BROOKESMITH

BROOKESMITH

Independent School District

2009-2010

Student Code of Conduct

Adopted by the Brookesmith I.S.D. Board of Trustees

July 22, 2009

Purpose of a Student Code of Conduct............................................... 59

Expectations for Student Behavior...................................................... 59

General Authority to Impose Discipline............................................. 59

Discipline of Students with Disabilities................................................ 60

Prohibited Conduct.............................................................................. 60

Disciplinary Consequences.................................................................. 63

Physical Restraint................................................................................. 65

Corporal Punishment........................................................................... 65

In-School Suspension........................................................................... 65

Detention.............................................................................................. 65

Suspension............................................................................................ 66

Formal Removal from Class by Teacher............................................. 66

Disciplinary Alternative Education Program...................................... 66

Expulsion.............................................................................................. 74

Summer School……………....………………….…….………….….…...78

Definitions.................................................................................. ……..78

Title 5 Felony Offense Chart………….…………………..…….………...91

Options and Requirements for Providing Assistance to

Bus Riders Rules and Regulations…………………….….…………......93

The Student Code of Conduct that follows is the District’s response to the requirements of Chapter 37 of the Texas Education Code. The law requires the District to establish standards of student conduct and to identify the circumstances under which a student may be removed from a classroom, campus, or disciplinary alternative education program, transferred to a disciplinary alternative education program, suspended, or expelled. The Code provides information to parents and students regarding expectations for behavior, consequences of misconduct, and procedures for administering discipline.

We provide you a copy of or access to the Code annually; a copy is also available for review in the principal’s office, the superintendent’s office and the library. The Code is posted on the District’s website http://brookesmith.netxv.net/and can be accessed or printed at any time from that site. If you do not have access to a computer, the principal’s office will provide one for you, upon request.

This Code is not a contract and can be amended by the District at any time. However, any change or amendment to the Code will be approved by the Board of Trustees.

Violations of the Code of Conduct are documented by teachers and other professional employees.

Teachers and principals may impose campus or classroom rules in addition to those found in the Student Code of Conduct. These rules may be posted in classrooms or given to the student and may or may not also constitute violations of the Student Code of Conduct.

Expectations for Student Behavior

l Be prepared for each class; take appropriate materials and assignments to class.

l Be well-groomed and dressed appropriately, as articulated in the Brookesmith I.S.D. student handbook.

l Respect the rights and privileges of other students and of teachers and other district staff.

l Cooperate with or assist the school staff in maintaining safety, order and discipline.

The Texas Legislature has delegated the authority to manage independent school districts and discipline students to the Board of Trustees and its employees. The school has the authority to administer discipline whenever the interest of the school is involved, on or off school property, in conjunction with or independent of classes and school-sponsored activities. The District’s disciplinary authority applies:

l during the regular school day and while the student is going to and from school on District transportation;

l while the student is participating in any activity during the school day on school grounds;

l while the student is in attendance at any school-related activity of the District, regardless of time or location;

l while the student is on school property of another Texas school district or attending a school activity of a school in another Texas school district;

l when the student retaliates or threatens retaliation against a school employee, regardless of time and location;

l when the district has a reasonable belief that the student has engaged in conduct that would be punishable as a felony, as provided by Texas Education Code § 37.006;

l when the student is involved in criminal mischief on or off school property or at a school-related event;

l when the student makes a false alarm or report of bombing, fire, or other emergency involving a public school, regardless of time or location;

l when the student makes a terroristic threat involving a public school, regardless of time or location; and

l when the student commits aggravated robbery against another student, regardless of time or location.

l All District facilities, any other real property that is owned, rented, or leased by the District, and the area within 1,000 feet of any of those facilities is a gang-free zone under state law. The penalties from the juvenile or criminal justice systems for certain organized criminal activity occurring within a “gang-free zone” will be enhanced. See “Gang-Free Zones” in the Definitions, p.79, for more complete information.

The district has the right to search a vehicle driven to school by a student and parked on school property whenever there is reasonable cause to believe it contains articles or materials prohibited by the district.

The district has the right to search a student’s locker when there is reasonable cause to believe it contains articles or materials prohibited by the district.

School administrators will report crimes as required by law and will call local law enforcement when an administrator suspects that a crime has been committed on campus.

The district has the right to revoke the transfer of a nonresident student for violating the district’s Code.

Discipline of Students with Disabilities

Federal law regarding the education of students with disabilities (IDEA and Section 504) imposes specific procedures and limitations on the discipline of students with disabilities. For further information on this topic, please contact the principal, who will direct you to the special education staff, or contact Cari Miller, Special Education Director. Information is also available to parents of students with disabilities in the “Explanation of Rights and Procedural Safeguards of a Parent with a Child with Disabilities in School,” which is provided to parents at the time of admission to special education and annually, upon initial referral, upon request for an evaluation, upon the filing of a request for a special education due process hearing, or upon request by a parent.

Prohibited Conduct

A significant part of the district’s educational mission is to inculcate or instill the habits and manners of civility and to teach students the boundaries of socially appropriate behavior. In furtherance of this mission, students will be subject to disciplinary consequences if they engage in any of the following prohibited conduct while they are subject to the school’s jurisdiction as described in this Code of Conduct:

1. Scholastic dishonesty, which includes, but is not limited to, cheating on a test or any other assignment, plagiarism, or unauthorized collaboration with another person in preparing written work or any other assignment for which a grade is awarded.

2. Leaving classrooms, school grounds or school-sponsored events without permission

4. Scuffling or fighting or other inappropriate physical contact that does not meet the definition of simple assault

6. Lying about the conduct of other students or making false accusations about district employees

a) Committing extortion, coercion, or blackmail (obtaining money or another object of value from an unwilling person), or forcing an individual to act through the use of force or threat of force

b) Making ethnic, racial, or religious slurs or any other harassment based on race, color, national origin, religion, or disability

e) Conduct that constitutes sexual harassment or sexual abuse whether the conduct is by word, gesture, or any other sexual conduct, including without limit, requests for sexual favors

f) Dating violence, meaning the intentional use of physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control another person in a dating relationship

12. Making a hit list, i.e., a list of people targeted to be harmed using a firearm, knife, or any other object to be used with intent to cause bodily harm

13. Harassing or threatening school employees or volunteers through inappropriate, offensive, or sexually explicit or suggestive comments made orally in person or by telephone or in writing through letters, e-mails, text messages, journals, or any other way

15. Any misbehavior that gives school officials reasonable cause to believe that the conduct will substantially disrupt the school program or incite violence

16. Damaging or vandalizing district property or property of any school employee or volunteer

17. Possessing stereo head sets, CD players, radios, cassette players, tape recorders, camcorders, DVD players, MP3 players, I-PODs, electronic games, cameras, or any other contraband entertainment device without permission

19. Possessing a paging device, cellular telephone, camera telephone, hand-held computer or PDA, or a similar device without permission

20. Using a paging device, cellular telephone, camera telephone, hand-held computer or PDA, or a similar device without permission or in any way, such as recording a voice or image, that invades the privacy of others or without the consent of those being recorded.

22. Using or possessing a pellet gun, air-powered rifle, toy gun, or any other instrument that may be perceived by a third party as a firearm

23. Using or exhibiting school supplies (i.e. pencils, pens, scissors, etc.), or any other item in a manner that threatens to inflict or actually inflicts bodily harm to another person

24. Possessing drug paraphernalia (roach clips, rolling papers, needles, baggies with residue, razor blades, pipes, etc.)

25. Possessing or using martial arts objects (such as shurikan [throwing stars], nunchakus [“nun-chucks”], tonfa [wooden weapon], staff, baton [short stick], bolo [long cord with weights at end]

26. Possessing or using fireworks of any kind, smoke or stink bombs, or any other pyrotechnic device

27. Inappropriate or offensive physical or sexual contact, whether or not it is consensual.

28. Inappropriate exposure of a student’s body parts, including exposure of any portions of the body that are ordinarily covered by clothing or required to be covered by the dress code

29. Behaving in any way that disrupts the school environment or educational process

33. Truancy, i.e., skipping school or cutting class without the parent’s or school’s knowledge or permission

34. Possessing or using any substance represented to be an illegal drug, a dangerous drug, a controlled substance, or alcohol

39. Being a member of, pledging to become a member of, or soliciting another person to join or pledge a public school fraternity, sorority, secret society, or gang

42. Assisting, encouraging, promoting, or attempting to assist in the commission of a serious offense

43. Failing to report the commission of a serious offense by another student to a school official

44. Threatening death or injury to other student(s), school employee(s), or volunteer(s)

46. Making a false alarm or report of bombing, fire, or other emergency involving a public school, which includes the following offenses:

a. Pulling a fire alarm or discharging a fire extinguisher in a building owned or operated by Brookesmith I.S.D., when there is no smoke, fire, or danger that requires evacuation

49. Repeatedly violating previously communicated campus or classroom standards of behavior

51. Engaging in any conduct punishable as a felony, which includes the offenses of:

a. causing an employee to be in contact with the blood, bodily fluids, saliva, urine, or feces of any person or animal

c. distributing, selling, delivering, or attempting to distribute, sell or deliver any substance represented to be an illegal drug, a dangerous drug, a controlled substance, or alcohol

53. Selling, giving, or delivering to another person or possessing, using or being under the influence of marijuana or a controlled substance or a dangerous drug

54. Selling, giving, or delivering to another person an alcoholic beverage; committing a serious act or offense while under the influence of alcohol; or possessing, using, or being under the influence of alcohol

55. Engaging in conduct that would be an offense relating to an abusable volatile chemical

58. Using, exhibiting, or possessing a firearm, except as permitted for participation or preparation for a school-sanctioned shooting sports educational activity sponsored by Texas Parks & Wildlife and that is not located on school property

62. Engaging in conduct that would be aggravated assault, sexual assault, or aggravated sexual assault

64. Engaging in conduct that would be murder, capital murder, or criminal attempt to commit murder or capital murder

67. Engaging in conduct that would be aggravated robbery against another student

71. Engaging in conduct that would be continuous sexual abuse of a young child or children

The district may impose campus or classroom rules in addition to those found in the Code. These rules may be posted in classrooms or give to the student and may or may not constitute violations of the Code.

