days from the date of the offense. Letter scheduling hearing OR signed waiver to HEARING & APPEALS LETTER OF EXPULSION (stating offense, date of hearing, length of expulsion…) continued

Discipline Record - Chancery Identify student behavior and action to be taken – INCIDENT NUMBER (several students/several actions) Description Details: who, what, when, where be precise be accurate Post case #’s in appropriate place – ADDITIONAL INCIDENT DETAILS continued

IT’S IN THE DETAILS… Assault – what kind, against whom (PEIMS Reason Code 27/28) – actual charge. Drugs – misdemeanor/felony – enhancement – 300 feet. (Codes 04, 36, 54) Knife – what kind? Intent? (Codes 50, 12, 14) Gun – Gun Free Act Report (Codes 11, 51) Dangerous Campus Codes - TEA Enhancements Victim of Violent Crimes Continuations…(different action codes) continued

Code – Level III REQUIRED* In/Out of school Suspension Placement DISCRETIONARY DAEP Placement Most are Reason/Event PEIMS Code 21 (exceptions fighting 41, possession of knife 50, smoking 33, MCM 22, Bullying BB) continued

PEIMS Reason/Event Code 21 The majority of disciplinary actions involve general Code of Student Conduct violations resulting In School Suspension (ISS-06) and Out of School Suspension (OSS-05) Part of a day is considered a whole day for ISS and OSS. ISS is limited to five (5) days unless waiting for DAEP or JJAEP placement OSS maximum is 3 days (state law) continued

Level IV: REQUIRED* Removal To A DAEP A student shall* be removed and referred to a DAEP for any conduct listed under Level IV of the Code. *Determining factors HB 171 *documentation from a law enforcement agency is required for many Level 4 offenses. continued

LV 4: PEIMS REASON/EVENT CODE 21 NO POLICE REPORT NEEDED ◦Possession of ammunition or bullets (repeated) ◦Possession of a BB gun, pellet gun, or air rifle ◦Possession of a stun gun · ◦Possession of a replica of a gun - ◦Use of computers to tamper with HISD records - ◦HISD-related computer hacking - Criminal activity: (police involvement) Burglary of an HISD facility –(criminal) Defacing of school property with graffiti (<$20,000) Gang participation (criminal) Possession of drug paraphernalia –(criminal) (PEIMS 02 – conduct punishable as felony) continued

AGAIN, consider the student, situation, factors… Length of Placement AGAIN, consider the student, situation, factors… Elementary 15 days… Secondary 30, 45, 60, 90, or 180 days? End with semester? One size does not fit all… continued

Again, first look at the whole child and circumstances. TRUANCY TRUANCY will be dealt with not through referral to a DAEP, but by referral to the courts for enforcement of compulsory attendance laws – Again, first look at the whole child and circumstances. Referral to student Caseworkers – Office of Student Engagement 713-556-7071 continued

The DAEP/JJAEP ONLINE REFERRAL APPLICATION continued

First things first – is your data entered? The discipline data must be entered into chancery with the appropriate action code (ex: 07 ALTR for DAEP, 02-EJJA for JJAEP) in order to use this system for a referral. An overnight upload must take place for chancery to “speak” to the online DAEP system – please keep this in mind A checkmark must be placed in chancery in the EVENT/CONCERN DETAIL SCREEN showing that this student was involved continued

Event/Concern Detail Screen A checkmark is needed on this screen continued

Log-in to The System http://prodnet.houstonisd.org/DAEP/Referrals.aspx Administrators or those who have administrative responsibilities have access Here you will be prompted for your HISD username and password (this is your portal password) Do not forget an overnight upload must take place between chancery input and utilizing the system continued

Students will appear under “campus referrals” – if the student is not listed, it means the student’s data is not in chancery. Do not select “find a student” – you should NEVER have to search for a student if chancery data is correct. continued

Select The Student continued

This is a DAEP referral – fields in yellow are filled out by chancery data continued

