STUDENT DISCIPLINE
TEC CHAPTER 37
CODE OF STUDENT
CONDUCT
SCHOOL SUPPORT SERVICES
713-556 7140
STUDENT DISCIPLINE
HISD
AGENDA
•82ND LEGISLATURE
•TEC CHAPTER 37
•CODE OF STUDENT CONDUCT
•DAEP/JJAEP ON-LINE APPLICATION
•Elementary/Secondary DAEPs
•QUESTIONS/CONCERNS
2
82ND LEGISLATURE
HISD
HB 1666 clarifies that someone commits an offense
of the Penal Code if that person poses as someone
else via social networking or any Internet site,
including posting or sending messages.
HB 359 adds a new requirement to law regarding the
use of corporal punishment in the discipline of
students. Board of Education policy prohibits corporal
punishment as a disciplinary method within the Houston
Independent School District. Certain physical acts against a
student by school personnel (such as choking, kicking, punching,
pinching, hitting with an object, etc.) are not authorized and will
be considered as a violation of the corporal-punishment policies
when used as a disciplinary measure.
3
continued
82ND LEGISLATURE
HISD
SB 49 amended Section 37.008 of the Education
Code by adding subsection (l–1) requiring school
districts to ensure parents of students placed in DAEP
are informed in writing of the opportunity to complete
coursework required for graduation and the available
methods for completing the required coursework at no
additional cost to the student. (Sample Letters)
HB 968 adds to the acts that require mandatory*
DAEP placement or optional expulsion the felony
offense of aggravated robbery that occurs off campus
and while the student is not attending a schoolsponsored or school-related activity.
4
continued
82ND LEGISLATURE
HISD
HB 2118 and SB 331 address synthetic compounds
of controlled substances as listed in the Health and
Safety Code. These lists now designate common
look-alike drugs known as K2, spice, and bath salts
as controlled substances.
SB 407 provides the definition of cyberbullying as the
use of any electronic communication device to
engage in bullying or intimidation.
5
continued
82ND LEGISLATURE
HISD
HB 1224 amends Section 37.007(b) of the Education
Code to include as an expellable offense conduct that
contains the elements of breach of computer security
if the student accesses a district network or system
and the student knowingly alters, damages, or deletes
school district property or information or commits a
breach of any other computer, computer network, or
computer system.
SB1416 defines a tire deflation device and adds it to
the list of prohibited weapons requiring mandatory
expulsion.
6
continued
82ND LEGISLATURE
HISD
HB 1942. Defines Bullying, meaning engaging in written or
verbal expression, expression through electronic means, or
physical conduct that occurs on school property, at a schoolsponsored or school-related activity, or in a vehicle operated by
the district and that: (1)has the effect or will have the effect of
physically harming a student, damaging a student ’s property, or
placing a student in reasonable fear of harm to the student’s
person or of damage to the student ’s property; (2) is sufficiently
severe, persistent, and pervasive that the action or threat creates
an intimidating, threatening, or abusive educational environment
for a student; (3) exploits an imbalance of power between the
student perpetrator and the student victim through written or
verbal expression or physical conduct; and (4) interferes with a
student ’s education or substantially disrupts the operation of a
school.
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continued
82ND LEGISLATURE
HISD
8
•Retaliation against any person, including a victim, a
witness, or another person, who in good faith provides
information concerning an incident of bullying is
prohibited.
•Further, discipline shall not be imposed on a student
who is the victim of bullying if it is determined that the
student used reasonable self-defense in response
to bullying.
•Upon receipt of a complaint of bullying, the
administrator shall promptly notify the guardian of the
allegation. Upon request of the guardian, the student
shall be referred to a counselor for assessment and to
determine what counseling options may be
appropriate.
continued
82ND LEGISLATURE
HISD
Transfer of Students Who Have Engaged in
Bullying: Students who engage in bullying may be
transferred to another classroom at the campus to
which the victim was assigned at the time the bullying
occurred; or a campus in the district other than the
campus to which the victim was assigned at the time
the bullying occurred. Students with disabilities may
only be transferred in accordance with the discipline
procedures applicable to students with disabilities as
specified in Tex. Educ. Code, Sec. 37.004.
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continued
BULLYING
HISD
1.
2.
3.
4.
5.
6.
Have procedures in place
Bullying Behavior vs label of Bully
VERBAL ABUSE vs BULLYING
Prevention begins with School Climate
Future training
Only for DOCUMENTED CASES OF BULLYING
that result in out of school suspension, in-school
suspension, and/or DAEP placement = 1 incident
number & 2 event/reason codes: PEIMS 21
and Local BB.
