Roosevelt Independent School District

advertisement
Southland Independent School District
Student Code of Conduct
2007-2008
I. STUDENT CODE OF CONDUCT
The Student Code of Conduct is the District’s response to the requirements of Chapter 37 of the Texas Education Code. The Code
provides methods and options for managing students in the classroom and on school grounds, disciplining students, and preventing
and intervening in student discipline problems. The law requires the district to define misconduct that may—or must—result in a range
of specific disciplinary consequences including removal from a regular classroom or campus, suspension, placement in a Disciplinary
Alternative Education Program (DAEP), or expulsion from school.
This Student Code of Conduct has been adopted by the Southland Board of Trustees and developed with the advice of the district-level
committee. This Code provides information to parents and students regarding standards of conduct, consequences of misconduct, and
procedures for administering discipline. In accordance with state law, the Code will be available for review at the office of the campus
principal. Parents will be notified of any conduct violation that may result in a student being suspended, placed in a DAEP, or expelled.
Because the Student Code of Conduct is adopted by the District’s Board of Trustees it has the force of policy; therefore, in case of
conflict between the Code and the student handbook, the Code will prevail. The discipline of students with disabilities who are eligible
for services under federal law (Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973) is subject to
the provisions of those laws.
This handbook is intended as a general outline of expectations and likely responses to misbehavior. It is not the intent of this handbook
neither to detail every legal definition of various offenses nor to specify the exact response to every misbehavior. In addition to the
specifics defined in this handbook, students are subject to:
(a) all legal code or law as defined by the State of Texas and any other government agencies such as the Alcohol Beverage Code,
Education Code, Family Code, Penal Code, Health and Safety Code, etc. Students who violate any such code on school property
or while at a school sponsored event or trip may also be subject to school discipline in addition to legal consequences.
(b) other reasonable expectations established by the campus principal. The professional judgment of the campus principal related
to individual students, various situations, campus characteristics, and effective techniques based on experience is utilized to make
many daily decisions which affect your child. The campus administrator has the authority to establish additional reasonable
expectations for students which are not specified in this handbook, to require compliance to those expectations, and to
establish/assign reasonable consequences for noncompliance.
II. DISCIPLINE
A. Expectations
The District expects each student to obey the Student Code of Conduct. In addition, each campus and classroom will define rules,
which students are to follow, but these rules should not contradict or supersede this Student Code of Conduct. A student whose
behavior violates the rules, disrespects others, interferes with access to a public education or a safe environment, will be subject to
disciplinary action.
Behaviors
Consequences
School rules and the authority of the District to administer discipline
apply whenever the interest of the District is involved, on or off
school grounds, in conjunction with or independent of classes and
school-sponsored activities.
Each student is expected to:

Demonstrate courtesy even when others do not.

Behave in a responsible manner, always exercising selfdiscipline.

Attend all classes, regularly and on time.

Prepare for each class; take appropriate materials and
assignments to class.

Meet District and campus standards of grooming and
dress.

Obey all campus and classroom rules.

Respect the rights and privileges of other students and
of teachers and other District staff.

Respect the property of others, including District
property and facilities.

Cooperate with and assist the school staff in maintaining
safety, order, and discipline.

Demonstrate and foster pride in Southland ISD.

Adhere to the requirements of the Student Code of
Conduct.
The District has disciplinary authority over a student:
During the regular school day and while the student is going to and
from school on District transportation;
During lunch periods whether on or off school campus;
For certain offenses committed within 300 feet of school property as
measured from any point on the school’s real property boundary line;
While the student is in attendance at any school-related activity,
regardless of time or location;
For any school-related misconduct, regardless of time or location;
When retaliation against a school employee or volunteer occurs or is
threatened, regardless of time or location;
For certain offenses committed while on school property or while
attending a school-sponsored or school-related activity of another
district in Texas;
When the student makes a false alarm or report of bombing, fire, or
other emergency involving a public school, regardless of time or
location;
When the student makes a terroristic threat involving a public school
official, regardless of time and location;
When the district has reasonable belief that the student has engaged
in conduct that would be punishable as a felony, as provided by
Texas Education Code 37.006 or 37.0081; and
When criminal mischief is committed on or off school property or at a
school-related event.
2
Behaviors
Consequences
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 whenever there
is reasonable cause to believe that it contains articles or materials
prohibited by the District.
The District has the right to revoke the transfer of a nonresident
student for violating the District’s Student Code of Conduct.
The District 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
constitute violations of the Student Code of Conduct.
Students with Disabilities
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.
Techniques
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:
 Verbal (oral or written) correction.
3

Cooling-off time or “time-out.”

Seating changes within the classroom.

Temporary confiscation of items that disrupt the
educational process.

Rewards or demerits.

Behavioral contracts.
Behaviors
Consequences
4

Counseling by teachers, counselors, or administrative
personnel.

Parent-teacher conferences.

Grade reductions for cheating, plagiarism, and as
otherwise permitted by policy.

Detention.

Sending the student to the office or other assigned area,
or to in-school suspension.

Assignment of school duties such as cleaning or picking
up litter.

Withdrawal of privileges, such as participation in
extracurricular activities, eligibility for seeking and
holding honorary offices, or membership in schoolsponsored clubs and organizations.

Penalties identified in individual student organizations’
extracurricular standards of behavior.

Withdrawal or restriction of bus privileges.

School-assessed and school-administered probation.

Corporal punishment.

Citations to be issued by local law enforcement for
disruption of the educational process.

Grounds improvement.

Out-of-school suspension, as specified in the
Suspension section of this Code.

Placement in a DAEP, as specified in the DAEP section
of this Code.

Expulsion, as specified in the Expulsion section of this
Code.

Referral to an outside agency or legal authority for
criminal prosecution in addition to disciplinary measures
imposed by the district.

