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Federal and Sate Compliance

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1 Federal and Sate Compliance
PEIMS Discipline Federal and Sate Compliance

2 PEIMS Discipline Introduction: Data Standard Revisions
Lesson 1: Discipline Overview Lesson 2: Reporting Discipline in Chancery Lesson 3: Discipline Reports Lesson 4: Required Documentation and Manual Records Reviews

3 Training Objective: Participants will learn about any updates regarding submission of PEIMS discipline records, 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 manual records review.

4 Data Standard Revisions: What is required if a student brings a firearm to school?
In accordance with federal law (20 U.S.C. Section 7151), a local educational agency (LEA), including a school district, home-rule school district, or open-enrollment charter school, shall expel a student who brings a firearm, as defined by 18 U.S.C. Section 921, to school. The student must be expelled from the student’s regular campus for a period of at least one year, except that: (a) the superintendent or other chief administrative officer of the school district or of the other LEA, as defined by 20 U.S.C. Section 2891, may modify the length of the expulsion in the case of an individual student; (b) the district or other LEA shall provide educational services to [the] an expelled student in an alternative education program as provided by TEC § if the student is younger than 10 years of age on the date of expulsion; and (c) the district or other LEA may provide educational services to an expelled student who is older than 10 years of age in an alternative education program as provided in TEC § TEC (a)(1) requires that a school expel a student whose conduct contains the elements of the offense of “Unlawfully Carrying Weapons” on school property or while attending a school-sponsored or school related activity on or off of school property.

5 Data Standard Revisions: Campus Behavior Coordinator?
Under the requirements of Senate Bill 107, 84th legislature, TEC , each campus must have a staff person designated as the Campus Behavior Coordinator. The person designated may be the principal of the campus or any other campus administrator selected by the principal. The campus behavior coordinator is primarily responsible for maintaining student discipline and the implementation of this subchapter. The campus behavior coordinator is required to promptly notify a student's parent or guardian if the student is placed into in-school or out-of-school suspension, placed in a disciplinary alternative education program, expelled, or placed in a juvenile justice alternative education program or is taken into custody by a law enforcement officer. A campus behavior coordinator must comply with this subsection by: (1) promptly contacting the parent or guardian by telephone or in person; and (2) making a good faith effort to provide written notice of the disciplinary action to the student, on the day the action is taken, for delivery to the student's parent or guardian. If a parent or guardian entitled to notice of a student’s disciplinary removal has not been reached by telephone or in person by 5 p.m. of the first business day after the day the disciplinary action is taken, the campus behavior coordinator must mail written notice of the disciplinary action to the parent or guardian at the parent's or guardian's last known address. If a Campus Behavior Coordinator is unable or not available to promptly provide the required notice to a parent or guardian of a student, the principal or other designee shall provide the notice.

6 Data Standard Revisions:
Deletions: Disciplinary Reason Codes 43: Truancy (Failure to attend School) – Student is a least 12 years old with at least 3 unexcused absences – TEC 50: Used, Exhibited, or Posssed a non-illegal knife as defined by Student Code of Conduct and as allowed under TED (Knife blade equal to or less than 5.5 inches) Deletions: Disciplinary Action Codes 16: Truancy (Failure to attend school) charges filed in Juvenile Municipal or Justice of the Peace court and a fine was assessed. 17: Truancy (Failure to attend school) charges filed in Juvenile Municipal or Justice of the Peace Court and no fine was assessed.

7 Texas Education Code (TEC) 37.008(m-1)
Under 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.

8 Introduction to the PEIMS 425 Record
425 record data is required by TEC, Chapter 37, P.L No Child Left Behind (NCLB), and the Individuals with Disabilities Education Improvement Act (IDEA) 2004, which includes students who are receiving special education and related services. 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. 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.

9 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 ( in & out of school ) DAEP assignments Expulsions to the Juvenile Justice Alternative Education Program DAEP & JJAEP Continuations HB requires school districts to provide notice to a foster child’s educational decision-maker and caseworker regarding certain events that may significantly impact the child’s education.

10 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 § § ). 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.

11 Removal of Students who Receive Special Education and Related Services
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.