Secondary Select Number of Days If placement is to end with the end of a semester, select that here continued

Elementary DAEP – 15 Days continued

Elementary Only - Date of SIO Approval Level 3 offenses require SIO approval, level 4 offenses do not continued

Add Your Phone Number And Submit continued

You’ll get an error message Special note: The referral will not submit without a phone number and number of days entered You’ll get an error message continued

Print For Your Records This form will appear if you submitted successfully. This is your record of the DAEP referral – print it and place a copy in the student’s discipline folder. continued

What Happens Next? We’ll be notified when you submit a referral and we will update the status The status will read “initial” when first entered, you will need to see a message notification to indicate we’ve processed it (more on this next) Data entered in chancery will not show on the online system until it has updated overnight – please keep this in mind continued

Status Updates CLICK IT! When the status has been updated, you will see this notification It reads “new message” CLICK IT! continued

Reading A Message The new message is listed here, along with all of the other messages about this referral This message contains information from me – please read! This message is automatically generated with a status change – NO INFO HERE continued

Just click OPEN continued

Here you will see the information that is needed Hit reply and type your response. If this message states there has been a status update, please locate the message with the information from our office – the status update is automatically generated, it will give you NO specific information continued

Your initial screen will show you the status of referrals. You can ALWAYS check the status of your referrals Please utilize this function! continued

Approval When the referral is approved, you will get an email notification Print the email notification, put it in the student’s file If you need a copy of the approval, go to HISTORICAL and print the last message for the student – it is the approval email continued

How Is An Expulsion Different? (from a DAEP referral) It really isn’t. Remember – you must use the correct action code in Chancery for an expulsion (most often it is 02 EJJA). The screen shots follow: continued

A student you wish to expel will have a Select the student A student you wish to expel will have a different screen pop up when you select that student (this is based on the data YOU entered into Chancery) continued

Here you see “expelled” student. You have to select mandatory or discretionary continued

Select where the offense occurred continued

You must indicate the expulsion Dates: From ?- To ? continued

Expulsion Submitted This form will appear if you submitted successfully. This is your record of the expulsion referral – print it and place a copy in the student’s discipline folder. continued

The system you use is the same for a DAEP referral and an expulsion Special notes: The messaging system works the same for an expulsion and for a DAEP referral. The system you use is the same for a DAEP referral and an expulsion continued

Other Info You can access “historical” data for your campus by selecting “historical” on your main screen continued

A list of all the referrals made by your campus will appear. continued

Historical Menu Drop down with school year continued

What about Special Education Students? For DAEP referrals, we need: The MDR, last annual ARD, and the Special Education form The Special Education form must be signed by the designated people in the SIO office. JJAEP referrals need: MDR supplement, minutes and signature page only. (NEW SPECIAL ED APPLICATION ??) continued

APPROVAL the After AFTER The APPROVAL continued 64

Beechnut Academy (CEP) Staff Patrice Grovey – HISD Coordinator Julia Guajardo Barrow – CEP Regional Director Dr. Dianne Reed – CEP Principal @ Beechnut Academy (Campus #303) 7055 Beechnut, 77074 713-394-3500 continued

Beechnut Academy (CEP) HISD Contacts: Patrice Grovey pgrovey1@houstonisd.org Claudia Coronado – (HISD CLERK) ccoronad@houstonisd.org Mary E. Hahn (HISD Clerk) mhahn@houstonisd.org Telephone Numbers 713-802-4760 or 713-696-7351; FAX 713-713-802-4768 CEP CONTACTS: BEECHNUT ACADEMY – 713-394-3565 Records Requests - Amelia McElreath -713-394-3534 & FAX: 713-270-7413 Route # 9 continued 66