Other strategies and consequences as determined by
school officials.
Behaviors
Consequences




Notification
The principal or appropriate administrator will notify a student’s
parent by phone or in writing of any violation that may result in a
suspension, placement in a DAEP, or expulsion. Notification will be
made within three school days after the administrator becomes
aware of the violation.
Appeals
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). A copy of
the policy may be obtained from the principal’s office or the central
administration office. Consequences will not be deferred pending
the outcome of a grievance.
5
B. Categories of Misbehaviors
Student misbehaviors are classified from “minor” to several categories of “serious” misbehaviors. Listed below are the most common
misbehaviors with an indication of the possible consequence (other appropriate consequences could apply and will be determined
by the principal):
Minor
Serious A
Serious B
Serious C
(Warning, ISS, GIP, Disc.
(ISS, Loss Of Privileges,
(ISS, DAEP and/or Suspension) (Suspension and DAEP and/or
Packet, Loss Of Privileges)
Corporal Punishment)
Expulsion)
All misbehavior which
When a student’s behavior does Repeated violations of “Serious Repeated violations of “Serious
administration judges to not be of not change as a result of action A” type offense(s).
B” type offense(s).
a serious nature
taken on minor offenses, and the
student is being seen for a 2nd
time in the principal’s office for
repeated minor infractions.
Class disruptions, throwing
things, bothering others,
interrupting
Fighting by two or more students.
As per state law, the students will
be suspended and remanded to
DAEP. Legal authorities will also
be contacted and citations will be
issued.
Possessing or selling look-alike
drugs or items attempted to be
passed off as drugs, alcohol
and/or contraband.
Refusing to accept discipline
management techniques
proposed by the teacher or
principal
Assault upon a teacher, or acting
with extreme belligerence &
hostility toward a teacher
Eating, drinking, or gum chewing Violating safety rules
in an undesignated area or time
Failure to comply with lawful
directives issued by school
personnel
A student’s sale, use or
possession of drug paraphernalia
Tardy
Engaging in inappropriate
physical or sexual contact
Public lewdness, indecent
exposure, sexual misconduct
Repeated refusal to follow
classroom rules
Minor fighting, pushing or
shoving in an angry manner,
aggressive acts or confrontations
against another. Antagonizing or
teasing to aggravate another.
Initiating minor physical
confrontation.
Failing to comply with directives
given by school personnel.
Public display of affection
Minor
(Warning, ISS, GIP, Disc.
Packet, Loss Of Privileges)
Possessing and/or using
nuisance items
Inappropriate language
Note writing in class
Cutting in line
Minor writings on desk.
General non-cooperation
Serious A
Serious B
Serious C
(ISS, Loss Of Privileges,
(ISS, DAEP and/or Suspension) (Suspension and DAEP and/or
Corporal Punishment)
Expulsion)
Cheating or copying the work of Severe disrespect shown toward Possessing or using look-alike
another student.
school personnel.
weapons, BB guns, air guns,
mace, pepper spray, or using
articles not generally considered
to be weapons, including school
supplies when the principal or
designee determines that a
danger exists
Verbal assault, threatening
Verbal assault of a teacher or
Possession of a weapon not
physical abuse, or using
other employee. Profanity, vulgar legally classified as illegal
intimidating actions or an
language, or obscene gestures fireworks of any kind, razors,
aggressive stance against
directed toward teachers or other chains, any other object used in
another.
school employees (verbally or in a way that threatens or inflicts
notes).
bodily injury on another person
Possessing or using matches or Possessing, or using tobacco
a lighter.
products
Possessed, sold, or used
marijuana or other controlled
substance
Serious disruptions to or in
Involved in extra-curricular
Persistent misbehavior while
detention.
activity or being out of assigned assigned to an ISS placement
areas while suspended, in ISS or will result in placement to DAEP
in DAEP
Promoting strife or discord
Vandalism that results in property Vandalism that results in
among other students. Spreading that cannot continue to be used property that cannot continue to
unpleasant rumors or stories.
for its original purpose (value less be used for its original purpose
Actions designed to embarrass or than $200).
(value more than $200).
belittle another.
Insubordination – arguing with a Exhibiting any unacceptable or Assault
staff member
unwanted physical contact that
could but does not result in injury
7
Minor
(Warning, ISS, GIP, Disc.
Packet, Loss Of Privileges)
Horseplay, clowning or drawing
attention to one’s self
Inappropriate hall, cafeteria,
restroom, or assembly behavior
Serious A
(ISS, Loss Of Privileges,
Corporal Punishment)
Falsification of records, passes,
or other school related
documents
Serious B
Serious C
(ISS, DAEP and/or Suspension) (Suspension and DAEP and/or
Expulsion)
Altering school records or
Failure to report to school
documents, or forgery of a name personnel the knowledge of an
on a school document
event, device, object, or
substance that could cause
bodily harm to an individual in
any school setting
Out of assigned area
Truancy including leaving school Possessed, sold, used, or was
grounds or school-sponsored
under the influence of an
events without permission.
alcoholic beverage
Name calling, ethnic or racial
Using the Internet to threaten
Threats, oral or written, to do
slurs, or other derogatory
students or employees, or cause bodily harm to another or to the
statements. Directing profanity, disruption to the educational
property of another
vulgar language, or obscene
program
gestures toward other students or
teachers. Inappropriate writings,
drawings, or crude expressions.
Throwing objects that can (but do Throwing or irresponsible use of Possessing, placing, or
not) cause bodily injury or
objects that cause bodily injury or discharging fireworks of any kind,
property damage
property damage
smoke/stink bombs, or any other
pyrotechnic devices
Inappropriate response,
Acting in such a way that he/she Retaliation against school
references to, remarks, or notes displays a potential for open
employee
to or about a teacher.
aggression or extreme
belligerence toward a teacher.
Violating dress and grooming
Serious aggression (no adult
Gang-related behavior or activity
standards and/or refusing
witness with no significant injury or gang membership as defined
opportunities to change. Wearing to the individual) or acts of
in TEC 37.121
clothing identified as gang
retaliation against another
related.
student(s).
8
Minor
(Warning, ISS, GIP, Disc.
Packet, Loss Of Privileges)
Serious A
Serious B
Serious C
(ISS, Loss Of Privileges,
(ISS, DAEP and/or Suspension) (Suspension and DAEP and/or
Corporal Punishment)
Expulsion)
Behaving in any way that disrupts Harassment (PC 42.07) or hazing Disrupting school, classes,
the school environment or
(EC 37.151 -37.153)
and/or lawful assembly
educational process. Impeding a
school investigation
Possession of any knife, not
Possession or distribution of
Possessing a device, object, or
defined as a weapon by law,
pornographic materials
substance which could cause
including a pocketknife.
bodily harm to individuals in any
school setting, including but not
limited to razors, box cutters, and
chains
Profanity in e-mail, sending
Possessing published or
Disruptive action, a group
inappropriate messages.
electronic material that is
demonstration, or riot that
Changing internal computer
designated/designed to promote substantially disrupts or
settings. Violating computer use or encourage illegal behavior or materially interferes with school
policies or rules.
could threaten school safety
activities.
In possession of items reported Theft of item(s) with value over
as stolen. Stealing from students, $200. Committing or assisting in
staff, or the school. Unauthorized a robbery or theft that does not
use of another’s possessions
constitute a felony according to
without the effective consent of the Texas Penal Code.
the owner. A participant in the
planning or execution of a theft.
Committing extortion, coercion, or Stealing, robbery, extortion,
blackmail, or forcing an individual gambling, or arson
to act through the use of force or
threat of force.
Using profane, obscene, indecent Repeated acts of disobedience
or racially or ethnically offensive or disorderly behavior which may
language and/or physical
prove to be detrimental to the
gestures to other students
school, harmful to health and
safety, or inhibiting the rights of
others
9
Minor
(Warning, ISS, GIP, Disc.
Packet, Loss Of Privileges)
Serious A
(ISS, Loss Of Privileges,
Corporal Punishment)
.
Serious B
Serious C
(ISS, DAEP and/or Suspension) (Suspension and DAEP and/or
Expulsion)
Engaging in conduct that
Abuse of glue or aerosol paint
constitutes sexual harassment or
sexual abuse whether the
conduct is by word, gesture, or
any other sexual conduct,
including requests for sexual
favors
Sending or posting messages
that are abusive, obscene, or
sexually oriented
Based on conduct occurring off
campus and while the student is
not in attendance at a schoolsponsored or school-related
activity for felony offenses in Title
5, Penal Code.
Based on conduct occurring off
Campus and while the student is
not in attendance at a schoolsponsored or school-related
activity for felony offenses not in
Title 5, Penal Code
Belonging to a public school
fraternity, sorority, secret society,
or gang.
Note: Any violation of the Penal Code or Alcohol Beverage Code may result in police involvement & legal proceedings.
10
Expulsion Offenses: Serious D Offenses
Used, exhibited, or possessed firearm
Used, exhibited, or possessed an illegal knife
Used, exhibited, or possessed a club
Used, exhibited, or possessed a prohibited weapon under Penal Code Section 46.05
Aggravated assault or aggravated sexual assault
Arson
Murder, capital murder, criminal attempt to commit murder, or capital murder
Indecency with a child
Aggravated kidnapping
Serious or persistent misconduct violating the student code of conduct while placed in alternative education program
Drug or alcohol offense that would constitute a felony
“Aggravated” retaliation conduct against a school employee
Criminal mischief in amounts of $1,500.00 or more
Emergency expulsion may be ordered, “if the principal... reasonably believes that action is necessary to protect persons or property
from imminent harm.”
C. Behavior and Consequences
It is the duty of each employee of the school to enforce the rules and procedures of school discipline. A teacher who knows a student
has violated the Student Code of Conduct must file with the appropriate administrator a written discipline referral documenting the
violation. In general, discipline will be designed to correct the misconduct and to encourage adherence by all students to their
responsibilities as citizens of the school community. Disciplinary action will draw on the professional judgment of teachers and
administrators in the application of a range of discipline management techniques. Disciplinary action will be correlated to: (a)
