Fall Training Federal and State Compliance PEIMS Discipline

2  Introduction  Lesson 1: Discipline Overview  Lesson 2: Discipline Documents and Resources  Lesson 3: Reporting Discipline in Chancery  Lesson 4: Discipline Reports  Lesson 5: Preparing for a Texas Education Agency (TEA) Audit or Federal and State Compliance Review Lessons:

Introduction 3

 The purpose of this course is to provide participants with an overview of the Texas laws and updates regarding submission of PEIMS discipline records. You will also learn about online discipline resources, PEIMS Data Standards codes, Chancery SMS coding, and how to prepare documentation for a Texas Education Agency (TEA) audit or Federal and State Compliance review. Introduction

 Under Texas Education Code (TEC) (m-1), failure to report all disciplinary removals and truancy actions as required by state and federal law may result in a review by the commissioner 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. Texas Education Code (TEC) (m-1)

 425 record data is required by TEC, Chapter 37, P.L No Child Left Behind (NCLB), and IDEA 2004, which includes students who are receiving special education and related services. TEA will maintain the privacy of this personally identifiable information in accordance with FERPA.  A PEIMS 425 record is required for each disciplinary action taken against any student which results in the removal from his regular classroom or when truancy charges have been filed against a student and/or his parent. 6 Introduction to the PEIMS 425 Record

 Multiple violations are sometimes committed in the course of one disciplinary event. The appropriate code to use in this event is the offense code representing the most serious violation. DO NOT make multiple entries in the Discipline Reason Code field.  Multiple consequences are frequently administered for a single offense. A PEIMS 425 record must be recorded for each disciplinary action that results in a removal.  425 records are reported at the end of the current school year, and are a part of PEIMS Submission 3. 7 Introduction to the PEIMS 425 Record

 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  DAEP assignments  Expulsions to the Juvenile Justice Alternative Education Program  DAEP & JJAEP Continuations 8 Removal Categories

 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 § § ). 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. 9

 A 425 record is required for all students who are receiving special education and related services and are removed from their regularly 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. 10

Behavior Location Code (new) indicates where a student committed an applicable offense that is enumerated in Texas Education Code or (On/off campus, school related activities, etc…). –C190 code added (Behavior Location Codes) 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 11

 51 – Firearm (Off Campus 300 ft Zone)  52 – Illegal Knife, Club, Or Prohibited Weapon (Off Campus 300 ft Zone)  53 – Serious Offense Conduct (Off Campus 300 ft Zone)  54 – Felony Marihuana, Controlled Substance, Dangerous Drug, Or Alcoholic Beverage (Off Campus 300 ft Zone) 20 – Serious or Persistent Misconduct Violating the Code of Conduct while in DAEP 12

59 – Serious Misbehavior as defined by TEC while expelled or placed in a DAEP TEC §37.007(c) defines "serious misbehavior" as: (1) deliberate violent behavior that poses a direct threat to the health or safety of others; (2) extortion, meaning the gaining of money or other property by force or threat; (3) conduct that constitutes coercion, as defined by Section 1.07, Penal Code; or (4) conduct that constitutes the offense of: – (A) public lewdness under Section 21.07, Penal Code; – (B) indecent exposure under Section 21.08, Penal Code; – (C) criminal mischief under Section 28.03, Penal Code; – (D) personal hazing under Section ; or – (E) harassment under Section 42.07(a)(1), Penal Code, of a student or district employee. 13

Lesson 1: Discipline Overview 14

In this lesson, you will learn about important timelines, PEIMS vocabulary and how to use codes appropriately. Lesson 1 – Discipline Overview

Last Day, Last School Year (SY)June 8, 2012 SnapshotOctober 26, 2012 School Start WindowAug 27 – Sept 28, 2012 Under Reported Student ListDecember 2012 Student Searches CompletedJanuary 20, 2013 PEIMS ResubmissionMid January 2013 TEA Publishes Dropout ListMid June 2013 Please refer to the important timelines on the chart below. Important Timelines

Coding Overview  PEIMS Data Standards are available on the TEA web site:  Go to:  Next to “codes,” enter one of the following:  “C164” for Disciplinary-Action Codes  “C165” for Disciplinary-Action-Reason Codes  “C166” for Disciplinary-Length-Difference-Reason Codes  “C190” for Behavior-Location-Code  Appendix E of the PEIMS Data Standards provides additional information related to discipline reporting that includes detailed definitions of DISCIPLINARY-ACTION-CODES and DISCIPLINARY-ACTION-REASON-CODES.