RESOURCE: http://stopbullying.gov/
10
continued
On-line Resources
HISD
Cyber-bullying, Appropriate Online Behavior, and
Social Networking resources:
Common Sense Media http://www.commonsensemedia.org/educators
NetSmartz Program http://www.netsmartz.org/Educators
11
continued
TEC Chapter 37
HISD
TEC CHAPTER 37 is the driving force behind all
campus-based disciplinary decisions and it is the
framework on which the HISD Code of Student
Conduct is based.
http://www.statutes.legis.state.tx.us/Docs/ED/htm/
ED.37.htm
EDUCATION CODE TITLE 2. PUBLIC EDUCATION
SUBTITLE G. SAFE SCHOOLS CHAPTER 37.
DISCIPLINE; LAW AND ORDER
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continued
Chapter 37: Four Things to Remember
HISD
1. Students have a right to an education, even if
they misbehave at school.
2. Parents/Students have a right to know the why &
the what & the consequences of their behavior(s)
and they have a right TO APPEAL.
3. Students have a legally protected right to DUE
PROCESS.
4. THE sending school is accountable for the student
even after removal – CAMPUS OF
ACCOUNTABILITY.
13
continued
Chapter 37 – Main Thing to Remember
HISD
CHAPTER 37 IS ABOUT EDUCATION AND
SCHOOL SAFETY – NOT ABOUT CRIME AND
PUNISHMENT.
*Any removal from the regular educational setting has
a negative impact on the student removed:
• At-risk for future academic/social failure
• At-risk of dropping out
• At-risk of future involvement with the judicial
system
*Breaking Schools’ Rules: A Statewide Study of How School Discipline
Relates to Students’ Success and Juvenile Justice Involvement
July 2011 - Council of State Governments Justice Center
14
continued
–
Considerations In Decision to Remove
HISD
CHAPTER 37 - HB 171:
•Self-defense
•Intent or lack of intent at the time the
student engaged in the conduct
•The student’s disciplinary history
•The student’s age
•Any inability to understand consequences
•School safety
15
continued
After Considerations Are Reviewed
HISD
School administrator can choose to follow the
requirements of the Code and remove off
campus or can choose not to remove off
campus and only take on-campus disciplinary
actions or no action at all.
Mandatory disciplinary action NOT taken because
Code allows self defense, lack of intent,
student’s disciplinary history, or disability to
factor in decision. – PEIMS ACTION CODE 28
Offense and all other actions taken must be
posted on Chancery.
16
continued
PEIMS Action/Consequence Code 28
HISD
•The use of this code should be the exception and
should rarely be used. The date of this decision
should be in close proximity to the date of the offense.
(i.e., CROSSROADS)
•The use of ACTION code 28 is student-focused! And
should not be used because the staff failed to follow
through with a referral or were negligent in following
proper procedures.
•The use of ACTION code 28 must be well
documented and must relate to one or more of the
factors listed.
•PEIMS ACTION CODE 27 vs 28.
17
continued
Implications of The Law
HISD
•Do not focus on the misbehavior in isolation…
•Look at the whole student, the
whole situation…
•Make an informed decision…
•CONSIDER ALL
ALTERNATIVES…
18
continued
Code of Student Conduct
HISD
APPROVED BY SCHOOL BOARD
•Establishes standards for conduct
•Specifies circumstances, under which a
student may be removed or must be
removed* to a DAEP or expelled to a JJAEP
•Protects the rights of students to DUE
PROCESS
•Provided upon enrollment
•Parent/Student must sign, date and return
the acknowledgement page of the CODE.
19
continued
Changes to The Code
HISD
• Updates to HISD’s policy of nondicrimination to include gender identity
and gender expression.
• Clarification of policies regarding network
security including breach of security
charges (Penal Code 33.02)
• Prohibiting the possession of pepper
spray
continued
20
Changes to The Code
HISD
• Addition of enhanced bullying
prohibitions in accordance with State
Law
• Inclusion of timelines for the
administration of disciplinary actions
• Addition of aggravated assault to the
Title 5 felonies
continued
21
Removal To A DAEP
HISD
PROCEDURES:
Provide the student with due process.
Decisions to assign a student to a DAEP shall
not be made until a formal conference has
been scheduled and held with the parent.
(CONFERENCE VS. NOTIFICATION)
The conference should be scheduled within
three (3) days from the date of the offense
and should be held within seven (7) days from
the date of the offense.