the seriousness of the offense, (b) the student’s age and grade level, (c) the frequency of misbehavior, (d) the student’s
attitude, (e) the effect of the misconduct on the school environment, and (f) statutory requirements. Because of the
consideration of these factors, discipline for a particular offense (unless otherwise specified by law) may bring into
consideration varying techniques and responses. A copy of the student’s discipline referral will be sent to the parent or guardian.
** Any student who commits behavior that would warrant a DAEP placement, that is a transfer, may lose his/her transfer
status in lieu of the DAEP placement. This decision will be at the discretion of the SISD administration. The district also
retains the right to revoke the transfer of any nonresident student for violating the districts Code.
11
1. Corporal Punishment
Corporal punishment may be used as a discipline management technique in accordance with the Student Code of Conduct and only
with parent or guardian permission. Corporal punishment shall be limited to spanking or paddling the student, and shall 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 or principal’s designee, (4) the instrument to be used in administering
corporal punishment shall be approved by the principal, and (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. (6)
Coaches and physical education teachers may use reasonable physical exercises or activities as a disciplinary measure in their
classes, and these exercises 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, as a disciplinary measure.
2. Police and Legal Consequences for Fights or Assaults
The District operates under a ZERO TOLERANCE POLICY regarding fights and assaults. Any student involved in a fight or an assault
should expect both school and legal consequences. The school will place the student in an alternative setting according to the Code of
Conduct. In addition, the police will be called, the student may be taken into police custody, and charges may be filed. The courts
could access a fine of $250 or more per incident and/or the student could be referred to the juvenile probation department. If a student
involves him/herself in a fight, the legal consequences are the same for all participants in the fight regardless of who may
have started the aggression. Students are to avoid fights, assaults, or any kind of aggression that may result in a fight. The student’s
best choice is to back away from the situation and find a teacher or staff member to assist.
3. Reporting Criminal Activities
School administration is required to notify law enforcement officials if he/she has reasonable grounds to believe that any of the following
activities have occurred in school, on school property or at a school-sponsored or school-related activity on or off school property,
whether or not the activity is investigated by school security officers: murder, capital murder, aggravated kidnapping, sexual assault,
aggravated assault, aggravated sexual assault, injury to a child or elderly individual, arson, robbery, aggravated robbery, burglary,
deadly conduct, terroristic threat, the use, sale or possession of a controlled substance, drug paraphernalia or marijuana, possession of
any of the weapons or devices listed under Penal Code § 46.01(1)-(14) or § 46.01(16), or engaging in organized criminal activity. In
addition, the school administrator can refer students to local law authorities in matters related to assault (PC 22.01), bomb threats/false
alarms (PC 42.06), hoax bombs (PC 46.08), delinquent conduct (FC 51.03), disorderly conduct [i.e., fighting, threatening, or abuses in a
public place, indecent, vulgar language or gestures, etc.] (PC 42.01), alcohol (EC 37.122), disruptive activities (EC 37.123), disruption
of classes (EC 37.124), riot, (PC 42.02), harassment (PC 42.07), hazing (EC 37.151, EC 37.152, EC 37.153), trespass (PC 30.05),
tobacco (PC 48.01), disruption of transportation (EC 37.126), vandalism (PC 28.03), or attendance (EC 25.091).
Peace officers and designated officials have the right to arrest a juvenile at school or to remove the minor from school without parental
consent. The school administrator will take reasonable care to release students to peace officers by determining the identity and official
capacity of the peace officer, the authority under which the officer acts, the contemplated action, and, if the peace officer is taking
12
custody of the student, the reason for such action. A school administrator should attempt to notify a parent when a school official
releases their minor child to a peace officer for the purpose of removing the student from school premises. Parent notification involves
communicating as to where the minor is being taken, except when the minor is taken into custody as a suspected victim of child abuse.
School officials will not impede the investigation conducted by a peace officer but may investigate separately the same conduct.
A teacher, school administrator or school employee is not liable in civil damages for reporting to a school administrator or governmental
authority, in the exercise of professional judgment within the scope of the teacher’s, administrator’s, or employee’s duties, a student
whom the teacher suspects of using, passing or selling on school property marijuana, drug paraphernalia, or a controlled substance, a
dangerous drug, an abusable glue or aerosol paint or a volatile chemical, or an alcoholic beverage. Local law enforcement officers are
required to notify the superintendent or a designated representative when one of its students is arrested or referred to juvenile court for
any felony offense.
4. Student Searches
A search of a student at school is permitted based upon a “reasonable suspicion” that the student is committing: (1) a criminal act; or
(2) violating school rules. This standard is less than the “probable cause” required of law enforcement officers, because of the need to
provide a safe school environment. The “scope of the search” will be reasonable related to the circumstances that justified the search
in the first place, i.e., to the reasons that led the administrator to suspect that the student is engaging in prohibited activity. Each search
also will be reasonable related to the objectives of the search and will not be excessively intrusive considering: (a) the seriousness of
the alleged misconduct; and (2) the age and sex of the student. The student will be informed of the reasons for the search prior to the
search. There is no requirement to notify parents prior to searching a student. Based upon reasonable suspicion, school officials may
search a student’s outer clothing, pockets or property. The search will be conducted by an administrator and will be conducted with a
witness of the same sex as the student. School employees will not conduct intrusive strip or body cavity searches.
District administrators can and will conduct routine blanket inspections and searches of lockers and when there is “reasonable
suspicion” that the locker contains evidence of a student’s “unlawful” activity. Lockers also will be searched when odors, smoke, fire, or
other threats to student health, welfare or safety appear to be originating in the locker. Routine locker searches without any reason are
avoided, but are permissible. Trained dogs may be used to sniff cars and lockers without constituting a search requiring reasonable
suspicion. If a reliable trained dog “alerts” to a car or locker, that may provide reasonable suspicion to justify a search. Students are
responsible for anything found in their vehicle, locker or backpack. Dogs’ sniffing of students requires reasonable prior suspicion.
5. Discipline of Students With Disabilities
The Individuals with Disabilities Education Act (IDEA) provides special federal protections and procedures for students with disabilities.
The District will follow federal and state rule procedures when disciplining students with disabilities. The Admission, Review and
Dismissal (ARD) committee develops an Individual Education Plan (IEP) that is appropriate for an IDEA student with disabilities. The
IEP may include a Behavior Intervention Plan (BIP) that provides a ‘script’ for discipline of a student with disabilities when regular
discipline is not appropriate. In addition, federal rules in Section 504 providing protections and procedures for students with disabilities
may also affect student discipline decisions. A Behavior Intervention Plan (BIP) may also be provided by the school’s Section 504
committee for the discipline of a Section 504 student when regular discipline is not appropriate. In compliance with appropriate
procedures, students with disabilities may be subject to the discipline applied to regular education students, with certain exceptions.
13
6. Bus Discipline
The District provides transportation to students living two (2) miles or more from the school which they are eligible to attend.
Transportation is not provided for students living in another school district and transferring to this district.
The school bus is an extension of the classroom. Students are to follow all Code of Conduct rules plus all safety and procedural rules
outlined by the driver. Students are to remain on campus after they arrive at school. Bus discipline will be administered by the
student’s campus principal. Discipline may involve warnings, calls to parents or parent conferences, assigned seating, removal from
bus privileges for a short term, or removal of bus privileges for the remainder of the semester or school year. Bus conduct may also
result in school consequences in addition to removal of bus privileges. If a student does anything to jeopardize the safety of the other
students, driver, or other vehicles, the student will be removed from the bus for a minimum of 25 days/maximum of 180 days.
If a student that does not normally ride a bus needs to ride, it may be done on a day by day basis ONLY with administrator approval
with no less than 24 hours notice. This may be done with a note from parents, with valid parent contact phone number sent with the
student and given to the student’s principal at least ONE FULL day before the day of the ride. If a student knowingly rides the wrong
bus or rides a bus without administrator approval, they may be removed from all SISD transportation indefinitely.
14
Behaviors
Consequences
General Conduct Violations
General misconduct identified in the list of prohibited behaviors will
result in application of one or more discipline management
techniques consistent with law and the Student Code of Conduct.
Notification will be sent by mail to the parent or guardian within 48
hours.
The categories of conduct below are prohibited at school and all
school-related activities, but the list does not include the most
serious offenses. In the subsequent sections on Suspension, DAEP
Placement, and Expulsion, severe offenses that require or permit
specific consequences are listed. Any offense, however, may be
serious enough to result in removal from the regular educational
setting as detailed in that section.
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.
The district prohibits the following:
DISCRETIONARY REMOVAL
DISREGARD FOR AUTHORITY