 DISCRETIONARY means that your campus “may send”  MANDATORY means that your campus “must send”  PEIMS 425: (CHANCERY) ◦ DETAILED DESCRIPTION ◦ POLICE DOCUMENTATION 18 PEIMS Vocabulary

PEIMS nomenclature compared to Chancery nomenclature 19 PEIMS Vocabulary PEIMSChancery Disciplinary Action Reason CodeEvent/Concern Disciplinary Action CodeAction Actual Days AssignedTotal Time Required* Actual Days ServedPreviously Completed Difference CodeDiscrepancy Reason Behavior Location CodeLocation Category *NOTE – Time required must be changed to DAYS and not the default time of HOURS… In other words change the HOURS to DAYS.

There are two types of Disciplinary Codes: 20 Types of Disciplinary Codes LOCAL (non-numbered) ASCO – Administrator/student parent conference ASPC – Administrator/student/parent conference BUSP – Removal of bus privileges CNTR – Behavior or conduct contract COUN – Referral to drug-free schools counselor and/or appropriate agency DENT - Detention OSCV – Student Code of Conduct Violation PCON – Parent Conference PEIMS (numbered) 02 – Conduct punishable as a felony 04 – Possessed, sold, used, or was under the influence of marihuana or other controlled substance 06 – In school suspension 11 – Used, exhibited, or possessed a firearm 21 – Violation of student code of conduct 26 – Terroristic threat 41 – Fighting/Mutual Combat (Must involve 2 or more students from the same campus) The Offenses-Consequences Chart has a complete list of disciplinary codes. AND

o With the exception of the Local Bullying Event/Concern, there must be no mismatching of codes: The Disciplinary Action Reason (offense) code and the Disciplinary Action (consequence) code must all have either PEIMS codes or LOCAL codes. o DO NOT mix PEIMS codes with LOCAL codes for any one incident, unless you are using the Bullying code along with a PEIMS code. 21 Mismatching PEIMS/Local Codes

 Local Bullying Coding ◦ In the case of Bullying, a new local discipline code, BB, has been defined. This code should be used in all cases determined to be bullying. ◦ When the discipline action taken for the bullying incident removes the student from his regularly scheduled classroom, you must use a PEIMS code such as 21-Code of Conduct Violation or 28-Assault under Penal Code to explain the reason for the removal. You should also assign the local code BB to indicate that this event involves bullying. ◦ If the event did not result in removal from class, the local code for bullying may be used with another local Action Code such as ASCO-Adm Stu or Parent Conf. 22

 02 – Felony (school related)  04 – Possession, selling, or under the influence of a controlled substance- DAEP or JJAEP  05 – Possession, selling, or under the influence of alcohol - DAEP or JJAEP  06 – Abuse of a volatile chemical – DAEP or JJAEP  07 – Public lewdness - DAEP  08 – Retaliation against district employee – DAEP or JJAEP  22 – Criminal mischief – DAEP or JJAEP  26 – Terroristic threat – DAEP or JJAEP  27 – Assault against employee – DAEP or JJAEP (with bodily injury)  28 – Assault against non-employee – DAEP (with bodily injury) (Victim Letter required)  34 – school related gang violence - DAEP  35 – False alarm, false report – DAEP  49- Engages in deadly conduct – DAEP  55/56 – Required to register as a sex offender – DAEP 23 Discipline Action Reason Codes that result in Mandatory Removal to a DAEP (07) The Offenses-Consequences Chart has a complete list of disciplinary action reason codes.