22
Letter to parent within 3 days after the
conference is held.
continued
Requirements of Removal
HISD
LETTER to the parent must state:
•
•
•
•
the specific charge/offense/ misbehavior,
the disciplinary action to be taken,
the length of placement,
secondary schools – continuation of
courses
Date of Conference
APPEALS process
Must be in the language of the parent
whenever possible…
23
continued
Expulsion to The JJAEP
HISD
Requires HEARING - should be scheduled
within three (3) days from the date of the
offense and should be held within seven (7)
days from the date of the offense.
Letter scheduling hearing
OR signed waiver to HEARING & APPEALS
LETTER OF EXPULSION (stating offense,
date of hearing, length of expulsion…)
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continued
Discipline Record - Chancery
HISD
Identify student behavior and action to be
taken – INCIDENT NUMBER (several
students/several actions)
Description Details: who, what, when, where
•be precise
•be accurate
Post case #’s in appropriate place –
ADDITIONAL INCIDENT DETAILS
25
continued
IT’S IN THE DETAILS…
HISD
26
•Assault – what kind, against whom (PEIMS
Reason Code 27/28) – actual charge.
•Drugs – misdemeanor/felony –
enhancement – 300 feet. (Codes 04, 36, 54)
•Knife – what kind? Intent? (Codes 50, 12,
14)
•Gun – Gun Free Act Report (Codes 11, 51)
•Dangerous Campus Codes - TEA
•Enhancements
•Victim of Violent Crimes
•Continuations…(different action codes)
continued
Code – Level III
HISD
REQUIRED* In/Out of school Suspension
DISCRETIONARY DAEP
Placement
Most are Reason/Event
PEIMS Code 21
27
(exceptions fighting 41,
possession of knife 50,
smoking 33, MCM 22,
Bullying BB)
continued
PEIMS Reason/Event Code 21
HISD
•The majority of disciplinary actions involve
general Code of Student Conduct violations
resulting In School Suspension (ISS-06) and
Out of School Suspension (OSS-05)
•Part of a day is considered a whole day for
ISS and OSS.
•ISS is limited to five (5) days unless waiting
for DAEP or JJAEP placement
•OSS maximum is 3 days (state law)
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continued
HISD
Level IV: REQUIRED* Removal To A
DAEP
A student shall* be removed and referred to a
DAEP for any conduct listed under Level IV of
the Code.
*Determining factors HB 171
*documentation from a
law enforcement agency
is required for many
Level 4 offenses.
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continued
LV 4: PEIMS REASON/EVENT CODE 21
HISD
NO POLICE REPORT NEEDED
◦Possession of ammunition or bullets (repeated)
◦Possession of a BB gun, pellet gun, or air rifle
◦Possession of a stun gun ·
◦Possession of a replica of a gun ◦Use of computers to tamper with HISD records ◦HISD-related computer hacking -
Criminal activity: (police involvement)
•Burglary of an HISD facility –(criminal)
•Defacing of school property with graffiti (<$20,000)
•Gang participation (criminal)
•Possession of drug paraphernalia –(criminal)
(PEIMS 02 – conduct punishable as felony)
30
continued
Length of Placement
HISD
31
•
AGAIN, consider the student, situation,
factors…
•
Elementary 15 days…
•
Secondary 30, 45, 60, 90, or 180 days?
•
End with semester?
•
One size does not fit all…
continued
TRUANCY
HISD
TRUANCY will be dealt with not through
referral to a DAEP, but by referral to the courts
for enforcement of compulsory attendance
laws –
Again, first look at the whole
child and circumstances.
Referral to student
Caseworkers – Office of
Student Engagement
713-556-7071
32
continued
HISD
The DAEP/JJAEP
ONLINE REFERRAL
APPLICATION
33
continued
HISD
First things first – is your data
entered?
• The discipline data must be entered into chancery with
the appropriate action code (ex: 07 ALTR for DAEP, 02EJJA for JJAEP) in order to use this system for a
referral.
• An overnight upload must take place for chancery to
“speak” to the online DAEP system – please keep this in
mind
• A checkmark must be placed in chancery in the
EVENT/CONCERN DETAIL SCREEN showing that this
student was involved
34
continued
Event/Concern Detail Screen
HISD
A checkmark is needed on this screen
35
continued
Log-in to The System
HISD
36
• http://prodnet.houstonisd.org/DAEP/Referr
als.aspx
• Administrators or those who have
administrative responsibilities have access
• Here you will be prompted for your HISD
username and password (this is your portal
password)
• Do not forget an overnight upload must take
place between chancery input and utilizing the
system
continued
HISD
Students will appear under “campus referrals” – if the student is not
listed, it means the student’s data is not in chancery.