Failing to comply with directives given by school
personnel (insubordination).

Leaving school grounds or school-sponsored events
without permission.

Disobeying rules for conduct on school buses.

Refusing to accept discipline management techniques
assigned by a teacher or principal.
General misconduct violations will not necessarily result in the formal
removal of the student from class or another placement but may
result in a routine referral, formal removal, or the use of one or more
discipline management techniques.
FORMAL REMOVAL
Formal removal initiated by a teacher will occur if:
1. The student's behavior has been documented by the teacher as
repeatedly interfering with the teacher's ability to teach his or her
class; or
MISTREATMENT OF OTHERS

Using profanity or vulgar language or making obscene
gestures.

Fighting or scuffling. (For assault see DAEP Placement
and Expulsion)

Threatening another student or district employee on or
off school property.

Engaging in bullying, harassment, and making hit lists.
(See glossary for all three terms)

Engaging in conduct that constitutes sexual harassment
or sexual abuse, whether by word, gesture, or any other
conduct, including requests for sexual favors directed
toward another student or a district employee.

Engage in conduct that constitutes dating violence,
including the intentional use of physical, sexual, verbal,
or emotional abuse to harm, threaten, intimidate, or
control another person with whom the student has or
has had a dating relationship.

Engaging in inappropriate or indecent exposure of
2. The behavior is so unruly, disruptive, or abusive that the teacher
cannot teach and the students in the classroom cannot learn.
Any removal of a student by a teacher for behavior described in the
column at left requires that the teacher report the offense to the
principal or appropriate administrator. The principal or appropriate
administrator will then send a copy of the report to the student's
parent or guardian within 48 hours of receiving the teacher's report.
A teacher or administrator must remove a student from class if the
student engages in behavior for which the Education Code requires
the student to be placed in a Disciplinary Alternative Education
Program and/or suspended.
A teacher or administrator may remove a student from class for a
behavior for which the District has determined a student may be
placed in a Disciplinary Alternative Education Program and/or
suspended.
15
Behaviors
Consequences
private body parts.

Hazing. (See glossary)

Causing an individual to act through the use of or threat
of force (coercion).
Within three school days of receiving a Student Code of Conduct
violation report, the principal will schedule a conference with the
student's parent, the student, and the teacher )in the case of a
teacher removal).
At the conference, the principal or appropriate administrator will
inform the student of the misconduct for which he or she is charged
and give the student an opportunity to give his or her version of the
incident. The principal or appropriate administrator will notify the
student of the consequences of the Student Code of Conduct
violation.