 11 – Possession of a firearm  12 – Possession of illegal knife  13 – Possession of illegal club  14 – Possession of prohibited weapon as listed in Code  16 – Arson  17 – Murder  18 – Indecency with a child (Victim Letter required)  19 – Aggravated kidnapping (Victim Letter required)  29 – Aggravated assault against employee  30 – Aggravated assault against non-employee (Victim Letter required)  31 – Sexual assault against employee  32 – Sexual assault against non-employee (Victim Letter required)  36 – Drug-related felony  37 – Alcohol-related felony  46 – Aggravated robbery  47 - Manslaughter  48 – Criminally negligent homicide  57 – Continuous sexual abuse of a young child (Victim Letter required) 24 Discipline Action Reason Codes that result in Mandatory Expulsion – JJAEP (02) Danger Campus Indicators

 Truancy reporting is a federally mandated requirement under No Child Left Behind (NCLB).  A PEIMS 425 record on truancy can only be generated after the court has made a finding of truancy.  If the court hearing does not occur during the school year (i.e. summer months) in which the truancy charges were filed, a truancy entry should NOT be made in Chancery for the current school year. A truancy record could be filed the following school year only if the student enrolls and is in attendance in the district the following year with the first date of enrollment as the date of the disciplinary action.  If the court makes a finding against both the parent and the student, a PEIMS 425 record is required of the student. Schools have the option of entering a PEIMS 425 record for the parent with a different incident record.  If the court makes a finding against only the parent and not the student, a PEIMS 425 record is entered for the parent. 25 Truancy (42, 43, 44, 45)

Date of Disciplinary Action is the date that the disciplinary assignment was ordered. This may or may not reflect the date on which the disciplinary infraction occurred. This date may or may not reflect the date on which the disciplinary assignment begins. For continuation assignments, this date reflects the first day of the continuation. The date must be PRIOR to the student’s withdrawal from school. A date equal to or later than the withdrawal date will result in an error in Edit+. The date must not exceed either the student’s withdrawal date nor the school calendar. 26 Disciplinary Action Assigned Date

Lesson 2: Discipline Documents and Resources 27

In this lesson, you will learn about the documents and resources available to help schools accurately report student disciplinary events and actions. Lesson 2 – Discipline Documents and Resources

29 Texas Education Code Chapter 37 TEA Student Attendance Accounting Handbook TEA PEIMS Data Standards TEA Appendix E: Additional Information Related to Discipline Online Discipline Resources Texas public schools have several resources available to help them accurately code student discipline data and maintain appropriate documentation. These resources include:

30 HISD Board Policy HISD Code of Student Conduct Federal and State Compliance web site Data Quality Manual Days Remaining Chart Elementary Guidelines HISD Discipline Referral Template Offenses – Consequences Discipline Chart Secondary Guidelines Online Discipline Resources In HISD, schools have these additional resources available to support data quality:

31

HISD Discipline Referral Template Notice of In-School Suspension Notice of Out-of-School Suspension Notice of DAEP Assignment (High-school letter) Notice of DAEP Assignment (Elementary and middle school letter) Notice of Recommended Expulsion Waiver Letter Notice of Expulsion (Hearing Waived) Notice of Expulsion Victim of Violent Crime Letter 32 Schools can download the forms below from the FSC web site. These forms are also available in the HISD Data Quality Manual. Signed copies of these forms should be kept the student’s discipline folder as appropriate.

 Schools should use a discipline referral form with all required PEIMS elements to document administrative designations of discipline coding.  Administrators should be cognizant that they—not clerical staff—are responsible for documenting the coding. 33

The HISD Discipline Referral Template fulfills all TEA PEIMS requirements. The form is used for HISD compliance review purposes and should be the “cover page” for all disciplinary actions. 34 HISD Discipline Referral Template Location Codes Mandatory Action Not Taken Reason

Send this notification to the parents of students to whom you have given an ISS assignment. 35 Notice of In-School Suspension (ISS)

Send this notification to the parents of students to whom you have given an OSS assignment. 36 Notice of Out-of-School Suspension (OSS)