Disciplinary Consequences

In making a decision concerning suspension, removal to the DAEP, expulsion, or placement in a JJAEP, regardless of whether the decision concerns mandatory or discretionary disciplinary action, administrators shall also consider:

2. The student’s intent or lack of intent at the time the student engaged in the conduct.

4. A disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct, but only as required by federal law and regulations related to discipline of students with disabilities.

Because of these factors, discipline for a particular offense (unless otherwise specified by law) may bring into consideration varying techniques and responses.

The discipline of students with disabilities is subject to applicable state and federal law in addition to the Student Code of Conduct. To the extent any conflict exists, state and/or federal law will prevail.

In accordance with the Education Code, a student who is enrolled in a special education program may not be disciplined for conduct meeting the definition of bullying, harassment, or making hit lists (see glossary) until an ARD committee meeting has been held to review the conduct.

In deciding whether to order suspension, DAEP placement, or expulsion the district will take into consideration a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.

The following discipline management techniques may be used—alone or in combination—for behavior prohibited by the Student Code of Conduct or by campus or classroom rules:

· Cooling-off time or “time-out” in a setting separate from other students that is not locked and from which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object

· Confiscation of items that disrupt the educational process. The principal or designee will determine the period of confiscation, generally not to exceed the end of the school year

· Confiscation of paging devices, cellular telephones, telecommunications devices with text messaging, camera phones, radios, CD players, tape recorders, camcorders, DVD players, MP3 players, I-PODs, PDAs, cameras, or any electronic device or games and the like. The District will charge the student or parent an administrative fee of $15 before releasing a confiscated device. The District may also dispose of a confiscated paging device, cellular phone, camera phone, or similar device in any reasonable manner after 30 days notice to the parent and company whose name and address or phone appear on the device.

· Assigned school duties other than class tasks, such as cleaning or picking up litter

· Withdrawal of privileges, such as participation in extracurricular activities, participation in graduation exercises, and eligibility for seeking and holding honorary offices, and/or membership in school-sponsored clubs or organizations

· Consequences or penalties identified in individual student organizations’ codes of conduct, bylaws, constitutions, or rules

· Referral to outside agency and/or legal authority for criminal prosecution in addition to disciplinary measures imposed by the District

The following disciplinary measures may be used, alone or in combination with each other or any of the above techniques, for misbehavior that violates the Student Code of Conduct or campus or classroom rules:

l Extension of disciplinary alternative education program removal term for additional offenses while in the alternative program

What minimum procedures will be provided to each student facing discipline other than detention? Each student will be told what infraction the administrator believes the student to have committed. Each student will then be given the opportunity to tell his or her side of the incident. The student’s admission of the offense negates the need for further investigation or procedures, though the administrator may seek further information if desired.

How and when will we contact you about disciplinary action? Parents are responsible to provide to the campus administration each year the address and telephone number(s) at which parents can be reached and to update those numbers as necessary during the school year. School officials will use the information provided by the parent to contact parents about disciplinary matters. Parents will be notified of code of conduct violations that can result in suspension, removal to DAEP, or expulsion in a reasonable amount of time by telephone or in writing. Campus administrators may, but are not required to, notify parents of incidents by telephone on the day of the incident.

What consequences will occur when a student is an accomplice in an offense? Any student who assists, encourages, promotes, or attempts to assist in the commission of a serious offense will receive the same punishment as a student who actually engages in the conduct.

What are the expectations for student reporting of offenses? A student who has knowledge that another student or students have committed a serious offense is expected to report that information to a school official. If the administrator learns that a student failed to report the commission of a serious offense, the student will be subject to a lesser disciplinary consequence, either one step lower than that imposed for the serious offense of which the student had knowledge or a shorter term of discipline.

Parental questions or complaints regarding disciplinary measures should be addressed to the teacher or campus administration, as appropriate, and in accordance with policy FNG(LOCAL). Consequences will not be deferred pending the outcome of a grievance.

A copy of the policy may be obtained from the principal’s office or the central administration office or through Policy on-line at the following address: http://www.tasb.org/policy/pol/private/025908/

Physical Restraint

In some circumstances, it may be necessary for a district employee to use force, but not deadly force, to physically restrain a student in order to lead, guide, and direct the student or to protect the student or any other person from physical injury, to obtain possession of a weapon or other dangerous object, to protect property from serious damage, to remove a student who is refusing to comply with a legitimate directive from a school employee from a specific location in order to restore order or to impose disciplinary measures, or to restrain an irrational student, or to maintain order and discipline in the class ort activity.

Corporal Punishment

Corporal punishment has been approved by the Brookesmith I.S.D. Board of Trustees as an appropriate disciplinary consequence for Code of Conduct violations.

Are there any guidelines for administering corporal punishment? Corporal punishment is limited to spanking or paddling the student and will be administered only in accordance with the following guidelines:

1. Corporal punishment shall be administered only after less stringent disciplinary measures have been attempted.

2. The student shall be told the reason corporal punishment is being administered.

3. Corporal punishment shall be administered only by the principal, superintendent, or a teacher after discussion with the Superintendent’s designee.

4. The instrument to be used in administering corporal punishment shall be approved by the principal or a designee.

5. When corporal punishment is administered, it shall be done in the presence of one other District professional employee and shall take place in a designated place out of view of other students.

Coaches, physical education teachers, and classroom teachers supervising students outdoors during recess or lunch may use reasonable physical exercises or activities as a measure to enforce class or team rules in their classes and activities, and these exercises or activities are not considered to be “corporal punishment.” No other employees may use exposure to the physical elements, e.g., standing outside in heat or cold, or physical exertion, e.g., running, sit-ups, etc., as a disciplinary measure. See FO (LOCAL) in the District’s TASB Policy Manual.

In-School Suspension

For minor infractions of the Student Code of Conduct or campus or classroom rules, administrators may assign a student to one or more days of in-school suspension where, under the supervision of an aide or a substitute, students will complete assignments given them by their regular teachers. Both the length of the suspension and restrictions on participation in school-sponsored or school-related extracurricular activities during the suspension are left to the discretion of the administrator.

If we place your child in in-school suspension for an extended period of time, we will offer an opportunity for the student to complete the courses in which he or she was enrolled at the time of the placement before the beginning of the next school year. This opportunity may be by summer school, correspondence courses, distance learning, or other avenues. You will be responsible for the ordinary charges associated with the program.

Detention

For minor infractions of the Student Code of Conduct or campus or classroom rules, teachers or administrators may detain students after school hours or during lunch on one or more days. Before being assigned to detention, a student shall be informed of the behavior that allegedly constitutes the violation, and shall be given an opportunity to explain his or her version of the incident. The period of time for which a student is assigned to detention shall be used for educational purposes. When detention is used, after school, notice shall first be given to the student's parent to inform him or her of the reason for the detention and permit arrangements for the necessary transportation of the student. Except in the case of a student who is 18 years of age or older, the detention shall not begin until the parents have been notified. The student's parents, if the student is a minor, may be required to provide transportation when the student has been assigned to detention.

Suspension

Students may be suspended for any behavior listed in the Code as a general conduct violation, DAEP offense, or expellable offense.

In deciding whether to order suspension, the district will take into consideration:

When and for how long will a student be suspended? The principal or other appropriate administrator may suspend a student for a maximum of three school days at a time if the student violates the Code of Conduct by engaging in any prohibited conduct. Both the length of the suspension and restrictions on participation in school-sponsored or school-related extracurricular activities during the suspension is left to the discretion of the administrator.

Procedurally, what will occur prior to a suspension? Prior to any suspension, the student will be told the Code of Conduct offense the student is accused of violating and will be afforded an opportunity to explain his or her version of the events.

When will parents be informed of this action? Ordinarily, we will call you at the number you have provided for contact during the school day when a student is suspended. We will follow up with a written notice by regular mail.

How many times can a student be suspended? Neither state law nor this Code of Conduct imposes a limit on the number of times a student may be suspended during a semester or school year.

Formal Removal from Class by Teacher

What is the difference between being sent to the office and formal teacher removal? Students may be sent to the principal’s office for committing minor classroom infractions. However, a student who has been documented to repeatedly interfere with a teacher’s ability to communicate effectively with the students in the class or with the ability of the students to learn, or who behaves in a manner the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher’s ability to communicate effectively with the students or with the ability of other students to learn will be formally removed from the teacher’s classroom.