37
Do not select “find a student” – you should NEVER have to search for
a student if chancery data is correct.
continued
Select The Student
HISD
38
continued
HISD
This is a DAEP referral – fields in yellow are filled out by chancery data
39
continued
HISD
Secondary Select Number of
Days
If placement is
to end with the
end of a
semester,
select that here
40
continued
Elementary DAEP – 15 Days
HISD
41
continued
HISD
Elementary Only - Date of SIO
Approval
Level 3 offenses require SIO approval,
level 4 offenses do not
42
continued
HISD
43
Add Your Phone Number And
Submit
continued
HISD
• Special note: The referral will not submit without a phone
number and number of days entered
You’ll get an
error
message
44
continued
Print For Your Records
HISD
This form will
appear if you
submitted
successfully.
This is your
record of the
DAEP referral –
print it and place
a copy in the
student’s
discipline folder.
45
continued
What Happens Next?
HISD
• We’ll be notified when you submit a referral
and we will update the status
• The status will read “initial” when first entered,
you will need to see a message notification to
indicate we’ve processed it (more on this
next)
• Data entered in chancery will not show on the
online system until it has updated overnight –
please keep this in mind
46
continued
Status Updates
HISD
When the
status has
been updated,
you will see
this notification
It reads
“new message”
CLICK IT!
47
continued
Reading A Message
HISD
The new
message is
listed here,
along with
all of the other
messages
about this
referral
This message
contains
information from
me – please read!
48
This message is
automatically
generated with a
status change –
NO INFO HERE
continued
HISD
Just click OPEN
49
continued
HISD
Here you will see
the information that
is needed
Hit reply and type your
response.
50
If this message states there
has been a status update,
please locate the message with
the information from our office –
the status update is
automatically generated, it will
give you NO specific
information
continued
HISD
Your initial screen
will show you the
status of referrals.
You can ALWAYS
check the status
of your referrals
Please utilize this
function!
51
continued
Approval
HISD
• When the referral is approved, you will get an
email notification
• Print the email notification, put it in the
student’s file
• If you need a copy of the approval, go to
HISTORICAL and print the last message for
the student – it is the approval email
52
continued
HISD
How Is An Expulsion Different?
(from a DAEP referral)
• It really isn’t. Remember – you must
use the correct action code in Chancery
for an expulsion (most often it is 02
EJJA).
• The screen shots follow:
53
continued
HISD
Select the student
A student you wish
to expel will have a
different screen
pop up when you
select that student
(this is based on
the data YOU
entered into
Chancery)
54
continued
HISD
Here you see
“expelled”
student.
You have to
select
mandatory
or discretionary
55
continued
HISD
Select where
the offense
occurred
56
continued
HISD
You must
indicate
the expulsion
Dates:
From ?- To ?
57
continued
Expulsion Submitted
HISD
This form will
appear if you
submitted
successfully.
This is your record
of the expulsion
referral – print it and
place a copy in the
student’s discipline
folder.
58
continued
HISD
Special notes:
• The messaging system works the
same for an expulsion and for a DAEP
referral.
• The system you use is the same for a
DAEP referral and an expulsion
59
continued
Other Info
HISD
• You can
access
“historical”
data for your
campus by
selecting
“historical”
on your main
screen
60
continued
HISD
A list of all
the referrals
made by your
campus will
appear.
61
continued
Historical Menu
HISD
Drop down with school year
62
continued
HISD
What about Special Education
Students?
For DAEP referrals, we need:
• The MDR, last annual ARD, and the
Special Education form
• The Special Education form must be
signed by the designated people in the
SIO office.
JJAEP referrals need: MDR supplement,
minutes and signature page only.
• (NEW SPECIAL ED APPLICATION ??)
63
continued
HISD
64
AFTER
The
APPROVAL
continued
HISD
Beechnut Academy
(CEP) Staff
• Patrice Grovey – HISD Coordinator
• Julia Guajardo Barrow – CEP Regional
Director
• Dr. Dianne Reed – CEP Principal @
Beechnut Academy (Campus #303)
7055 Beechnut, 77074
713-394-3500
65
continued
Beechnut Academy (CEP)
HISD
HISD Contacts:
Patrice Grovey pgrovey1@houstonisd.org
Claudia Coronado – (HISD CLERK)
ccoronad@houstonisd.org
Mary E. Hahn (HISD Clerk)
mhahn@houstonisd.org
Telephone Numbers 713-802-4760 or 713-6967351; FAX 713-713-802-4768
CEP CONTACTS: BEECHNUT ACADEMY – 713394-3565
Records Requests - Amelia McElreath -713-394-3534
& FAX: 713-270-7413 Route # 9
66
continued
HISD
HISD / Beechnut Academy (CEP)
for Secondary Students
• Follows the Secondary Guidelines for
Registration
Student must have
Withdrawal sheet from home school (complete with
grades)
PGP Information
Students are enrolled in Chancery.