Send this notification to the parents of high-school students to whom you have given a DAEP assignment. 37 Notice of DAEP Assignment (High School Letter)

Send this notification to the parents of elementary and middle school students to whom you have given a DAEP assignment. 38 Notice of DAEP Assignment

Send this notification with the Waiver Letter to the parents of students for whom you have recommended expulsion and for whom you have scheduled a hearing. 39 Notice of Recommended Expulsion

Send this notification as an attachment to the Notice of Recommended Expulsion letter to the parents of students for whom you have recommended expulsion. If signed by the parent, keep a copy of the notification in the student’s discipline folder. 40 Waiver Letter

Send this notification to parents who waived the rights to a hearing and an appeal for a recommended expulsion. 41 Notice of Expulsion (Hearing Waived)

Send this notification to the parents of students who are being expelled and for whom you have held a hearing. 42 Notice of Expulsion

Send this notification to the parents of students who have been victims of a violent crime. 43 Victim of Violent Crime Letter

44 Offenses & Consequences Chart The Offenses-Consequences chart provides a summary of PEIMS discipline coding, appropriate options and reminders regarding required documentation. Refer to this chart when determining appropriate PEIMS discipline coding and appropriate disciplinary actions (consequences).

45 Days Remaining Chart The Days Remaining Chart is used to determine the length of DAEP and JJAEP placements.

Lesson 3: Reporting Discipline in Chancery 46

In this lesson, you will receive a brief overview on reporting student discipline information in Chancery. Lesson 3 – Reporting Discipline in Chancery

 Instinctively, users would get to choose the student involved in an incident, go to the student’s Behavior Screen, and then add the incident. If another student was involved, the same procedure would again guide the user to choose the next student and try to merge the student into the previously created incident.  Chancery does NOT function in this manner.  The following screens will walk you through the proper method of entering disciplinary events into Chancery SMS. 48

49 Reporting Discipline in Chancery First, record a by going to Student Behavior in the control panel. First, record a discipline incident record by going to Student Behavior in the control panel. The SMS automatically assigns an incident number to the incident record.. The SMS automatically assigns an incident number to the incident record. This incident number CAN NOT BE EDITED. By creating the incident record first and then adding the students involved, you will ensure that all persons involved and all actions taken will have the same incident number as required by PEIMS. By creating the incident record first and then adding the students involved, you will ensure that all persons involved and all actions taken will have the same incident number as required by PEIMS. NOTE: NOTE: Any other path may result in different incident numbers for parts of the same incident and will result in PEIMS errors.

50 Reporting Discipline in Chancery Select the Student Behavior from the Control Panel.

51 Reporting Discipline in Chancery From the Actions menu, select add Student Behavior.

52 50 Non-Illegal Knife Required Discipline Information

53 50 Non-Illegal Knife Required Discipline Information Note – Incident # and Date of Incident appear at top.

54 50 Non-Illegal Knife R eporting Discipline in Chancery Behavior Location Codes

55 R equired Discipline Information Required for weapons cases Required for all expulsions

56 Required Discipline Information Request from the police officer who issued the ticket. Make sure to have detailed written information (.i.e. type of assault – with bodily injury)

57 50 Non-Illegal Knife Selecting School Students Enter student name

58 50 Non-Illegal Knife S electing School Students Select student by clicking.

59 50 Non-Illegal Knife R eporting Discipline in Chancery A PEIMS reportable incident can only have ONE event/concern. Choose the most severe to assign to the incident.