12 Behavior Location Code
Behavior Location Code 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

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

14 Important Timelines Please be mindful of the important timelines below: Enter discipline from the First Day of School through the Last Day of School. Enter discipline as soon as it occurs. Joe: Please refer to the important timelines on the chart below. Important Timelines Last Day, Last School Year (SY) /8/2012 School Start Window /27 – 9/28/2012 Snapshot (no relation to leavers) /26/2012 Edit+ Presumed Under-Reported Students list (Students who were reported during the , but not reported anywhere during current school start window) December 2012 Student Searches Should be Complete /10/2013 Resubmission Early January 2013 TEA Publishes Dropout Completion Lists Mid June 2013 Appeals Deadline Mid August 2013 Ratings Update Late October 2013 (Advance to the next screen)

15 Coding Overview PEIMS Data Standards, 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.

16 PEIMS vs Chancery PEIMS Chancery Disciplinary Action Reason Code
Event/Concern Disciplinary Action Code Action Actual Days Assigned Total Time Required* Actual Days Served Previously Completed Difference Code Discrepancy Reason Behavior Location Code Location Category *NOTE – Time required must be changed to DAYS and not the default time of HOURS… In other words change the HOURS to DAYS.

17 Types of Disciplinary Codes
LOCAL Codes 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 Codes 02 – Conduct punishable as a felony *04 – Possessed, sold, used, or was under the influence of marihuana or other controlled substance *05 – Possessed, sold, used, or was under the influence of an alcoholic beverage 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 Charts have a complete list of disciplinary codes. *Review the Student Discipline Reason/Event Code 21 and 04, 05 – Discipline Behaviors/Violations chart for the expanded list of codes.

18 Mismatch PEIMS/Local Codes
There must be no mismatch of codes: The Disciplinary Action Reason (offense) code and the Disciplinary Action (consequence) code must all have either PEIMS codes or LOCAL codes. Error: Correct

19 STUDENT DISCIPLINE REASON/EVENT CODE 21 and 04, 05: (DISCIPLINE BEHAVIORS/VIOLATIONS) CHART.

20 Discipline Action Reason Codes that result in Mandatory Removal to a DAEP (07)
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 The Offenses-Consequences Charts have a complete list of disciplinary action reason codes. *Review the Student Discipline Reason/Event Code 21 and 04, 05 – Discipline Behaviors/Violations chart for the expanded list of codes.

21 Discipline Action Reason Codes that result in Mandatory Expulsion – JJAEP (02) Danger Campus Indicators (CAMPUS-RELATED) 11 – Brought a Firearm to School – Unlawful carrying of a Handgun 12 – Unlawful Carrying of an Illegal knife 13 – Unlawful Carrying of a Club 14 – Conduct Containing the Elements of an Offense relating to Prohibited Weapons 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)

22 Truancy House Bill 2398, 84th legislative session decriminalized truancy moving the statutes from the Criminal Code of Procedures to the Texas Family Code. However, the Parent Contributing to Truancy law under TEC remains a potential criminal (Class C Misdemeanor). A PEIMS 425 record on truancy can only be generated when a Truancy Complaint is filed in Court. If the court hearing does not occur during the school year (i.e. summer months) in which the truancy complaint was 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.

23 Truancy: (Reason Codes 42, 44, and 45) and (Action Code 29) (REVISION) Appendix D page E.17
Truancy (failure to attend school) – Parent contributing to truancy – TEC § Parent Contributing to Truancy – TEC §25.093(a) If a warning is issued as required by TEC §25.095(a), the parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Family Code §65.003(a) the parent commits an offense. 44 Truancy (failure to attend school) – Student with 10 unexcused absences – Family Code §65.003(a) - Truant Conduct - A child ages engages in truant conduct if the child is required to attend school under TEC §25.085, and fails to attend school on 10 or more days or parts of days within a six- month period in the same school year. 45 Truancy –Failure to Enroll in School – TEC § Compulsory School Attendance - TEC §25.085(b) Unless specifically exempted by TEC §25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 19th birthday shall attend school. 29 Truancy Complaint Filed in Truancy Court (Includes County Court, Justice of the Peace Court, or Municipal Court)

24 Truancy:

25 Disciplinary Action Assigned Date
Date of Disciplinary Action is the date that the disciplinary assignment was ordered. This date may or may not: Differ from the disciplinary infraction date. 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 a PEIMS error. The date must be within the school calendar year.