Proof of residency
Valid ID / Birth Certificate / etc…
BEECHNUT ACADEMY-SW –713-394-3565
67
continued
• Special Education
A PLACEMENT ARD must be held.
HISD
HISD Alternative Schools Special Education Senior
Manager: Holly Ortego – hortego@houstonisd.org
Itinerant Teacher: Dianne
May
dmay1@houstonisd.org
713-434-4700 x392
713-434-5294 (fax)
68
• Student Withdrawals from Beechnut Academy
1. Students will only be withdrawn on Friday.
2. In August & January students are given a letter
which replaces the actual withdrawal form. Students
do not have to return to Beechnut Academy to get a
withdrawal form.
continued
• Student Withdrawals (continue)
HISD
3. Students will not be released the last 2 weeks of the fall/spring
semester.
(If you want to withdraw students during this period, please send me an
email.)
• Early Release Request
1. The request must come from an administrator.
2. Request should be e-mailed using the Early Request Form
3. Early Released students will only be released on Friday.
• 120 Day Reviews
1. Parents make request for 120 day review.
contact person – Cynthia Clayton -713-394-3543
2. Principals are notified via email about the review.
3. Reviews are scheduled at the end of every six weeks.
• Suspension of Enrollment/Withdrawals Dates during
Testing (HISD Portal)
69
continued
HISD
Claudia Coronado Assigned to
Work with the Following Schools
Middle Schools
Attucks
Deady
Fondren
Hartman
Holland
Black
Dowling
Fonville
Henry
Jackson
Clifton
Edison
Grady
Hogg
Johnston
Cullen
Fleming
Hamilton
H. Sch. Ahead
Kaleidoscope
High Schools
Austin
Bellaire
Carnegie
Challenge E.C.
Chavez
Davis
DeBakey
East E. College
HSPVA
Houston Academy for International Studies
International HS @ Sharpstown
Jones
Jordan
Kashmere
Lamar
E-Stem MS/HS
Hope
Mt. Carmel
Provision
All Girls Prep.
70
continued
HISD
71
Beth Hahn Assigned to Work with
the Following Schools
Middle Schools
• Key
Lanier
Las Americas
• Long
Marshall
McReynolds
• Ortiz
Pershing
Pin Oak
• Ryan
Sharpstown
Stevenson
• Thomas
Welch
Westbriar
• Dominion
Project Chrysalis
High Schools
• Lee
Madison
Milby
• North Hou. E. College
Houston
• Sharpstown South Early College
• Waltrip
Washington
Westbury
• Wheatley
Worthing
Yates
• Liberty
New Aspirations
Burbank
Ortiz
Revere
Sugar Grove
Williams
Reagan
Scarborough
Sterling
Westside
Devry/CLC
continued
HISD
Referral Contact – Before Approval &
DISCIPLINE QUESTIONS
• Luis Gavito – lgavito@houstonisd.org
• Lisa Perez – lperez6@houstonisd.org
• OFFICE PHONE: 713-556-7140
• FAX: 713-556-7282
ON-LINE Referral Application:
HTTP://PRODNET.HOUSTONISD.ORG/DAEP/REFFERALS.ASPX
HISD Employee/Administrators Portal – HISD Application
Links – DAEP Referral
72
continued
Elementary DAEP
HISD
73
• Elementary DAEP @Eliot
6411 Laredo St. , Houston, Texas
77020 - CAMPUS #: 466
CONTACT: Schwer, Matthew E
MSCHWER@houstonisd.org
continued
HISD Portal Resources
HISD Under Department Information – “D” - Discipline
Process –
74
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Student Discipline Tutorial (ppt)
Suspension of Enrollment 2011
DAEP Special Education Student Supplement Form* (.pdf)
CEP Student Withdrawal Form
CEP Required Student Information
CEP Early Release Form
DAEP/JJAEP Removal Checklist
Knife Guidelines Chart
Notice of DAEP Assignment (Engl/Span)
Notice of Expulsion (Engl/Span)
Notice of Recommended Expulsion (Engl/Span)
Notice of Expulsion: Hearing Waived (Engl/Span)
Sample Removal Conference Script
Waiver Letter (Parents)
continued
RESOURCES
HISD
HISD PORTAL:
• CODE: PDF –STUDENT
REQUIREMENTS
• SAFE & DRUG FREE SCHOOLS
• POLICE DEPARTMENT
75