Committing extortion or blackmail (obtaining money or
an object of value from an unwilling person).

Engaging in inappropriate verbal, physical, or sexual
conduct directed toward another student or a district
employee.
When a student is removed from the regular classroom by a teacher
and a conference is pending, the principal may place a student in:
PROPERTY OFFENSES


Out-of-school suspension.
Damaging or vandalizing property owned by others.


In-school suspension.
Damage to property equal to or in excess of $1500.00 is
felony criminal mischief and requires placement in a
DAEP or expulsion. (For felony criminal mischief see
DAEP Placement or Expulsion)

Another appropriate classroom.

A Disciplinary Alternative Education Program.

Defacing or damaging school property—including
textbooks, lockers, furniture, and other equipment—with
graffiti or by other means.

Stealing from students, staff, or the school.

Committing or assisting in a robbery or theft even if it
does not constitute a felony according to the Texas
Penal Code. (For felony robbery and theft see DAEP
Placement and Expulsion)
When a student has been formally removed from class by a teacher,
the principal may not return the student to the teacher's class without
the teacher's consent; unless the placement review committee
determines that the teacher's class is the best or only alternative
available.
POSSESSION OR USE OF PROHIBITED ITEMS

fireworks of any kind, smoke or stink bombs, or any other
pyrotechnic device;

a razor, box cutter, chain, or any other object used in a way
that threatens or inflicts bodily injury to another person;

a “look-alike” weapon;

an air gun or BB gun;

ammunition;

a stun gun;

a pocketknife or any other small knife;
16
Behaviors

mace or pepper spray;

pornographic material;

tobacco products;

matches or a lighter;

a laser pointer for other than an approved use; or

any articles not generally considered to be weapons,
including school supplies, when the principal or designee
determines that a danger exists. (For weapons and firearms
see DAEP Placement and Expulsion)
Consequences
POSSESSION OF TELECOMMUNICATIONS DEVICES

Displaying, turning on, or using a cellular telephone or
other telecommunications device on school property
during the school day.
ILLEGAL AND PRESCRIPTION DRUGS

Possessing or selling seeds or pieces of marijuana in
less than a usable amount. (For illegal drugs, alcohol,
and inhalants see DAEP Placement and Expulsion)

Possessing, using, giving, or selling paraphernalia
related to any prohibited substance. (See glossary for
“paraphernalia”)

Possessing or selling look-alike drugs or items
attempted to be passed off as drugs or contraband.

Abusing the student’s own prescription drug, giving a
prescription drug to another student, or possessing or
being under the influence of another person’s
prescription drug on school property or at a schoolrelated event.

Having or taking prescription drugs or over-the-counter
drugs at school other than as provided by district policy.
MISUSE OF COMPUTERS AND THE INTERNET

Violating computer use policies, rules, or agreements
signed by the student and/or agreements signed by the
student’s parent.

Attempt to access or circumvent passwords or other
17
Behaviors
Consequences
security-related information of the district, students, or
employees or upload or create computer viruses,
including off school property if the conduct causes a
substantial disruption to the educational environment.

Attempt to alter, destroy, or disable district computer
equipment, district data, the data of others, or other
networks connected to the district’s system, including off
school property if the conduct causes a substantial
disruption to the educational environment.

Using the Internet or other electronic communications to
threaten students or employees or cause disruption to
the educational program.

Sending or posting electronic messages that are
abusive, obscene, sexually oriented, threatening,
harassing, damaging to another’s reputation, or illegal.

Using e-mail or Web sites at school to encourage illegal
behavior or threaten school safety.

SAFETY TRANSGRESSIONS

Possessing published or electronic material that is
designed to promote or encourage illegal behavior or
that could threaten school safety.

Engaging in verbal (oral or written) exchanges that
threaten the safety of another student, a school
employee, or school property.

Making false accusations or perpetrating hoaxes
regarding school safety.

Engaging in any conduct that school officials might
reasonably believe will substantially disrupt the school
program or incite violence.

Throwing objects that can cause bodily injury or property
damage.

Discharging a fire extinguisher without valid cause.
MISCELLANEOUS OFFENSES

Violating dress and grooming standards as
communicated in the student handbook.
18
Behaviors

Cheating or copying the work of another.

Gambling.

Falsifying records, passes, or other school-related
documents.

Engaging in actions or demonstrations that substantially
disrupt or materially interfere with school activities.

Repeatedly violating other communicated campus or
classroom standards of conduct.
Consequences
19
SUSPENSION
Students may be suspended for any reason that may result in
placement in a Disciplinary Alternative Education Program.
Students with disabilities are 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.
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 not take into
consideration:
1. Self-defense (see glossary),
2. Intent or lack of intent at the time the student engaged in the
conduct, or
3. A student’s disciplinary history.
State law allows a student to be suspended for as many as three
school days per behavior violation, with no limit on the number of
times a student may be suspended in a semester or school year.
A student who is to be suspended will be given an informal
conference by the principal or appropriate administrator advising the
student of the conduct of which he or she is accused. The student
will be given the opportunity to explain his or her version of the
incident before the administrator's decision is made.
A student must be placed in a Disciplinary Alternative
Education Program if the student engages in conduct relating
to a false alarm or report (including a bomb threat) or a
terroristic threat involving a public school. (See glossary)
The number of days of a student's suspension will be determined by
the principal or other appropriate administrator, but will not exceed
three school days.
Any restrictions on participation in school-sponsored or schoolrelated extracurricular and non-curricular activities will be determined
by the principal or other appropriate administrator.
A student must be placed in a Disciplinary Alternative Education
Program for any of the following offenses, if the student commits
these offenses on school property or within 300 feet of school
property, or while attending a school-sponsored or school-related
activity on or off school property:

Engages in conduct punishable as a felony.

Commits an assault. This includes a simple assault
such as a fight with another student.

Sells, gives, or delivers to another person, or possesses,
uses, or is under the influence of marijuana, a controlled
substance, or a dangerous drug in an amount not
constituting a felony offense. (School-related felony
drug offenses are addressed in the expulsion section in
this Student Code of Conduct.) (See glossary)
REMOVAL TO AN ALTERNATIVE EDUCATION PROGRAM
Students with disabilities are 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.
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 not take into
consideration:
1. Self-defense (see glossary),
2. Intent or lack of intent at the time the student engaged in the
conduct, or

3. A student’s disciplinary history.
20


Sells, gives, or delivers to another person an alcoholic
beverage; commits a serious act or offense while under
the influence of alcohol; or possesses, uses, or is under
the influence of alcohol, if the conduct is not punishable
as a felony offense. (School-related felony alcohol
offenses are addressed in the expulsion section in this
Student Code of Conduct.)