What is the process for formally removing a student from a teacher’s classroom? Within three days of the removal, a conference will be held between the principal or other appropriate administrator, the student’s parent or guardian, the teacher removing the student from class, and the student. Pending the conference, the principal may place the student in another appropriate classroom, in-school suspension, or a disciplinary alternative education program. Following the conference, the principal will order the placement of the student. The principal will not return the student to the teacher’s class without that teacher’s consent, unless the Placement Review Committee determines that such placement is the best or only alternative.

Are there any special limitations associated with formal teacher removal? If a teacher removes a student from class because the student committed any kind of assault against the teacher, the student may not be returned to the teacher’s class without the teacher’s consent.

Disciplinary Alternative Education Program

What is a DAEP? The District provides for a Disciplinary Alternative Education Program (DAEP) for students who have committed certain serious offenses.

3. separates students in the DAEP from students in the regular program or in another disciplinary setting in the same building as the DAEP;

4. separates elementary school students assigned to DAEP from secondary school students assigned to DAEP;

5. focuses on English language arts, mathematics, science, history, and self-discipline;

9. provides at least a 7-hour school day, including lunch and other breaks, but not longer than 10 hours each day.

No student who has engaged in behavior warranting a DAEP assignment will be placed in an unsupervised setting, other than an out-of-school suspension pending the DAEP conference.

Where is the DAEP? Will it operate during the school day? Is transportation provided? Brookesmith I.S.D.’s disciplinary alternative education program is not located on campus. District transportation is not provided, and parents are responsible for making sure students attend while assigned. Failure to attend the DAEP is a violation of compulsory attendance laws, and students and parents may be prosecuted for failure to attend while assigned.

What kind of courses are taught at the DAEP? Instruction in the DAEP will focus on English language arts, mathematics, science, history, and self-discipline. The District is not required to provide electives, foreign languages, or honors or advanced courses of any kind at the DAEP.

The District will provide an opportunity for students who have been placed in the DAEP to complete a foundation curriculum course in which the student was enrolled at the time of removal before the beginning of the next school year, if the term of the student’s placement is such that the student is not able to continue enrollment in all his or her courses. The opportunity to complete coursework will be provided through any method available, which may include summer school, distance learning, or correspondence courses. The District will not assess any charge for the student to complete a course under this provision.

Term of Placement: Students are assigned to DAEP with a written removal order that states a specific term of placement that is the number of successful school days that must be served. Students will be credited with a “successful day” of DAEP assignment if the student is present, completes all assigned work, follows all rules of the DAEP, and engages in no additional violations of the Student Code of Conduct. The length of all DAEP assignments is at the discretion of the administration, within the guidelines stated below

What are the guidelines for the term of DAEP placement? A removal to DAEP may be for as brief a time as five school days up to one full year from the date of the order. The administrator issuing the removal order will use his or her best professional judgment, taking into account the factors considered in all disciplinary actions, in setting the term of a DAEP placement.

Ordinarily a DAEP assignment will not extend beyond the end of a school year. However, if the administrator making the placement determines: 1) that the student’s presence in the regular classroom or at the student’s regular campus poses a danger of physical harm to the student or another individual; or 2) the student has engaged in serious or persistent misbehavior that violates the District’s Student Code of Conduct, then the assignment may be continued to the next school year. Serious offenses occurring during the last grading period of the school year will generally extend into the next school year.

Are some offenses subject to a different length of assignment? Yes. A student who has received punishment through the criminal justice system for sexually assaulting another student, regardless of whether the conduct occurred on or off school property, and who cannot be assigned to a campus other than a campus where the victim of the assault is assigned may be assigned to the DAEP for so long as both students are enrolled in the district.

The district is allowed to keep a student who has been convicted or placed on deferred adjudication, adjudicated as a delinquent or child in need of supervision, received deferred prosecution, or placed on probation for committing sexual assault or aggravated sexual assault against another student in the DAEP without regard to any limitations on assignment or procedures for extending the one-year assignment.

School-Related Activities: Students assigned to a DAEP may not attend or participate in extracurricular or co-curricular activities during the term of their assignment.

Students Younger than Ten: Students younger than ten who commit an expellable offense will be placed in a disciplinary alternative education program for elementary age students.

Students Younger than Six: Students younger than six will not be placed in a disciplinary alternative education program for any reason other than bringing a firearm to school.

Effect of Withdrawal: Withdrawing a student from school does not affect the District’s authority to schedule and conduct a conference on the conduct and enter an order of removal, regardless of whether the student or parent is present to participate. The order of removal will be included with the records sent to any transferring school, including another public school, a campus charter program, or an open-enrollment charter school, and that district or school will be empowered to exercise its authority to honor the removal. Furthermore, even if we do not complete the removal process and issue a removal order, we will send disciplinary records to the next school, and that school has the authority to complete the removal process and issue a removal order.

Students who transfer out of this District to another public or private school, including students who withdraw from this District for the purpose of home schooling, and students who do not attend Brookesmith I.S.D.’s disciplinary alternative education program for the duration of the placement for any reason (other than reasons which constitute an “excused absence” under District policy), will be required upon return to this District to complete the number of days missed in the disciplinary alternative education program before being allowed to return to the regular campus, unless their records indicate that the term of removal was served in another school district or charter school.

Effect of Transfer into District: The district will decide on a case-by-case basis the placement of a student who enrolls in the district and was assigned to a DAEP in an open-enrollment charter school or another district, including a district in another state (if the behavior committed is a reason for DAEP placement in the receiving district). The district may place the student in the district’s DAEP or a regular classroom setting.

If the student was placed in a DAEP by a school district in another state for a period that exceeds one year, this district, by state law, will reduce the period of the placement so that the total placement does not exceed one year. After a review, however, the placement may be extended beyond a year if the district determines that the student is a threat to the safety of other students or employees or the extended placement is in the best interest of the student.

Graduating Seniors in the DAEP: When a student is placed in the DAEP during the 12^th grade, the District may allow that student to participate in graduation ceremonies, provided that all prerequisites for graduation are met and provided that the student has successfully completed all of the days that the student was placed in the DAEP. If the student in question has unexcused absences or has not completed his or her days in the DAEP for any other reason, such as withdrawal or transfer to another school district, the student will not be allowed to participate in graduation ceremonies. Furthermore, senior students assigned to the DAEP during the final grading period of the school year generally will not be permitted to participate in graduation ceremonies or activities. Any decision concerning participation in graduation ceremonies will be made by the District’s administration, whose decision is final.

Conduct That Warrants DAEP Placement

Definitions: Definitions of offenses and other key terms are found in the Definition section of the Code, beginning on page 22.

School-Related conduct: The campus principal or other appropriate administrator will place a student in DAEP if the student:

l makes a false report of bombing, fire, or other emergency involving a public school, regardless of when the false report is made or the place from which the false report is made

l makes a terroristic threat involving a public school, regardless of when the threat is made or the place from which the threat is made.

The campus principal or other appropriate administrator will place a student in DAEP if the student commits any of the following offenses on or within 300 feet of school property, as measured from any point on the school’s real property boundary line, or while attending a school-sponsored or school-related activity on or off school property:

l Retaliation against a school employee, regardless of where the conduct takes place

l Serious or persistent misbehavior, subject to administrative discretion as described in the following section

Definitions of the above offenses can be found in the Definition section of the Code of Conduct, page 22.

A student who is charged with an offense warranting expulsion will be suspended for three days and then placed in the DAEP pending the expulsion hearing.

What is a “serious offense” or “persistent misbehavior?” “Serious offense” includes the following offenses, which will always result in DAEP placement:

l distribution of any substance represented to be an illegal drug, a dangerous drug, a controlled substance, or alcohol

l harassment of a public servant, i.e., causing an employee to be in contact with the blood, bodily fluids, saliva, urine, or feces of any person or animal with the intent to assault, harass, or alarm

l Making a false report of bombing, fire, or other emergency involving a public school, which includes the following offenses:

l pulling a fire alarm or discharging a fire extinguisher in a building owned or operated by the district when there is no smoke, fire, or danger that requires evacuation

l Retaliation against a school employee, regardless of where the conduct takes place

Serious misconduct also includes the following offenses. The campus administrator will exercise discretion in making assignments for the serious offenses listed here and will consider all the facts and circumstances in determining appropriate disciplinary action:

l Using profanity, lewd or vulgar language, or obscene gestures directed at a school employee

l Lying about the conduct of other students or making false accusations about district employees

l Committing extortion, coercion, or blackmail (obtaining money or another object of value from an unwilling person), or forcing an individual to act through the use of force or threat of force

l Making ethnic, racial, or religious slurs or any other harassment based on race, color, national origin, religion, or disability, against students, employees, or volunteers

l Conduct that constitutes sexual harassment or sexual abuse whether the conduct is by word, gesture, or any other sexual conduct, including without limit, requests for sexual favors

l Dating violence, meaning the intentional use of physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control another person in a dating relationship

l Making a hit list , i.e., a list of people targeted to be harmed using a firearm, a knife, or any other object to be used with intent to cause bodily harm

l Damaging or vandalizing district property other than graffiti, when the value of the damage is less than $1,500

l Using or possessing a pellet gun, air-powered rifle, toy gun, or any other instrument that may be perceived by a third party as a firearm

l Possessing or using martial arts objects, unless the conduct amounts to an assault resulting in bodily injury

l Any misbehavior that gives school officials reasonable cause to believe that the conduct will substantially disrupt the school program or incite violence

l Inappropriate or indecent exposure of a student’s body parts, including exposure of any portions of the body that are ordinarily covered by clothing or required to be covered by the dress code

l Possessing or using any substance represented to be an illegal drug, a dangerous drug, a controlled substance, or alcohol

l Repeatedly violating other previously communicated campus or classroom standards of behavior

l Possessing or using martial arts objects, other than those that would be prohibited weapons, unless the conduct amounts to assault resulting in bodily injury

“Persistent misbehavior” consists of two or more separate violations of the Student Code of Conduct in general or repeated violations of the same offense.