26 Lesson 2: Reporting Discipline in Chancery
In this lesson, participants will receive a brief overview on reporting student discipline information in Chancery. Reporting Discipline in Chancery

27 Reporting Discipline in Chancery
NOTE: Any other path may result in different incident numbers for parts of the same incident and will result in PEIMS errors. 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. The SMS automatically assigns an incident number to the incident record. This incident number CAN NOT BE EDITED. First, record a discipline incident record by going to Student Behavior in the control panel. The following screens will walk you through the proper method of entering disciplinary events into Chancery SMS.

28 Reporting Discipline in Chancery
Select “Student Behavior” from the Control Panel.

29 Reporting Discipline in Chancery
From the Actions menu, select “Add Student Behavior”.

30 Required Discipline Information

31 Required Discipline Information
Note – Incident Number and Date of Incident appear at the top.

32 Selecting School Students
Enter student name

33 Selecting School Students
Select student by checking the box next to the student’s name.

34 Reporting Discipline in Chancery
A PEIMS reportable incident can only have ONE event/concern. Choose the most severe to assign to the incident.

35 Reporting Discipline in Chancery
Click “Add” to include the action codes.

36 Reporting Discipline in Chancery

37 Reporting Discipline in Chancery

38 Entering Number of Days
Note – Time required must be changed to DAYS and not the default time of HOURS. In other words, change the DAYS to HOURS.

39 Entering Campus of Assignment/Responsibility
Campus of Assignment is required for 06, 07 and 02. The Date Action Assigned field MUST have a date for all PEIMS actions reported.

40 Required Discipline Information
Required for weapons cases. Required for weapons cases. Required for all expulsions. Required for all expulsions.

41 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.

42 Lesson 3: Discipline Reports
In this lesson, you will learn about the Chancery and Summer PEIMS reports available to help schools maintain accurate data.

43 Chancery Reports Discipline Roster
Chancery path: Home / Student Behavior / Display All Records / Printer Icon / (options) / Print H_Out of School Suspension Chancery path: Home / Reports / Student Behavior Reports / H_Out of School Suspension

44 Summer PEIMS Reports Student Disciplinary Action Summary
Campus ID of Accountability Roster

45 Entering and Reviewing Data
Enter data as soon as it is received. DO NOT wait an extended period of time. Review Certify Discipline Scorecard – correct all errors Review Edit+ reports during April and May for the Summer PEIMS Submission. Repeat all steps throughout the school year.

46 Certify Discipline Student Behavior Scorecard
Click “here” the blue link to get to the logon page

47 Logon using your network username id and password

48 DATA Certification Scorecard

49 Lesson 4: Required Documentation and Manual Records Reviews
In this lesson, participants will learn how to: access the resources available to help schools accurately document student disciplinary events and actions; and prepare for Federal and State Compliance reviews and/or Texas Education Agency audits. Joe: Lesson 3: Explanation of Leaver Codes In this lesson, you will learn the expanded definitions of PEIMS Leaver codes. In addition, you will learn more about the HISD local mover codes. (Advance to the next screen) Federal and State Compliance Federal and State Compliance

50 Required Documentation – Discipline Referral
Discipline Referral Form REQUIRED for Every Student that is REMOVED from his/her instructional setting. The HISD Discipline Referral Template (highly recommended) is on the Federal and State Compliance website. The HISD Discipline Referral Template Fulfills all TEA PEIMS requirements. Is used for HISD compliance review purposes and should be the “cover page” for all disciplinary actions. Requirements for All Discipline Referral Forms Student demographic information Description of incident Chancery incident number PEIMS Reason and Action codes Days and dates assigned for consequences Discrepancy Reason (if applicable) Police incident number (if applicable to offense) Administrators Administrators must sign and date all referral forms in ink. No signature stamps. Administrators should be cognizant that they—not clerical staff—are responsible for documenting the coding.

51 Required Documentation – Discipline Referral
The HISD Discipline Referral Template Fulfills all TEA PEIMS requirements. Is used for HISD compliance purposes and should be the “cover page” for all disciplinary actions.

52 Out-of-School Suspension (OSS)
05 (Full Day) or 25 (Partial Day) Out – of – School Suspensions should rarely exceed three (3) days for each offense. Documents Required in Student’s Discipline Folder: Discipline Referral Form Completed with all required PEIMS elements and the administrator’s signature and date. Template available on the Federal and State Compliance website. Copy of the Out-of-School Suspension letter Addressed to the parent, signed and dated by administrator with a description of the offense(s) and action(s) taken, including the dates and the number of days assigned). Letters available on the Federal and State Compliance website. What we look for during a review. See sample forms Resources available on FSC website or as indicated.