Behaves in a manner that contains the elements of an
offense relating to abusable glue or aerosol paint or
relating to volatile chemicals.

Behaves in a manner that contains the elements of the
offense of public lewdness.

Behaves in a manner that contains the elements of the
offense of indecent exposure.

Engages in expellable conduct, if the student is between
six and nine years of age.

Commits a federal firearms violation and is younger than
six years of age.


The Board has delegated to the principal or other appropriate
administrator the authority to remove a student to a Disciplinary
Alternative Education Program.
The duration of a student's placement in a Disciplinary Alternative
Education Program will be determined by the principal or other
appropriate administrator.
A student, who on school property or at a school-related event on or
off school property sells, gives, delivers, possesses, uses, or is
under the influence of prohibited drugs, alcohol, or an inhalant, if the
conduct is not punishable as a felony, will be placed in a Disciplinary
Alternative Education Program on the first offense for a minimum of
30 school days. However, if the student sells, gives, delivers,
possesses, uses, or is under the influence of prohibited drugs,
alcohol, or an inhalant of any amount a second time in the same
school year, the student will be expelled.
After receiving a Student Code of Conduct violation report, the
principal will schedule a conference within three school days with the
student's parent, the student, and the teacher in the case of a
teacher removal.
Until a conference can be held as a result of a formal teacher
removal or administrator removal, the principal may place a student
in:
Engages in conduct that contains the elements of the
offense of retaliation against any school employee,
regardless of where or when the conduct occurs.
(Committing retaliation in combination with another
expellable offense is addressed in the expulsion section
of this Student Code of Conduct.)
Another appropriate classroom
In-school suspension
A Disciplinary Alternative Education Program
At the conference, the principal or appropriate administrator will
inform the student, orally or in writing, of the allegations against him
or her, and give the student an opportunity to give his or her version
of the incident. The principal or appropriate administrator will inform
the student of the consequences of the misbehavior and the
student's length of placement in the Disciplinary Alternative
Education Program.
Engages in conduct punishable as a felony that occurs
off school property but not at a school-sponsored or
school-related event, that injures a person in a way
listed as a Title 5 offense in the Texas Penal Code, and
that results in one of the following:
1. The student receives deferred prosecution.
2. A court or jury finds that the student has engaged in
delinquent conduct.
No later than the second business day after the conference, the
Board's designee will deliver to the juvenile court a copy of the order
placing a student in a Disciplinary Alternative Education Program
and information required by Section 52.04 of the Family Code.
3. The Superintendent or designee determines there is
reasonable belief that the student has engaged in the
conduct. (See glossary)
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. (TEC
37.008)
21
State law prohibits students placed in a Disciplinary Alternative
Education Program for mandatory removal reasons from attending
or participating in school-sponsored or school-related extracurricular
or non-curricular activities during the period of placement, including
seeking or holding honorary positions and/or membership in schoolsponsored clubs and organizations.
The District does not permit a student who is placed in a Disciplinary
Alternative Education Program for any reason determined by the
District to participate in any school-sponsored or school-related
extracurricular and non-curricular activity, including seeking or
holding honorary positions and/or membership in school-sponsored
clubs and organizations.
When a senior is placed in DAEP, 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 has unexcused absences or not
finished the days for any other reason, such as withdrawal or
transfer, the student will NOT be allowed to participate in graduation
ceremonies. Any decision concerning graduation participation will
be made by the student’s principal, whose decision is FINAL.
In accordance with state law, a student may be suspended pending
a conference and may be placed in a Disciplinary Alternative
Education Program for one of the following offenses:

Engaging in conduct punishable as a felony, other than
those listed as offenses involving injury to a person in
Title 5 of the Texas Penal Code, that occurs off school
property and not at a school-sponsored or schoolrelated event, and for which the Superintendent or
designee has reasonable belief that the student's
presence in the regular classroom threatens the safety
of other students or teachers or will hinder the education
of students.

Involvement in gang activity, including participating as a
member or pledge, or soliciting another person to
become a pledge or member of a gang.

Involvement in a public school fraternity, sorority, or
secret society, including participating as a member or
pledge, or soliciting another person to become a pledge
or member of a public school fraternity, sorority, or
secret society.

Any criminal mischief.
A student placed in the Disciplinary Alternative Education Program
will not be provided transportation unless he or she is a student with
a disability who has transportation designated as a related service in
the student's IEP.
A student placed in a Disciplinary Alternative Education Program will
be provided a review of his or her placement, including academic
status, by the principal or other appropriate administrator at intervals
not to exceed 120 days. In the case of a high school student, the
student's progress toward graduation and the student's graduation
plan will also be reviewed. At the review, the student or the
student's parent or guardian will be given the opportunity to present
arguments for the student's return to the regular classroom or
campus. The student may not be returned to the classroom of a
teacher who removed the student without that teacher's consent.
For placement in a Disciplinary Alternative Education Program to
extend beyond the end of the school year, the principal or other
appropriate administrator must determine that:
The student's presence in the regular classroom or campus presents
a danger of physical harm to students or others; or
The student has engaged in serious or persistent misbehavior that
violates the Student Code of Conduct.
22
Students who commit offenses that require placement in a
Disciplinary Alternative Education Program at the end of one
school year may be required to continue that placement at the
start of the next school year to complete the assigned term of
placement.
When a student violates the District’s Student Code of Conduct
in a way that requires the student be placed in the Disciplinary
Alternative Education Program and the student withdraws from
the District before starting or completing the Disciplinary
Alternative Education Program placement and returns, that
student will be placed in the Disciplinary Alternative Education
Program to complete the assigned term of placement.
The District has determined that the following behaviors may result
in a student's placement in a Disciplinary Alternative Education
Program:

Fighting.

Hazing.

Stealing from students, staff, or the school.

Defacing or damaging school property including
textbooks, lockers, furniture, buildings, fences and other
equipment.

Possessing razors, box cutters, chains, or any other
object used in a way that threatens or inflicts bodily
injury to another person.

Possessing or selling "look-alike" weapons.

Possessing air guns or BB guns.

Possessing ammunition.

Engaging in inappropriate verbal, physical, or sexual
contact directed toward another student or District
employee.

A student assigned to a Disciplinary Alternative Education Program
placement in another district at the time he or she moves into the
District will be placed directly into the District’s Disciplinary
Alternative Education Program.
The juvenile court will notify the District, if:
1. Prosecution of the student's case was refused for lack of
prosecutorial merit or insufficient evidence and no formal
proceedings, deferred adjudication, or deferred prosecution will
be initiated; or
2. The court or jury found the student not guilty, or made a finding
that the child did not engage in delinquent conduct or conduct
indicating a need for supervision and the case was dismissed
with prejudice, or
3. that the student was not prosecuted and not formal proceedings,
deferred adjudication or prosecution was initiated, the
administration will review the student’s placement in the DAEP.
This review is not necessary if the reason for removal is an
offense that MUST result in DAEP placement.
Engaging in conduct that constitutes sexual harassment
or sexual abuse whether the conduct is by word,
gesture, or any other sexual conduct, including requests
for sexual favors directed toward another student or
District employee.