60 Displaying Campus Discipline Student List Display Campus Records: Select Student Behavior Display All Records Note: For PEIMS reporting, Event and Action REQUIRE a PEIMS number

61 Entering Number of Days

62 Entering Campus of Assignment/Responsibility

Lesson 4: Discipline Reports 63

In this lesson, you will learn about the Chancery and Federal and State Compliance reports available to help schools maintain accurate data. Lesson 4 – Discipline Reports

◦ Discipline Roster  Home / Student Behavior / Display All Records / Printer Icon / (options) / Print ◦ H_Out of School Suspension ◦ H_Incomplete DAEP Placement (at beginning of year) ◦ TX 425 Record Edit  Home / Reports / Student Behavior Reports / TX 425 Record Edit 65 Chancery Reports

1) (425XX) – Hours Report [Hours should be changed to Days] 2) (42507) – Campus Assignment Must not be Blank 3) (42508) – Reason is “00” but Days Assigned and Days Completed Don’t Match 4) (42509) – Days Match but Reason Not “00” 5) (42510) – Campus of Responsibility Must be JJAEP 6) (42515) – OSS must not have a Campus of Assignment 7) (42526) – Unauthorized Student Expulsion 8) (42553) - Campus ID of Responsibility Must not be JJAEP 9) (42567) – OSS Exceeding Three (3) Days Suspension 66 FSC – Generated Reports

1) ISS Exceeding 5 days 2) 27 or 28 Action Codes 3) Campus of Assignment must not be blank 4) Campus of Responsibility must not be JJAEP 5) Dates not Within the School Calendar 6) Gun Report 7) Mandatory DAEP 8) Mandatory Expulsions 9) Mismatched Local Codes & PEIMS Codes 10) Victim of Violent Crimes 11) Mutual Combat in Incident Order 12) Truancy Reports 67 Other FSC Reports

Enter data as soon as it is received. DO NOT wait an extended period of time. Run the Chancery TX 425 Edit Roster and correct any errors. Review the Chancery Discipline Roster – correct any errors and/or omissions. Review local reports created by the Federal and State Compliance department. Review Edit+ reports during April and May for the Summer PEIMS Submission. Repeat all steps throughout the school year. 68 Schedule for Entering and Reviewing Data

Lesson 5: Preparing for a TEA Audit or FSC Review 69

In this lesson, you will learn how to prepare documentation for a Texas Education Agency (TEA) audit or Federal and State Compliance review. Lesson 5 – Preparing for a TEA Audit or Federal and State Compliance Review

 There should be a discipline folder for each student with a PEIMS Discipline Record labeled with student’s full name, ID and grade level.  Documents for each incident are grouped together and should include the following: 1)Referral Template matching the discipline record 2)Action Date – the date the administrator took action 3)Report Date – the date of the incident 4)Administrative assignment of offense 5)Administrative assignment of consequence 6)Administrative signature & date (original in ink) 7)Incident Number 8)Assigned Days, Actual Days 9)Difference Code 71 Preparing for a TEA Audit or FSC Review

Requirements:  Three (3)day letter  10-day letter  Court case filed  Documentation of court action  Note: No charges against students younger than 12, or 18 years or older. Parents of students younger than 18 can be charged. 72 Truancy

Requirements: o Referral Form o Notice to Parent o No longer than five (5) days – an exception for those students pending placement to a DAEP/JJAEP 73 In-School Suspension (ISS – 06)

Requirements:  Referral Form  Notice to Parent  No longer than three (3) days (state law) 74 Out-of-School Suspension (OSS – 05)

Requirements:  Referral Form  Student is at least six (6) years old  Police Report number if placement is mandatory  Copy of DAEP Approval / Rejection (all referrals are now made online via the HISD portal)  Notice to Parents 75 DAEP Placement (07)

Requirements:  Referral Form  Student is at least ten (10) years old  Assigned to Campus #320  Notice to Parents  Final Written Order on File  Waived Document signed by both parent and student 76 Expulsion (JJAEP– 02)

Contacts Proper coding and/or data issues Federal and State Compliance Department, Jose Cavazos, Senior Compliance Analyst (Alternative & Contract Charter Schools), Cathleen Freeman, Senior Compliance Analyst (Elementary Schools), Pablo Martinez, Senior Compliance Analyst (Secondary Schools), Compliance Monitoring/Reviews Joyce Jones, Senior Compliance Analyst, Jeff McCoy, Senior Compliance Analyst, Veda Winfree, Senior Compliance Analyst, DAEP/JJAEP Process Luis Gavito, Department of Student Discipline, Patrice Grovey, HISD Principal for Beechnut Academy,