Conduct Unrelated to School - Title 5 Offenses: A student will be removed from class and placed in a disciplinary alternative education program based on off-campus criminal conduct punishable as a felony under Title 5, Texas Penal Code. See the chart on page 35 in the Definitions for a list of these offenses. However, if more than a year passes from the date of the off-campus criminal offense to the time that a school administrator learns of the offense, the administrator is not required to place the student in the DAEP.

Conduct Unrelated to School - Non-Title 5 Offenses: A student will be removed from class and placed in an disciplinary alternative education program for off-campus criminal conduct punishable as a felony, other than offenses defined by Title 5, Texas Penal Code, if the administration determines that the student’s continued presence in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process. However, if more than a year passes from the date of the off-campus criminal offense to the time that a school administrator learns of the offense, the administrator is not required to place the student in the DAEP.

Relationship of Criminal or Juvenile Justice System and the School District: The school district may place a student in the DAEP regardless of any action or lack of action taken by the criminal or juvenile justice system. However, in some circumstances, the district may re-assess the punishment based on information from law enforcement authorities.

When will the school contact law enforcement about a student’s conduct? The principal or designee is required to notify the sheriff’s department or the city police department if he or she has reasonable grounds to believe that a student or anyone else has engaged in certain criminal conduct on school property or at a school activity. Those activities include any conduct that would be an offense listed in Government Code § 508.149 (see Definitions); deadly conduct; a terroristic threat; drug, paraphernalia, or marijuana offenses; possession of a prohibited weapon; organized criminal activity; criminal conduct that would support mandatory expulsion. The District may contact law enforcement officials at any time the administrator determines that their presence will assist the District.

Does a student have to be arrested or convicted of a felony offense before the District can place the student in a DAEP? No. A student may be removed from class and placed in a DAEP if the administration determines that the student committed an offense requiring DAEP assignment while he or she was under the school’s jurisdiction. The district will send the required information about the removal to the juvenile authorities.

When the assignment is necessary because of Conduct Unrelated to School, the removal is based on the administrator’s reasonable belief that the student has committed a felony offense. If the out-of-school offense is a non-Title 5 felony, before the student is placed in the DAEP, the administration must also determine that the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.

In determining whether there is a reasonable belief that a student has engaged in conduct defined as a felony offense in the Penal Code, the administrator may consider all information available, including information furnished by law enforcement.

What options does the school have if the student is found guilty of a Title 5 felony offense? The administration must place the student in DAEP if the conviction, deferred prosecution, or determination of delinquency occurs during the school year while the student is enrolled in a district school and the student is not otherwise confined under the authority of the criminal or juvenile justice system. The administration also has the authority to expel the student to the DAEP in which the district participates.

What happens if the courts say the student did not commit the offense or the student is not prosecuted for other reasons? If, after the placement, the administration receives notice from an appropriate law enforcement agency that the student was found not guilty of the felony offense and the case was dismissed with prejudice, or that the student was not prosecuted and no formal proceedings, deferred adjudication, or deferred prosecution was initiated, the administration will review the student’s placement in the DAEP. The student will remain in the DAEP pending the review, which will take place within three class days of the administration’s receiving the notice. The parents or guardian will be provided an opportunity for input. However, if after the review the administration believes that the presence of the student in the regular classroom threatens the safety of other students or teachers, the administration may continue the student’s placement in the DAEP.

This review is not necessary if the reason for the removal is an offense that must result in DAEP placement because (1) it is a false report or a terroristic threat or (2) the conduct occurred on or within 300 feet of school property or at any school-related activity or event, regardless of time or place. The student will ordinarily remain in the DAEP until the term of removal has been completed, regardless of additional information from an appropriate law enforcement agency.

If the student is not being prosecuted for the out-of-school offense, but the school wants to continue the DAEP placement, what rights of appeal does the student have? The student or the parent or guardian may appeal the decision of the administration to continue the student’s placement in the DAEP to the Brookesmith I.S.D. Board of Trustees. The appeal will be heard at the next regularly scheduled board meeting, where the board will review the notice letter from law enforcement and receive information from the administration and the student or the student’s parent or guardian. The decision of the Board of Trustees is appealable to the Commissioner of Education. The student remains in the DAEP pending all appeals.

Juvenile Court-Ordered Placement in DAEP: The juvenile court may order a student to attend the district’s DAEP as a condition of probation, regardless of whether the school district has a basis for imposing discipline on the student. When the juvenile court orders a student to attend the DAEP as a condition of probation, the district, after receiving a copy of the order, will immediately transfer the student to the DAEP for the period of time designated by the court. However, state law prohibits the juvenile court from ordering a student who has been expelled from the district to attend the DAEP.

Other Court-Ordered Placement in DAEP: When the district receives a copy of an order from a justice or municipal court indicating that a student must attend the DAEP as a condition of a term of probation under Code of Criminal Procedure 45.051, the principal or other administrator will hold a conference as described in Procedures for Removal to an DAEP and determine whether the student should be assigned to the DAEP or should remain in the regular school setting. The principal or other administrator will consider the nature of the mI.S.D.emeanor offense resulting in the order in making this determination.

Placement of Students Who Are Registered Sex Offenders: A student who is currently required to register as a sex offender may be removed from the regular classroom and placed in another setting according to the requirements of state law.

A student who is a registered sex offender under any form of court supervision must be placed in the DAEP or a JJAEP in which the District participates, in accordance with the District’s agreement with the juvenile board or in accordance with a court order, for at least one semester. If a student who is a registered sex offender under court supervision moves or transfers into the District, the District may require the student to complete an additional semester in the appropriate alternative setting without conducting a review or it may count any time the student has been in an alternative setting toward the mandatory one semester assignment.

A student who is a registered sex offender and who is not under any form of court supervision may be placed in the DAEP or a JJAEP available to the District, in accordance with the District’s agreement with the juvenile board or in accordance with a court order, for at least one semester or in the regular classroom. However, the District may not place a student in the regular classroom if District officials determine that the student’s presence in the regular classroom (1) threatens the safety of other students or teachers, (2) will be detrimental to the educational process, or (3) is not in the best interest of the District’s students.

At the end of the first semester of placement in an appropriate alternative setting, the District shall convene a committee to review the student’s placement. The committee will be composed of a teacher from the student’s home campus, the student’s parole, probation, or juvenile probation officer, an instructor from the alternative setting, the principal of the home campus or other person designated by the District, and a District counselor. The committee by majority vote will determine a recommendation to be made to the superintendent or designee regarding whether the student should continue placement in the alternative setting or be returned to the regular campus.

The superintendent or designee shall follow the committee’s recommendation on placement unless the superintendent or designee determines that the student’s presence in the regular classroom (1) threatens the safety of other teachers and students, (2) will be detrimental to the educational process, or (3) is not in the best interest of the District’s students. If the superintendent or designee determines that the student should remain in the alternative setting, then before the beginning of the next school year, and any additional school years, the District must convene the committee to review and determine the student’s placement, using the same standards set out in this paragraph.

A student who is a registered sex offender not under court supervision who moves or transfers into the District will be placed in the regular classroom or an appropriate alternative setting using the committee recommendation and review process described above.

The student or parent may appeal the District’s decision regarding placement by asking for a conference among the superintendent or designee, the parent, and the student. The conference is limited to the factual question of whether the student is or is not a registered sex offender. If the District determines that the student is a registered sex offender, then student will be placed as described above, and that decision is final and cannot be appealed.

An ARD committee will make decisions about a student with disabilities who is a registered sex offender.

Procedures for Removal to DAEP

Will the student have a chance to dispute the allegations? Before a student is placed in a disciplinary alternative education program, the principal or other administrator will tell the student briefly why he or she is being removed to that program and explain that the student will have an opportunity to give his or her version of events at a conference to be scheduled and held within three class days. In most circumstances, the student will be suspended pending the placement conference.

Will parents have an opportunity to provide input? Within three class days after the date the student is charged with the offense, the principal or other administrator will contact the parent by telephone or in writing to schedule and hold a conference with the student, the teacher who removed the student from class (if any), and the parents and will make efforts to ensure that all invited parties can attend.

What if the parent cannot attend the conference? The District may proceed with the conference without the parents or student present, so long as the parents and student have been notified of the conference. Whether or not the parents attend the conference, the student will receive oral or written notice at the conference from the administrator of the reason(s) for the removal and the offense the student is charged with violating. The student will have an opportunity at that time to explain or respond to the reasons for removal. The student and parents will receive a written notice no later than two days after the conference memorializing the conference and stating the length of the removal to the DAEP, if applicable, and any conditions or other requirements related to the DAEP assignment, i.e., a written removal order.

What information will be provided to the juvenile authorities? When a student is placed in the DAEP for a mandatory placement reason, a copy of the removal order, the child and parent’s names and address, names and address of any witnesses, and a complete statement of the circumstances surrounding the conduct will be forwarded to the authorized officer of the juvenile court in the county in which the student resides.