53 In-School Suspension (ISS)
06 (Full Day) or 26 (Partial Day) In-School Suspensions should rarely exceed five (5) days for each offense. A student awaiting placement in a DAEP or JJAEP may be assigned an In-School Suspension exceeding five (5) days. Documents Required in Student’s Discipline Folder: Discipline Referral Form (Original) Completed with all required PEIMS elements and the administrator’s signature and date. Template available on the Federal and State Compliance website. In-School Suspension Letter (Copy) Addressed to the parent, signed and dated by administrator with a description of the offense(s) and action(s) taken, including the dates and the number of days assigned). Letters available on the Federal and State Compliance website. What we look for during a review. See sample forms Resources available on FSC website or as indicated.

54 District Alternative Education Program(DAEP) (07)
Student must be at least six (6) years old Documents Required in Student’s Discipline Folder: Completed with all required PEIMS elements and the administrator’s signature and date. Discipline Referral Form (Original) Printed from the online DAEP system. Only administrators have access to the application. DAEP referral (Copy) Addressed to the parent, signed and dated by administrator, stating the beginning and end date of the placement and a description of the appeals process. DAEP Placement Letter (Copy) from the DAEP administrator that includes the length of the student’s placement. DAEP Approval or Rejection What we look for during a review. See sample forms Resources available on FSC website or as indicated.

55 Juvenile Justice Alternative Education Program – JJAEP (02)
Student must be at least ten (10) years old Documents Required in Student’s Discipline Folder: Completed with all required PEIMS elements and the administrator’s signature and date. 1. Discipline Referral Form from the DAEP administrator that includes the length of the student’s placement. 2. Copy of approval/rejection Addressed to the parent, signed and dated by administrator. The letters are on the Student Discipline website. 3. Copy of Letter of Recommended Expulsion 4. Copy of the expulsion letter Documentation of an MDR’s findings and signature page(s). 5. For Special Education Students: Copy of the victim parental letter must be on file with the appropriate signatures. The letters are on the Student Discipline website. 6. For Student Victims: What we look for during a review. See sample forms Resources available on FSC website or as indicated. HB requires school districts to provide notice to a foster child’s educational decision-maker and caseworker regarding certain events that may significantly impact the child’s education.

56 Truancy (29) Documents Required in Student’s Discipline Folder:
Three (3)day letter 10-day letter Letters Court case filed Documentation of Court Action with a verdict of truancy (Not required until after court verdict). Court-Related Documents What we look for during a review. See sample forms Resources available on FSC website or as indicated. NOTE – No charges against students younger than 12, or 18 years or older. Parents of students younger than 18 can be charged.

57 Discipline Resources Federal and State Compliance, Appendix E: Additional Information Related to Discipline PEIMS Data Standards Student Attendance Accounting Handbook Texas Education Code Chapter 37 Student Discipline Department, DAEP/JJAEP Documentation and Placement Information DAEP/JJAEP Online Referral Application - for HISD Administrators only HISD Code of Student Conduct Texas Education Agency, Days Remaining Chart Discipline Referral Template ISS/OSS Parent Notification Letters Offenses-Consequences Chart Preparing for a Discipline Compliance Review guide Training Materials

58 Contacts Federal and State Compliance Department, 713-556-6753
Data Team Cathleen Freeman, Sr. Compliance Analyst (Alternative & Contract Charter Schools), Pablo Martinez Sr. Compliance Analyst (Elementary and Secondary Schools), Neysa Ewing, Sr. Student Information Representative, Carmen Aguilar, Sr. Student Information Representative, Angela Tillmon, Sr. Student Information Representative, Elizabeth Salazar, Sr. Student Information Representative (Middle Schools), Rosemary Fuentes, Sr. Student Information Representative (High Schools), Compliance Reviews Irma Hasnain, Sr. Compliance Analyst, Joyce Jones, Sr. Compliance Analyst, Jeff McCoy, Sr. Compliance Analyst, Veda Winfree, Sr. Compliance Analyst, DAEP/JJAEP Process Luis Gavito - Department of Student Discipline, Patrice Grovey, HISD Principal for Beechnut Academy,

59 Questions?


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