HISD / Beechnut Academy (CEP) for Secondary Students Follows the Secondary Guidelines for Registration Student must have Withdrawal sheet from home school (complete with grades) PGP Information Students are enrolled in Chancery. Proof of residency Valid ID / Birth Certificate / etc… BEECHNUT ACADEMY-SW –713-394-3565 continued 67

dmay1@houstonisd.org 713-434-4700 x392 713-434-5294 (fax) Special Education A PLACEMENT ARD must be held. HISD Alternative Schools Special Education Senior Manager: Holly Ortego – hortego@houstonisd.org Itinerant Teacher: Dianne May  dmay1@houstonisd.org 713-434-4700 x392 713-434-5294 (fax) Student Withdrawals from Beechnut Academy 1. Students will only be withdrawn on Friday. 2. In August & January students are given a letter which replaces the actual withdrawal form. Students do not have to return to Beechnut Academy to get a withdrawal form. continued 68

Student Withdrawals (continue) 3. Students will not be released the last 2 weeks of the fall/spring semester. (If you want to withdraw students during this period, please send me an email.) Early Release Request 1. The request must come from an administrator. 2. Request should be e-mailed using the Early Request Form 3. Early Released students will only be released on Friday. 120 Day Reviews 1. Parents make request for 120 day review. contact person – Cynthia Clayton -713-394-3543 2. Principals are notified via email about the review. 3. Reviews are scheduled at the end of every six weeks. Suspension of Enrollment/Withdrawals Dates during Testing (HISD Portal) continued 69

Claudia Coronado Assigned to Work with the Following Schools Middle Schools Attucks Black Clifton Cullen Deady Dowling Edison Fleming Fondren Fonville Grady Hamilton Hartman Henry Hogg H. Sch. Ahead Holland Jackson Johnston Kaleidoscope High Schools Austin Bellaire Carnegie Challenge E.C. Chavez Davis DeBakey East E. College HSPVA Houston Academy for International Studies International HS @ Sharpstown Jones Jordan Kashmere Lamar E-Stem MS/HS Hope Mt. Carmel Provision All Girls Prep. continued

Beth Hahn Assigned to Work with the Following Schools Middle Schools Key Lanier Las Americas Burbank Long Marshall McReynolds Ortiz Ortiz Pershing Pin Oak Revere Ryan Sharpstown Stevenson Sugar Grove Thomas Welch Westbriar Williams Dominion Project Chrysalis High Schools Lee Madison Milby Reagan North Hou. E. College Houston Scarborough Sharpstown South Early College Sterling Waltrip Washington Westbury Westside Wheatley Worthing Yates Devry/CLC Liberty New Aspirations continued

Referral Contact – Before Approval & DISCIPLINE QUESTIONS Luis Gavito – lgavito@houstonisd.org Lisa Perez – lperez6@houstonisd.org OFFICE PHONE: 713-556-7140 FAX: 713-556-7282 ON-LINE Referral Application: HTTP://PRODNET.HOUSTONISD.ORG/DAEP/REFFERALS.ASPX HISD Employee/Administrators Portal – HISD Application Links – DAEP Referral continued

Elementary DAEP Elementary DAEP @Eliot 6411 Laredo St. , Houston, Texas 77020 - CAMPUS #: 466 CONTACT: Schwer, Matthew E MSCHWER@houstonisd.org continued 73

HISD Portal Resources Under Department Information – “D” - Discipline Process – Student Discipline Tutorial (ppt) Suspension of Enrollment 2011 DAEP Special Education Student Supplement Form* (.pdf) CEP Student Withdrawal Form CEP Required Student Information CEP Early Release Form DAEP/JJAEP Removal Checklist Knife Guidelines Chart Notice of DAEP Assignment (Engl/Span) Notice of Expulsion (Engl/Span) Notice of Recommended Expulsion (Engl/Span) Notice of Expulsion: Hearing Waived (Engl/Span) Sample Removal Conference Script Waiver Letter (Parents) continued

RESOURCES HISD PORTAL: CODE: PDF –STUDENT REQUIREMENTS SAFE & DRUG FREE SCHOOLS POLICE DEPARTMENT