A campus administrator or the superintendent may order a student immediately placed in a disciplinary alternative education program if his or her behavior is so unruly, disruptive, or abusive that it seriously interferes with school operations or activities. At the time the student is placed in DAEP under this emergency provision, the student will be told of the reason for the placement, which must be one of the District’s reasons for DAEP placement under this Code.

A decision by the principal or designee to place a student in the DAEP may be appealed to the Superintendent or designee. The appeal must be in writing and filed with the Superintendent or designee within five days of receipt of the DAEP removal order. The appeal must state all bases for the appeal and what remedy the student or parent is seeking. The Superintendent or designee will review the written appeal and the record of the removal prepared at the campus level. At his or her discretion, the Superintendent or designee may schedule a conference with the student or parent. If a conference is scheduled, it will be held within five days, after which a written decision will be issued within seven days. If a conference is not scheduled, a written decision will be issued within seven days after receipt of the appeal.

The Superintendent or designee’s decision may be appealed to the Board of Trustees by filing a written appeal with the Superintendent within three days after receipt of the decision. The written appeal must state all the bases for appeal and the remedy the student or parent is seeking. At a Board meeting after the appeal is received and for which proper notice can be posted, the Board will review the complete record of the disciplinary action, including all written appeals. The Board may choose to take no action after reviewing the record and appeal, which has the effect of sustaining the last administrative decision. The Board may also choose to schedule an appeal at a future meeting at which the parents and administration may make an oral presentation. The Board’s decision in either case is final and may not be appealed.

How will the District assess a student’s academic growth in DAEP? If a student will be assigned to DAEP for a term of 90 school days or more, the District will administer a test approved by the commissioner of education to the student initially on placement and again on the day the student leaves the DAEP, or as near that date as possible.

What does a review consist of? Who attends? Both the discipline and the academic status of students assigned to the DAEP will be reviewed at the end of each semester, but in any event, at least every 120 calendar days. At the review, the parents may make arguments for the student’s return to the regular classroom. If the student is in high school and is to remain in the DAEP, the administration, together with the parents, will establish a plan designed to assist the student’s progress toward meeting high school graduation requirements. The District is not required to provide all a student’s courses necessary for graduation while the student is assigned to the DAEP, but must offer an opportunity for the student to complete courses before the beginning of the next school year without charge to the student.

EXPULSION

Students Younger than Ten: Students younger than ten who commit expellable offenses will be placed in a disciplinary alternative education program.

Students Younger than Six: Students younger than six will not be expelled or placed in an disciplinary alternative education program for any reason other than bringing a firearm to school.

Mandatory Expulsion: A student must be expelled if the student, on school property or while attending a school-sponsored or school-related activity on or off school property:

1. Uses, possesses, or exhibits a firearm, an illegal knife or any knife prohibited by local policy, a club, or a prohibited weapon, unless pursuant to written regulations or written authorization of the District;

2. Commits aggravated assault, sexual assault, aggravated sexual assault, arson, murder, capital murder, criminal attempt to commit murder or capital murder, indecency with a child, aggravated kidnapping, aggravated robbery, manslaughter, or criminally negligent homicide; or continuous sexual abuse of a young child or children

3. Sells, gives, or delivers to another person or possesses, uses, or is under the influence of marijuana or a dangerous drug, if the conduct is punishable as a felony.

4. Sells, possesses, gives, or delivers to another person an alcoholic beverage, or commits a serious act or offense while under the influence of alcohol, or uses or is under the influence of an alcoholic beverage, if the conduct is punishable as a felony.

A student will also be expelled if he or she commits any offense listed in items 1-4 above against a District employee or volunteer in retaliation for or as a result of the person’s employment or other work in the District, without regard to where the conduct occurs.

Definitions of the above offenses can be found in the Definitions section of the Code of Conduct.

Please note that a student will not be expelled solely because a firearm offense when the use, possession, or exhibition of the firearm occurs at an approved target range facility that is not located on school property while the student is participating in or preparing for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Texas Parks & Wildlife Department or a shooting sports organization working with TPWD. Furthermore, the exception stated in this paragraph does not by itself authorize a student to bring a firearm on school property.

Permissive Expulsion for Conduct On or in Proximity to School: A student may be expelled, in the discretion of the administration in view of all the facts and circumstances, for any of the following offenses when they occur on or within 300 feet of school property, as measured from any point on the school’s real property boundary line:

1. Drug, alcohol, or abusable volatile chemical offenses, regardless of the amount.

4. Making a false alarm or report of bombing, fire, or other emergency involving a public school.

7. Committing a serious offense or engaging in persistent misconduct while assigned to the DAEP.

Permissive Expulsion for Conduct Outside of School: A student may be expelled, in the discretion of the administration in view of all the facts and circumstances, for any of the following offenses, regardless where they occur:

1. Intentionally or knowingly damaging personal property, including real estate and tangible personal property belonging to any public school or institution of higher education, and the amount of loss is greater than $1,500.

2. Intentionally or knowingly damaging the property of any other person without the person’s consent, and the amount of loss is greater than $1,500.

3. Making a false report or alarm or a terroristic threat involving a public school.

4. Assaulting an employee or volunteer in retaliation for or because of the person’s relationship with the school and the assault results in bodily injury.

5. Committing aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, criminal attempt to commit capital murder, or aggravated robbery against another student.

6. Committing any offense listed at item 1-4 under Mandatory Expulsion on the school property of another Texas school district or while attending a school-sponsored or school-related activity of another Texas school district.

Permissive Expulsion to JJAEP or DAEP for Students with Criminal Histories: Unless a student would be subject to mandatory expulsion, a student may be expelled and placed in a JJAEP in which the District participates or the DAEP if the student has any criminal history described as follows:

1. Received deferred adjudication under the Family Code for a Title 5 felony offense;

2. Been found to have engaged in delinquent conduct under the Family Code for a Title 5 felony offense;

4. Has been referred to a juvenile court for allegedly engaging in a Title 5 felony offense;

5. Has received probation or deferred adjudication for a Title 5 felony offense;

A student will be expelled and placed as indicated if the board or its designee determines, after the student has an opportunity for a hearing, that the student has a criminal history as described above and that the student’s presence in the regular classroom (1) threatens the safety of other students or teachers, (2) will be detrimental to the educational process, or (3) is not in the best interests of the District’s students. At the hearing, the issues shall be limited to the determination whether or not the student has a criminal history, as described, and the District’s determination as indicated.

The student may be expelled and placed in a JJAEP in which the District participates or the DAEP regardless of the date on which the conduct occurred, the location at which the conduct occurred, whether the student was enrolled in the District at the time the conduct occurred, or whether the student has completed any court disposition requirements associated with the conduct.

A student expelled and placed under these circumstances is subject to that placement until one of the following occurs:

2. The charges described above are dismissed or reduced to a misdemeanor offense; or

3. The student completes the term of the placement or is assigned to another program.

The term of placement continues to apply if the student transfers to another Texas school district.

The student will receive the periodic assessment and review during the expulsion and JJAEP or DAEP placement as described above for students assigned to the DAEP.

Procedures for Expulsion

Before a student is expelled, the student will have an opportunity for a due process hearing that will include the following:

1. At least three days prior written notice of the charges and the proposed sanctions so as to afford a reasonable opportunity for preparation, including a written invitation to the student’s parent or guardian to attend the expulsion hearing. The notice will also include the date, time, and location of the hearing and the names of adult witnesses who will present evidence at the hearing;

3. Opportunity to testify and to present evidence and witnesses in his or her defense; and

4. Opportunity to examine the evidence presented by the school administration and to question the administration’s witnesses.

Representative: At the hearing, the student is entitled to an adult representative or legal counsel who can provide guidance to the student and who is not an employee of the District. The District may hold the hearing regardless of whether the student, the student’s parent or guardian, or another adult representing the student attends, provided the District makes a good-faith effort to inform the student and the student’s parent or guardian of the time and place of the hearing.

Evidence: In an expulsion hearing, the District may rely on testimony of school administrators who investigate disciplinary infractions. This means that the school administration may present evidence or statements taken from students without revealing the identity of the student. The decision will be based exclusively on the evidence presented at the hearing. The student may be expelled based on the Superintendent or designee’s reasonable belief that the evidence shows it is more likely than not that the student engaged in the conduct with which he or she was charged.

Expulsion Order: The administration will deliver a copy of the order expelling the student to the student’s parent or guardian, who is responsible for providing adequate supervision for the student during the period of expulsion.

In addition to notifying the parents, and not later than the second business day after the date an expulsion hearing is held, the administration will deliver a copy of the expulsion order to the authorized officer of the juvenile court in the county in which the student resides. The administration will also provide the child’s and parent’s names and address, names and addresses of any witnesses, and a complete statement of the circumstances surrounding the conduct to the juvenile board, as required by Family Code § 52.041.

Guidelines for Term of Expulsion: An expulsion may be for as brief a time as four school days up to one full year from the date of the order. The administrator issuing the expulsion order will use his or her best professional judgment, taking into account the factors considered in all disciplinary actions, in setting a term of expulsion. In some circumstances, an expulsion term may be longer than one year if, after a review, the administrator determines that the student is a threat to the safety of other students or to employees or that an extended expulsion would be in the student’s best interest.

