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

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

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 (i.e. suspension) from the regular educational setting has a negative impact on the student removed especially if there is no follow-up that includes positive reinforcements: At-risk for future academic/social failure At-risk of disengagement At-risk of dropping out of school 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

STOP – Before Decision is Made *House Bill 171 (TEC - Section 37.001(a)): Before recommending removal of a student the following factors must be given due consideration: A) Self-defense; B) Intent or lack of intent at the time the student engaged in the conduct C) A student's disciplinary history; or D) A disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct. continued

YOU HAVE A CHOICE! 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. 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 misbehavior 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

REMINDERS HISD Bus transportation is a school related activity. BULLYING provisions and procedures for investigation of alleged bullying incidents to provide consistency between HISD Board Policy, state law and the Code of Student Conduct PUBLIC PORTAL: http://www.houstonisd.org/cms/lib2/TX01001591/Centricity/Domain/15184/2012-13CodeEnglish.pdf continued

BULLYING RESOURCE: http://stopbullying.gov/ Have procedures in place VERBAL ABUSE vs BULLYING Prevention begins with School Climate On-line 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

Procedures for Teacher Removal of Students The Campus Placement Review Committee will make a determination as to whether the student may be returned to the removing teacher’s class. The student may not be returned to the teacher’s class without the teacher’s consent unless the committee determines that such placement is the best or only placement available. In the case of Special Education students, the decision on placement may be made only by a duly constituted Admission, Review, and Dismissal Committee. (CODE PAGES 18 – 19) (TEC Sec. 37.002) (FOA(LEGAL) continued

PLACEMENT REVIEW COMMITTEE Committee members shall be appointed as follows: Campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and The principal shall choose one member from the professional staff of a campus. The teacher refusing to readmit the student may not serve on the committee. 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 – ONE INCIDENT NUMBER (several students/several actions) Description Details: who, what, when, where be precise be accurate BEHAVIOR LOCATION CODE 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) Knife – what kind? Intent? (Codes 50, 12, 14) Gun – Gun Free Act Report (Codes 11) 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

LEVEL V Expulsions require police report JJAEP = Harris county Order of Expulsions go to County officials Discretionary vs mandatory

GUIDELINES - SECONDARY DAEP Length of Placement AGAIN, consider the student, situation, factors… GUIDELINES - SECONDARY DAEP ELEMENTARY DAEP 15 DAYS JJAEP minimum 45 days End with semester? Natural transitional point! 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 continued

What about Special Education Students? Discipline of Students Receiving Special Education Services continued

SPECIAL ED A student with disabilities is one who has been determined by an Admission, Review, and Dismissal/Individual Education Plan (ARD/IEP) Committee as having a non-categorical early-childhood condition, intellectual disability, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, and who, because of those impairments, needs Special Education and related services. continued

Suspension Students with disabilities may be suspended out of school in the same manner as nondisabled students for a period not to exceed three (3) school days per occurrence so long as the total number of days of cumulative suspensions does not constitute a change in placement. Note: Over ten (10) cumulative days constitutes a change in placement. continued

MDR/ARD If personnel seek to discipline in a manner that will remove a student from his or her current placement for more than 10 days, the school shall convene an ARD/IEP Committee to conduct a manifestation determination review (MDR). This includes out of school suspension, in-school suspension, DAEP placement, or Expulsion to the Juvenile Justice Alternative Education Program (JJAEP). continued

MDR Committee The MDR ARD/IEP Committee shall include a licensed psychologist, licensed specialist in school psychology, or other professional who is qualified to interpret the instructional implications of any evaluations that may be presented at the ARD. continued

MDR Review The ARD/IEP Committee shall review all available information to determine: (a)whether the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or (b)whether the conduct in question was the direct result of a failure to implement the IEP. continued

MDR Review If the ARD/IEP Committee determines that either (a) or (b) is applicable for the student, the conduct shall be determined to be a manifestation of the child’s disability. continued

45 Day Rule Consistent with the Code, school personnel may remove a student to an DAEP or JJAEP for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the student’s disability, in cases where a student: continued

45 Day Rule 1)carries or possesses a weapon to or at school, on school premises, or to or at a school function under the jurisdiction of a school district; (2)knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school; or (3)has inflicted serious bodily injury* upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or local education agency. continued

Serious Bodily Injury Serious bodily injury means bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty as defined by 18 U.S.C. Section 1365(h)(3). continued

Negative Finding If determination is made that the behavior was not a manifestation, student is subject to the same disciplinary actions as non-disabled students. PLACEMENT ARD *NOTE: Students in Behavior Support Centers HISD Legal Office – Special Ed Questions Hans Graff, Asst. General Counsel, 713-556-7245 continued

DAEP ON-LINE APPLICATION (ON-LINE TUTORIAL)

APPROVAL the After AFTER The APPROVAL continued 40

Beechnut Academy Staff Patrice Grovey – HISD Coordinator Beechnut Academy (Campus #303) 7055 Beechnut, 77074 713-394-3500 CAMELOT SCHOOLS OF TEXAS continued

Beechnut Academy 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 BA CONTACTS: BEECHNUT ACADEMY – 713-394-3565 Records Requests - -713-394-3534 & FAX: 713-270-7413 Route # 9 continued 42

713-434-5294 (fax) Special Education A PLACEMENT ARD must be held. HISD Alternative Schools Special Education Senior Manager: Holly Ortego – hortego@houstonisd.org 713-434-4700 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. ELEMENTARY DAEP – ELLIOT ELEMENTARY continued 43

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 PUBLIC PORTAL > DEPARTMENTS> STUDENT DISCIPLINE http://www.houstonisd.org//Domain/15184 continued

REFERRALS NOT COMPLETED