Effect of Withdrawal: Withdrawal from school does not affect the District’s authority to schedule and conduct a hearing on the conduct and enter an order of expulsion, regardless of whether the student or parent are present to participate. The order of expulsion will be included with the records transferred to the new school district, including another public school, a campus charter program, or an open-enrollment charter school, and that district will be empowered to exercise its authority to honor the expulsion. Furthermore, even if we do not complete the expulsion process and issue an expulsion order, we will send disciplinary records to the next school, and that school has the authority to complete the expulsion process and issue an expulsion order.

Students who transfer out of this District to another public or private school, including students who withdraw from this district for the purpose of home schooling, will be required upon return to the District, to complete the term of expulsion before being allowed to return to the regular campus, unless the student’s records indicate the student served the days of expulsion in another district.

Effect of Transfer into District: If a student transfers into this District from another school district in which the student was expelled, Brookesmith I.S.D. may continue the expulsion under the terms of the order provided by the sending school district.

If a student transfers into this District from an open-enrollment charter school or from another state and the District receives a copy of the expulsion order in the records from the other school, the District may enforce the terms of that expulsion order, provided the grounds for expulsion in the open-enrollment charter school or other state are grounds for expulsion in the District.

If a student transfers into this District from another school district in which the student was placed in the juvenile justice disciplinary alternative education program, this District shall continue the term of expulsion under the previous school’s order.

Effect on Credits: Expelled students will not receive credit for courses not completed because of an expulsion. Students may use correspondence courses or credit by examination, within the limits set by District policy, to earn graduation credits. Students are responsible for all costs associated with correspondence courses or credit by examination.

Graduating Seniors and Expulsion: When a student is expelled during the 12^th grade, the District may allow that student to participate in graduation ceremonies, provided that all prerequisites for graduation are met. However, a senior student initially expelled during the final grading period of the school year generally shall not be permitted to participate in graduation ceremonies. Any decision concerning participation in graduation ceremonies will be made by the District’s administration, whose decision is final.

A decision by the administration to expel a student may be appealed to the Board by filing a written appeal within five days receipt of the expulsion order. The written appeal must state all the bases for appeal. At the next regular meeting after the appeal is received and for which proper notice can be given, the Board will review the complete record of the expulsion, including all written appeals. The Board may choose to take no action after reviewing the record and appeal, which has the effect of sustaining the expulsion. The Board may also choose to schedule an appeal at a future meeting at which the parents may make an oral presentation of the appeal. The Board’s decision regarding an oral appeal is final and may not be appealed.

If the Board permits an oral presentation, the administration may also be asked to speak. No new evidence or information, including witnesses or documents, will be permitted or considered. The Board may set reasonable time limitations for presentations.

A campus administrator or the superintendent may order the immediate expulsion of a student if the administrator reasonably believes that the action is necessary to protect people or property from imminent harm. At the time of the emergency expulsion, the student will be given oral notice of the reasons for the action, which must be a reason for which the student could be expelled on a nonemergency basis. Formal due process as explained on page 79 will occur within a reasonable time thereafter.

Our summer school program, when offered, is not part of the regular school year program. Students voluntarily attend summer school to earn additional credits, to re-take courses they did not pass in the regular school year, to receive intensive instruction in subject areas where they did not demonstrate mastery on the state assessment instruments, or to complete courses necessary for graduation that were incomplete because of the student’s expulsion or placement in DAEP. Other students are required to receive intensive instruction in those subjects or areas where the student was not successful on the state assessment instruments.

During summer school, all students are expected to abide by the rules of conduct that are in place during the school year. We will handle minor, isolated violations of conduct expectations through parent conferences; however, students who commit serious offenses or who have persistent behavior problems while enrolled in summer school will be withdrawn from the program after a parent conference for DAEP removal or expelled after an expulsion hearing if the conduct warrants expulsion. When a student is withdrawn from summer school for conduct that would warrant DAEP removal or expulsion, the summer campus administrator may withdraw the student and defer the assessment of the term of removal or expulsion to be served during the following school year.

Definitions

Abusable volatile chemical offenses

No student shall inhale, ingest, apply, use, or possess an abusable volatile chemical with intent to inhale, ingest, apply or use any of these in a manner:

1. Contrary to the directions for use, cautions, or warnings appearing on a label of a container of the chemical;

2. Designed to affect the central nervous system, create or induce a condition of intoxication, hallucination, or elation, or change, distort, or disturb the person’s eyesight, thinking process, balance, or coordination.

No student shall knowingly deliver to a person younger than 18 an abusable volatile chemical that does not contain additive material in accordance with rules adopted by the Commissioner of Health.

No student shall knowingly use or possess with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the human body an abusable volatile chemical. No student shall knowingly deliver, sell, or possess with intent to deliver or sell inhalant paraphernalia knowing that that person who receives it intends to use it to inhale, ingest, apply, use, or otherwise introduce into the human body an abusable volatile chemical.

“Aggravated assault” is defined as causing serious bodily injury to another or using or exhibiting a deadly weapon during the commission of any assault.

“Serious bodily injury” is defined as bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

“Deadly weapon” is defined as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Aggravated Kidnapping

(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:

(3) facilitate the commission of a felony or the flight after the attempt or commission of a felony;

(b) A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly weapon during the commission of the offense.

(3) causes bodily injury to a person or threatens or places another person in fear of imminent bodily injury or death if the other person is 65 years of age or older or a disabled person, i.e., an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.

A person commits robbery if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

“Aggravated sexual assault” is defined as sexual assault (see page 92) in which the actor:

1. Causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode; or

2. By acts or words, places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person; or

3. By acts or words occurring in the presence of the victim, threatens to cause death, serious bodily injury, or kidnapping; or

4. Uses or exhibits a deadly weapon in the course of the same criminal episode; or

5. Acts in concert with another, who commits a sexual assault directed toward the same victim and occurs during the same criminal episode; or

6. Assaults a victim who is younger than 14 years of age or is 65 years of age or older.

Arson

(a) A person commits an offense if the person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

(F) when he is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

(a-2)A person commits an offense if the person intentionally starts a fire or causes an explosion and in so doing:

(b) It is an exception to the application of Subsection (a) (1) that the fire or explosion was a part of the controlled burning of open-spaced land.

Assault

1. Intentionally, knowingly, or recklessly causing bodily injury to another. Penal Code 22.01(a)(1)

2. Intentionally or knowingly threatening another with imminent bodily injury. Penal Code 22.01(a)(2)

3. Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. Penal Code 22.01(a)(3);

“Bodily injury” is defined as physical pain, illness, or any impairment of physical condition.

Engaging in written or verbal expression or physical conduct that the administration determines:

(1) will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to student’s person or of damage to the student’s property; or

(2) is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student.

(8) injury to a child, elderly individual, or disabled person (first degree felony)

(1) during a period that is 30 or more days in duration, the person commits two or more acts of sexual abuse, regardless of whether the acts of sexual abuse are committed against one or more victims; and

(2) at the time of the commission of each of the acts of sexual abuse, the actor is 17 years of age or older and the victim is a child younger than 14 years of age.

For purposes of this definition, “act of sexual abuse” means any of the following:

(1) aggravated kidnapping, if with the intent to violate or abuse the victim sexually;

(2) indecency with a child in a manner other than by touching, including touching through clothing, the breast of a child;

(5) burglary punishable as a felony if with the intent to commit an offense listed in items (1) – (4);

Controlled substances or dangerous drugs include but are not limited to marijuana; any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, barbiturate; anabolic steroid; or prescription medicine provided to any person other than the person for whom the prescription was written.

(1) he intentionally or knowingly damages or destroys the tangible property of the owner;

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or

(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.

(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $1,500 or more but less than $20,000 and the damage or destruction is inflicted on a public or private elementary school, a secondary school, or institution of higher education.

Causing the death of an individual by acting with criminal negligence, i.e., with respect to circumstance surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s viewpoint.

“Dating relationship” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of the relationship will be determined based on consideration of the (1) the length of the relationship, (2) the nature of the relationship, and (3) the frequency and type of interaction between the persons involved in the relationship. A casual acquaintance or ordinary fraternization in a school or social context does not constitute a “dating relationship.”

“Dating violence” includes the intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person in a dating relationship.

A person engages in deadly conduct if he recklessly engages in conduct that places another in imminent danger of serious bodily injury or knowingly discharges a firearm at or in the direction of one or more individuals or a habitation, building, or vehicle and is reckless as to whether it is occupied. Recklessness and danger are presumed if the person knowingly points a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s viewpoint.

Is an alternative to seeking a conviction in court that may be offered to a juvenile for delinquent conduct or conduct indicating a need for supervision.

May be offered to a juvenile as an alternative to seeking a conviction in court for delinquent conduct or conduct indicating a need for supervision

Is conduct that violates either state or federal law and is punishable by imprisonment or confinement in jail. It includes conduct that violates certain juvenile court orders, including probation orders, but does not include violations of traffic laws.

Conduct by students either in or out of class that for any reason - whether because of time, place, or manner of behavior - materially disrupts class work or involves substantial disorder or invasion of the rights of others is prohibited.

Student demonstrations and similar activities shall be prohibited when there is evidence that may reasonably lead school authorities to forecast substantial disruption of, or material interference with, normal school operations or approved school activities.

No person shall be permitted, on school property or on public property within 500 feet of school property, to willfully disrupt, alone or in concert with others, the conduct of classes or other school activities.

1. Emissions by any means of noise of an intensity which prevents or hinders classroom instruction.

2. Enticement or attempted enticement of students away from classes or other school activities which students are required to attend.

3. Prevention or attempted prevention of students from attending classes or other school activities which students are required to attend.

4. Entrance into a classroom without consent of either the principal or teacher and either through acts of misconduct and/or use of loud or profane language causing disruption of class activities.

For purposes of this provision, “school property” shall include the public school campuses or school grounds upon which any public school is located, and any grounds or buildings used by District schools for assemblies or other school-sponsored activities.

For purposes of this provision, “public property” shall include any street, highway, alley, public park, or sidewalk.

No person or group of persons acting in concert may intentionally engage in disruptive activity or disrupt a lawful assembly on the campus or property of any school in the District. Disruptive activity means:

1. Obstructing or restraining the passage of persons in an exit, entrance, or hallway or any building without the authorization of the administration of the school.

2. Seizing control of any building or portion of a building for the purpose of interfering with any administrative, educational, research, or other authorized activity.

3. Preventing or attempting to prevent by force or violence or the threat of violence any lawful assembly by the school administration.

4. Disrupting by force or violence or the threat of force or violence a lawful assembly in progress.

5. Obstructing or restraining the passage of any person at any exit or entrance to said campus or property or preventing or attempting to prevent by force or violence or by threats thereof the ingress or egress of any person to or from said property or campus without the authorization of the administration of the school.

A lawful assembly is disrupted when any person in attendance is rendered incapable of participating in the assembly due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur.

A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally exhibits, uses, or threatens to exhibit or use a firearm:

(1) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a public school; or

(2) on a school bus being used to transport children to and from school-sponsored activities of a public school.

Occurs when a person knowingly initiates, communicates, or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he or she knows is false or baseless and that would ordinarily:

8. Cause action by an official or volunteer agency organized to deal with emergencies;

10. Prevent or interrupt the occupation of a building, room, or place of assembly.

A “gang” is defined as any group of two or more individuals whose purposes may include the commission of illegal acts. A gang is a prohibited fraternity, sorority, or society as defined by Education Code 37.121.

1. Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, emblems, badges, symbols, signs, graffiti, or other items that are evidence of membership or affiliation in a gang.

2. Committing any act or using any speech, either verbal or non-verbal such as gestures, handshakes, and the like, that indicates membership or affiliation in a gang.

3. Promoting interest in any gang or gang activity, including but not limited to:

b. Requesting any person to pay protection or otherwise intimidating or threatening any person.

d. Inciting other students to act with physical violence toward any other person.

e. Engaging in concert with others in intimidating, fighting, assaulting, or threatening to assault others.

f. Painting, writing, or otherwise inscribing gang-related graffiti, messages, symbols, or signs, on school property, or on property of students or staff.

All District schools and any other property owned, rented, or leased by the District are “gang-free zones.” Certain criminal offenses that occur in, on, or within 1,000 feet of a school or any other property owned, rented, or leased by the District will be enhanced in the criminal justice system to the next highest category of offense if they are determined to be committed by a person who is a member of a criminal street gang, unless the offense is already punishable as a first degree felony.

Affected offenses include (1) murder, capital murder, arson, aggravated robbery, robbery, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, forgery, deadly conduct, and assault resulting in bodily injury; (2) unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons; (3) obscene display or distribution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, employment harmful to children, possession or promotion of child pornography when a child younger than 18 years of age is depicted or involved in the offense.

A person commits an offense if, without the effective consent of the owner, the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings on the tangible property of the owner with (1) paint; (2) an indelible marker; or (3) an etching or engraving device. Penal Code 28.08 (a)

“Harassment” means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restrain, or maliciously taking any action that substantially harms another student’s physical or emotional health and safety.

A person commits an offense if, with the intent to assault, harass, or alarm, the person causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the actor, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant’s official power or performance of an official duty.

“Hazing” means any intentional, knowing, or reckless act occurring on or off school property directed against a student, by one person alone or acting with others, that endangers the mental or physical health or the safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students. The term includes but is not limited to:

1. Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.

2. Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.

3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to any unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.

4. Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described above.

5. Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.

2. Solicits, encourages, directs, aids, or attempts to aid another in an act of hazing.

4. Has firsthand knowledge of the planning of a specific hazing incident involving a student, or first-hand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in writing to the principal, Superintendent or designee.

“Hit list” means a list of people targeted to be harmed using a firearm, a knife, or any other object to be used with intent to cause bodily harm.

(a) A person commits an offense if, with a child younger than 17 years of age and not the person’s spouse, whether the child is of the same or opposite sex, the person:

(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or

(A) exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or

(B) causes the child to expose the child’s anus or any part of the child’s genitals.

(b) It is an affirmative defense to prosecution under this section that the actor:

(1) was not more than three years older than the victim and of the opposite sex; and

(2) did not use duress, force, or a threat against the victim at the time of the offense.

(c) In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:

(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or

(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.

Indecent Exposure

A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended by his act.

Recklessly causing the death of an individual, i.e., acting, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s viewpoint.

(2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that caused the death of an individual; or

(3) commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.

(a) A person commits an offense of capital murder if he commits murder as defined under Section 19.02(b) (1) and:

(1) the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and who the person knows is a peace officer for fireman;

(2) the person intentionally commits the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction or retaliation;

(3) the person commits the murder for remuneration or employs another to commit the murder for remuneration or the promise of remuneration;

(4) the person commits the murder while escaping or attempting to escape from a penal institution;

(B) with the intent to establish, maintain, or participate in a combination or in the profits of a combination;

(A) while incarcerated for an offense under this section or Section 19.02, murders another; or

(B) while serving a sentence of life imprisonment or a term of 99 years for an offense under Section 20.04, 22.021, or 29.03, murders another;

(B) during different criminal transactions but the murders are committed pursuant to the same scheme or course of conduct; or

(a) A person commits an offense if the person uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site:

(b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that reference a name, domain address, phone number, or other item of identifying information belonging to any person:

(2) with the intent to cause a recipient of the communication to reasonably believe that

“Identifying information” (A) means name, social security number, date of birth, and government-issued identification number; (B) unique biometric data, including the individual’s fingerprint, voice print, and retina or iris image; (C) unique electronic identification number, address, and routing code, financial institution account number; and (D) telecommunication identifying information or access device.

A “paging device or cellular telephone” is a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor.

Are devices that can be used for inhaling, ingesting, injecting, or otherwise introducing a controlled substance into a human body.

“Persistent misbehavior” consists of two or more separate violations of the Student Code of Conduct in general or repeated violations of the same offense.

Possession

“Possession” means having actual or constructive control of an item either on the student’s person, or in a car, locker, bag, or other article under the actual or constructive control of the student, regardless of the student’s knowledge or intent to possess the item.

1. A firearm (any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use; any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, any firearm muffler or firearm silencer). Penal Code 46.03(a), 46.01(3); 18 U.S.C. § 921(a)(3)

2. A destructive device (any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than ¼ ounce, mine, or device similar to any of these devices. The term does not include an antique firearm). 18 U.S.C. § 921(a)(4)

3. An illegal knife as defined by law (knife with a blade over 5 ½ inches, hand instrument designed to cut or stab another by being thrown, dagger, bowie knife, sword, spear)

4. An explosive weapon (any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made or adapted for delivery or shooting an explosive weapon). Penal Code 46.01(2)

5. A machine gun (any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger). Penal Code 46.01(9)

6. A short-barrel firearm (rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a rifle or shotgun that, as altered, has an overall length of less than 26 inches). Penal Code 46.01(10)

7. A switchblade knife (any knife with a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressing a button or by the force of gravity or centrifugal force, but not a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife). Penal Code 46.01 (11)

8. Knuckles (any instrument consisting of finger rings or guards made of a hard substance that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles). Penal Code 46.01(8)

9. Armor-piercing ammunition (handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used primarily in pistols and revolvers). Penal Code 46.01(12)

10. A chemical dispensing device (device other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of causing an adverse psychological or physiological effect on a human being). Penal Code 46.01(14)

11. A zip gun (a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance). Penal Code 46.01(16)

12. A club (an instrument specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, including a blackjack, nightstick, mace and tomahawk). Penal Code 46.01(1), 46.03(a)

A student shall not interfere with normal activities, occupancy, or use of any building or portion of the campus or of any school bus engaged in the transportation of students to and from school-sponsored activities by exhibiting, using, or threatening to exhibit or use a firearm.

A person commits an offense if he knowingly engages in any of the following acts in a public place or, if not in a public place, he is reckless about whether another is present who will be offended or alarmed by his:

(4) act involving contact between the person’s mouth or genitals and the anus or genitals of an animal or fowl.

Is a determination made by the superintendent or designee using all available information, including the information furnished under Article 15.27 of the Code of Criminal Procedure.

A person commits an offense if he intentionally or knowingly harms or threatens to harm another by an unlawful act:

(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or

(B) person who has reported or who the actor knows intends to report the occurrence of a crime.

“Informant” means a person who has communicated information to the government in connection with any governmental function.

“Harm” means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested.

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force.

(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);

(4) if the actor provoked the other's use or attempted use of unlawful force, unless:

(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and

(B) the other nevertheless continues or attempts to use unlawful force against the actor; or

(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:

“Sexual assault” is defined as intentionally or knowingly causing physical sexual contact or sexual penetration of a child at any time or of another person without that person’s consent. Sexual assault is without the consent of the other person if the actor compels the other person to submit or participate by use of physical force or violence, or threat of force or violence, and the other person believes the actor has the present ability to execute the threat; or the other person cannot consent.

A “terroristic threat” is a threat to commit any offense involving violence to any person or property with the intent to:

(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies

(3) prevent or interrupt the occupation or use of a building; room; place of assembly; place to which the public has access; place of employment or occupation; aircraft, automobile, or other form of conveyance; or other public place; or

(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service.

“Under the influence” means not having the normal use of mental or physical faculties; however the student need not be legally intoxicated.

District officials may determine that a student is under the influence based on information from other students, employees, or patrons or the student’s admission that student used a prohibited substance (alcohol, dangerous drug, controlled substance, or any other intoxicant) at school or recently enough prior to being at school or a school activity that the student would experience the effects of using the substance while at school or the school activity.

Use

“Use” means a student has voluntarily introduced into his or her body by any means a prohibited substance recently enough that it is detectable by the student’s physical appearance, actions, breath, or speech.

If a child is experiencing learning difficulties, the parent may contact the person listed below to learn about the district’s overall general education referral or screening system for support services. This system links students to a variety of support options, including referral for a special education evaluation. Students having difficulty in the regular classroom should be considered for tutorial, compensatory, and other academic or behavior support services that are available to all students including a process based on Response to Intervention (RtI). The implementation of RtI has the potential to have a positive impact on the ability of local education agencies to meet the needs of all struggling students.

At any time, a parent is entitled to request an evaluation for special education services. Within a reasonable amount of time, the district must decide if the evaluation is needed. If the evaluation is needed, the parent will be notified and asked to provide informed written consent for the evaluation. The district must complete the evaluation and the report within 60 calendar days of the date the district receives the written consent. The district must give a copy of the report to the parent.

If the district determines that the evaluation is not needed, the district will provide the parent with a written notice that explains why the child will not be evaluated. This written notice will include a statement that informs the parent of their rights, if they disagree with the district. Additionally, the notice must inform the parent how to obtain a copy of the Notice of Procedural Safeguards – Rights of Parents of Students with Disabilities.

The designated person to contact regarding options for a child experiencing learning difficulties or a referral for evaluation for special education services is:

k. In case of an emergency, students will remain on the bus unless directed differently by the driver

a. All the previously mentioned bus rules also apply to any trip under school sponsorship

b. School chaperones should be treated with the same respect as school employees

The rules listed above are for the safety of all school children who ride the school bus. Riding a school bus is a privilege, not a guaranteed right. Discipline, for problems on the school bus, will be handled by the principal or superintendent. The school administration may change the rules as necessary and all who are effected will be informed. If you have any questions or problems, please contact the superintendent or principal at (325) 646-3791 extension #12.

The District requires drug testing of any student in grades 6-12 who chooses to participate in school-sponsored extracurricular activities. All provisions of The Brookesmith I.S.D. Drug Testing Policy shall be adhered to in addition to the Extracurricular Code of Student Conduct.

I. Extracurricular Activities

The term “extracurricular activities” means, without limitation, all interscholastic athletics, cheerleading, academic clubs, special interest clubs, musical performances, dramatic productions, student government, and any other activity or group that participates in contests, competitions, or community service projects on behalf of or as a representative of the District. The term includes any non-curricular event and membership or participation in groups, clubs, and organizations recognized and approved by the Board of Trustees and the school district and sponsored by the district or a campus. All extracurricular activity participants, including elected and appointed officers of all campus organizations, are subject to the provisions of this Extracurricular Code of Conduct.

Sixth graders are allowed to participate in Junior High Athletics if the number of 7^th and 8^th graders reporting the first day of the season meets or exceeds the number listed below:

II. Jurisdiction

Student participation in extracurricular activities is encouraged. Brookesmith I.S.D. makes extracurricular activities available as an extension of the regular school program, with this important difference: participation in the regular curriculum is a right afforded to each student, while participation in the extracurricular program is a privilege that carries additional expectations for acceptable conduct. Students engaging in extracurricular activities represent not only themselves, but also other students and the school district when performing, competing, or participating in extracurricular activities and while wearing uniforms or other clothing that identifies the student to the community or public in any setting as Brookesmith I.S.D. students. For this reason, their behavior must be exemplary and reflect the finest attributes of the total Brookesmith I.S.D. student body at all times and places.

Important goals of the extracurricular program are to give students direction in developing self-discipline, responsibility, pride, loyalty, leadership, teamwork, respect for authority, and healthy living habits.

Because participation in extracurricular activities is a privilege and not a right, Brookesmith I.S.D. is authorized to set higher standards for participants of extracurricular activities than it would for those students who choose not to participate in these activities. Therefore, this Extracurricular Code of Conduct extends beyond the Brookesmith I.S.D. Student Code of Conduct not only in types of behavior prohibited, but also in corresponding consequences and jurisdiction for imposing discipline. This Extracurricular Code of Conduct will be enforced with all students participating in extracurricular activities:

• regardless of whether the offense occurs on or off school property or at a school-related event;

• regardless of whether the student is directly involved with the extracurricular activity at the time the prohibited conduct occurs;

It is possible that a student who violates the Brookesmith I.S.D. Student Code of Conduct will incur consequences from both the appropriate school administrator and from his or her coach or sponsor for the same particular violation. It is also possible that a student participating in extracurricular activities could violate the Extracurricular Code of Conduct and be subject to discipline by a coach or sponsor without having violated the Brookesmith I.S.D. Student Code of Conduct.

The following conduct is expected of all participants. Failure to meet these expectations can result in disciplinary action by the coach or sponsor:

• Student commitment to a team or organization is expected for the entire season or activity. Students are encouraged to participate in more than one extracurricular activity; however students may not quit one sport or organization in order to participate in another while the sport or club that he or she quit is still active.

• Students who participate in extracurricular activities that involve competition among schools and school districts will conduct themselves in a sportsmanlike manner at all times. This includes behavior toward visiting teams or hosting teams as well as the opponent’s fans. Brookesmith I.S.D. participants will be noted for clean, tough, competitive play. Praise your opponents and play beyond your ability.

• Students should arrive to practices (including workouts), meetings, and events on time and prepared.

• Students who cannot be present for a practice (including workouts), meeting, or event should call the coach, sponsor, team captain, or club president as soon as they are aware that they will be absent. Missed practices, meetings, or workouts will be made-up; however, disciplinary action may still be taken if a participant is absent more than two times in a semester.

• Injured or ill students who are unable to participate, but are able to attend a practice (including workouts), meeting or event are required to dress appropriately and sit or stand with the rest of the group.

• Students should refrain from wearing hairstyles or hair colors that draw attention to themselves. Male students participating in sports are required to be clean-shaven.

• Students should follow the rules promulgated in the Brookesmith I.S.D. Student Code of Conduct. Failure to do so may result in additional disciplinary measures related to the student’s participation in extracurricular activities as determined by the coach or sponsor.

Each athlete will be issued equipment. It is the responsibility of each athlete to account for and take care of his or her equipment and uniform. If a piece of equipment or uniform is lost, it will be the responsibility of the athlete to reimburse the school.

Nothing in this Extracurricular Code of Conduct limits the authority of a coach or sponsor to impose reasonable sanctions, including extra workouts, for students who breach team or organization conduct expectations but do not engage in prohibited conduct.

IV. Disciplinary Action

Coaches and sponsors will review all the facts and circumstances surrounding a particular violation and impose appropriate disciplinary action. Coaches and sponsors will strive for consistency in meting out punishment for Extracurricular Code of Conduct violations, but will also exercise sound professional discretion. Violations of the rules by a student participating in extracurricular activities could be subject to the following disciplinary action:

• removal from office in the case of a student office holder who commits an offense.

The principal will not ordinarily interfere in a coach or sponsor’s judgment regarding appropriate discipline but has the authority to increase or decrease the punishment based on his or her assessment of the situation.

Brookesmith I.S.D. is not responsible for injuries of its students who are participating in sports. However, Brookesmith I.S.D. will carry insurance covering participation in practice or competition for athletes. The coverage for each injury will vary according to the accident. More detailed information can be obtained by calling the Brookesmith I.S.D. We will answer any questions you have concerning our athletic program of insurance and injuries.

To be eligible to letter in any activity, a student must remain eligible during the entire season of that activity. A student must participate in two activities to receive a letter jacket; however it will not be awarded until the end of their second year in High School. The student does not have to letter in the second activity and it does not have to be a sport but any UIL activity. If a student only participates and letters in one activity, then the student must participate and letter in the activity the next year to receive a letter jacket. Any student that qualifies to represent the school district at a level beyond district and fails to participate at that next level will not receive a letter.

3. Any student that qualifies to represent the school district at a level beyond district and participates at that next level will receive a letter.

Options and Requirements for Providing Assistance to

Expectations for Student Behavior

Discipline of Students with Disabilities

Prohibited Conduct

Disciplinary Consequences

Physical Restraint

Corporal Punishment

In-School Suspension

Detention

Suspension

Formal Removal from Class by Teacher

Disciplinary Alternative Education Program

Conduct That Warrants DAEP Placement

Procedures for Removal to DAEP

EXPULSION

Procedures for Expulsion

Definitions

Abusable volatile chemical offenses

Aggravated Kidnapping

Arson

Assault

Indecent Exposure

Possession

Use

I. Extracurricular Activities

II. Jurisdiction

IV. Disciplinary Action