Inappropriate or indecent exposure of a student's private
body parts.

Possessing, smoking, or using tobacco products.

Possessing or selling look-alike drugs or items
attempted to be passed off as drugs and contraband.

Possessing or selling seeds or pieces of marijuana in
less than a usable amount.

Possessing, using, giving, or selling paraphernalia
related to any prohibited substance.
On receiving the notice from the juvenile court, the Superintendent
or designee will review the student's placement in the Disciplinary
Alternative Education Program and will schedule a review of the
student's placement with the student's parent or guardian not later
than the third day after the superintendent or designee receives
notice from the juvenile court. The student may not be returned to
the regular classroom pending the review.
After reviewing the notice and receiving information from the
student's parent or guardian, the superintendent or designee may
continue the student's placement in the Disciplinary Alternative
Education Program if there is reason to believe that the presence of
the student in the regular classroom threatens the safety of other
23

Possessing or using a laser pointer for other than an
approved use.

Sending or posting messages that are abusive,
obscene, sexually oriented, threatening, harassing,
damaging to another's reputation, or illegal.



students or teachers. The student or the student's parent or
guardian may appeal the Superintendent's decision to the Board.
The student may not be returned to the regular classroom pending
the appeal.
This appeals process does not apply to placements resulting from
offenses for which the State requires placement of the student in a
Disciplinary Alternative Education Program.
Engaging in verbal or written exchanges that threaten
the safety of another student, a school employee, or
school property, using e-mail or Web sites at school
to encourage illegal behavior, or threatening school
safety.
The Board will, at the next scheduled meeting, review the notice
from the juvenile court and receive information from the student, the
student's parent or guardian, and the superintendent or designee,
and confirm or reverse the decision of the Superintendent or
designee. The Board will make a record of the proceedings.
Possessing published or electronic material that is
designed to promote or encourage illegal behavior or
could threaten school safety.
If the Board confirms the decision of the superintendent or designee,
the Board will inform the student and the student's parent or
guardian of the right to appeal to the Commissioner of Education.
The student may not be returned to the regular classroom pending
the appeal.
Repeatedly violating other communicated campus or
classroom standards of behavior.
SEXUAL ASSAULT AND CAMPUS ASSIGNMENTS
When an emergency placement occurs, the student will be given a
verbal notice of the reason for the action. Within a reasonable
amount of time after the emergency placement, the student will be
given the appropriate due process required for placement in a
Disciplinary Alternative Education Program. If emergency placement
involves a student with disabilities who receives special education
services, the term of the student's emergency removal is subject to
the requirements of federal law.
If a student has been convicted of continuous sexual abuse of a
young child or children or convicted of or placed on deferred
adjudication for sexual assault or aggravated sexual assault against
another student on the same campus, and if the victim's parents
request that the board transfer the offending student to another
campus, the offending student shall be transferred to another
campus in the district. If there is no other campus in the district
serving the grade level of the offending student, the offending
student will be transferred to a DAEP.
NEWLY ENROLLED STUDENTS
The district will continue the DAEP placement of a student who
enrolls in the district and was assigned to DAEP in an openenrollment charter school or another district
A newly enrolled student with a DAEP placement from a district in
another state will be placed as any other newly enrolled student if
the behavior committed is a reason for DAEP placement in the
receiving district.
24
EMERGENCIES
In an emergency, the principal or the principal's designee may order
the immediate placement of a student in a Disciplinary Alternative
Education Program when a student is so unruly, disruptive, or
abusive that the student's presence seriously interferes with a
teacher's ability to communicate effectively with the students in a
class, with the ability of the student's classmates to learn, or with the
operation of school or a school-sponsored activity.
Appeal
Placement and/or Expulsion for Certain Serious
Offenses
A student or the student’s parent may appeal the placement by
requesting a conference between the board or its designee, the
student, and the student’s parent. The conference is limited to the
factual question of whether the student is required to register as a
sex offender. Any decision of the board or its designee under this
section is final and may not be appealed.
This section includes two categories of serious offenses for which
the Education Code provides unique procedures and specific
consequences.
Registered Sex Offenders
Certain Felonies
Upon receiving notification in accordance with state law that a
student is currently required to register as a sex offender, the
administration must remove the student from the regular classroom
and determine appropriate placement unless the court orders JJAEP
placement.
If the student is under any form of court supervision, including
probation, community supervision, or parole, the placement will be in
either DAEP or JJAEP for at least one semester.
If the student is not under any form of court supervision, the
placement may be in DAEP or JJAEP for one semester or the
placement may be in a regular classroom. The placement may not
be in the regular classroom if the board or its designee determines
that the student’s presence:
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.
Regardless of whether placement or expulsion is required or
permitted by one of the reasons in the DAEP Placement or
Expulsion sections, in accordance with Education Code 37.0081, a
student may be expelled and placed in either DAEP or JJAEP if the
board or its designee makes certain findings and the following
circumstances exist in relation to a felony offense under Title 5 (see
glossary) of the Texas Penal Code. The student must:
 Have received deferred prosecution for conduct defined as a
Title 5 felony offense;

Have been found by a court or jury to have engaged in
delinquent conduct for conduct defined as a Title 5 felony
offense;

Have been charged with engaging in conduct defined as a Title
5 felony offense;

Have been referred to a juvenile court for allegedly engaging in
delinquent conduct for conduct defined as a Title 5 felony
offense; or

Have received probation or deferred adjudication or have been
arrested for, charged with, or convicted of a Title 5 felony
offense.
The district may expel the student and order placement under these
circumstances regardless of:
25
1. The date on which the student’s conduct occurred,
Review Committee
2. The location at which the conduct occurred,
At the end of the first semester of a student’s placement in an
alternative educational setting and before the beginning of each
school year for which the student remains in an alternative
placement, the district shall convene a committee, in accordance
with state law, to review the student’s placement. The committee
will recommend whether the student should return to the regular
classroom or remain in the placement. Absent a special finding, the
board or its designee must follow the committee’s recommendation.
The placement review of a student with a disability who receives
special education services must be made by the ARD committee.
3. Whether the conduct occurred while the student was enrolled in
the district, or
4. Whether the student has successfully completed any court
disposition requirements imposed in connection with the
conduct.
Hearing and Required Findings
The student must first have a hearing before the board or its
designee, who must determine that in addition to the circumstances
above that allow for the expulsion, the student’s presence in the
regular classroom:
5. Threatens the safety of other students or teachers,
Will be detrimental to the educational process, or
Is not in the best interest of the district’s students.
Any decision of the board or the board’s designee under this section
is final and may not be appealed.
Length of Placement
The student is subject to the placement until:
6. The student graduates from high school,
Newly Enrolled Student
If a student enrolls in the district during a mandatory placement as a
registered sex offender, the district may count any time already
spent by the student in a placement or may require an additional
semester in an alternative placement without conducting a review of
the placement.
The charges are dismissed or reduced to a misdemeanor offense, or
The student completes the term of the placement or is assigned to
another program.
Newly Enrolled Students
A student who enrolls in the district before completing a placement
under this section from another school district must complete the
term of the placement.
26
27
EXPULSION
A student must be expelled for any of the following offenses that
occur on school property or while attending a school-sponsored or
school-related activity on or off school property:

Students with disabilities are 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.
Bringing to school a firearm, as defined by federal law.
“Firearm” under federal law includes:
1. Any weapon (including a starter gun) that will, is
designed to, or may readily be converted to expel a
projectile by the action of an explosive.
In deciding whether to order expulsion, the district will not take into
consideration:
1. Self-defense (see glossary),
2. The frame or receiver of any such weapon.
2. Intent or lack of intent at the time the student engaged in the
conduct, or
3. Any firearm muffler or firearm weapon.
3. A student’s disciplinary history.
4. Any destructive device, such as any explosive,
incendiary or poison gas bomb, or grenade.

Using, exhibiting, or possessing the following, as defined
by the Texas Penal Code:
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).
When a student under the age of ten engages in behavior that is
expellable behavior, the student will not be expelled, but will be
placed in a Disciplinary Alternative Education Program. Students
under age six will not be removed from class or placed in a
Disciplinary Alternative Education Program.
State and federal law require a student to be expelled from the
regular classroom for a period of at least one calendar year for
bringing a firearm, as defined by federal law, to school. However,
the Superintendent or other appropriate administrator may modify
the length of the expulsion on a case-by-case basis and/or the
District may provide educational services to the expelled student in a
Disciplinary Alternative Education Program. The District must
provide educational services in the Disciplinary Alternative Education
Program if the student is between six and ten years of age.
2. An illegal knife, such as a knife with a blade over 5½
inches; hand instrument, designed to cut or stab another
by being thrown; dagger, including but not limited to a
dirk, stiletto, and poniard; bowie knife; sword; or spear.
3. A club such as 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.
If a student is believed to have committed an expellable offense, the
principal or other appropriate administrator will schedule a hearing
within a reasonable time. The student’s parent will be invited in
writing to attend the hearing.
4. A prohibited weapon, such as an explosive weapon; a
machinegun; a short-barrel firearm; a firearm silencer; a
switchblade knife; knuckles; armor-piercing ammunition;
a chemical dispensing device; or a zip gun. (See
glossary)

A student facing expulsion will be given a hearing with appropriate
due process. The student is entitled to:
1. Representation by the student’s parent or another adult who can
provide guidance to the student and who is not an employee of the
district,
Behavior containing the elements of the following
offenses under the Texas Penal Code:
1. Aggravated assault, sexual assault, or aggravated
sexual assault.
2. An opportunity to testify and to present evidence and witnesses in
the student’s defense, and
2. Arson. (See Glossary)
3. An opportunity to question the District’s witnesses.
3. Murder, capital murder, or criminal attempt to commit
murder.
After providing notice to the student and parent of the hearing, the
District will hold the hearing regardless of whether the student or
student’s parent attends.
Until a hearing can be held, the principal may place the student
28
4. Indecency with a child.
in:
5. Aggravated kidnapping.
Another appropriate classroom.
6. Behavior punishable as a felony that involves the selling,
giving, or delivering to another person, possessing,
using, or being under the influence of marijuana, a
controlled substance, a dangerous drug, or alcohol; or
committing a serious act or offense while under the
influence of alcohol.
In-school suspension.
Out-of- suspension
DAEP
The Board delegates to the superintendent or designee the authority
to expel students.
7. Retaliation against a school employee combined with
one of the above-listed offenses on or off school
property or at a school-related activity.
A student expelled by the superintendent after the due process
hearing may request that the Board review the expulsion decision.
The student or parent/guardian must submit a written request to the
Superintendent within seven days after receipt of the written
decision. The Superintendent must provide the student or
parent/guardian written notice of the date, time, and place of the
meeting at which the Board will review the decision. Consequences
will not be deferred pending the outcome of the hearing.
A student may be expelled for engaging in conduct relating to a false
alarm or report (including a bomb threat) or a terroristic threat
involving a public school. (See glossary)
A student may be expelled for committing any of the following
offenses on school property or while attending a school-sponsored
or school-related activity on or off school property.

Selling, giving, or delivering to another person, or
possessing, using, or being under the influence of any
amount of marijuana, a controlled substance, or a
dangerous drug.

Selling, giving, or delivering to another person, or
possessing, using, or being under the influence of any
amount of alcohol; or committing a serious act or
offense while under the influence of alcohol, if the
conduct is not punishable as a felony.

Engaging in conduct that contains the elements of an
offense relating to abusable glue, aerosol paint, or
volatile chemicals.

Engaging in criminal mischief, if punishable as a felony,
whether committed on or off school property or at a
school-related event.

Engaging in conduct that contains the elements of
assault under Section 22.01(a) (1) against an employee
or a volunteer on school property.

Engaging in conduct that contains the elements of
assault and retaliation against a school employee or
volunteer, regardless of where or when the conduct
occurs.
The Board will review the record of the expulsion hearing in a closed
meeting unless the parent/guardian requests in writing that the
matter be held in an open meeting. The Board may also hear a
statement from the student or parent/guardian and from the Board's
designee. The Board will hear statements made by the parties at
the review and will base its decision on evidence reflected in the
record and any statements made by the parties at the review. The
Board shall make and communicate its decision orally at the
conclusion of the presentation. Consequences will not be
deferred pending the outcome of the hearing.
When a student has violated the District’s Student Code of
Conduct in a way that requires expulsion from the District and
the student withdraws from the District before the expulsion
hearing takes place, the District will conduct the hearing after
sending written notice to the parent and student. If the student
returns during that school year or the next school year, he or
she will be expelled for the time specified in the expulsion
order.
Not later than the second business day after the hearing, the Board's
designee will deliver to the juvenile court a copy of the order
expelling the student and the information required by Section 52.04
of the Family Code.

The duration of an expulsion shall not exceed 180 school days.
29



Students who commit offenses that require expulsion at the
end of one school year may be expelled into the next school
year to complete the term of expulsion.
Engaging in serious or persistent misbehavior that
violates the District's Student Code of Conduct, while in
a Disciplinary Alternative Education Program. The
District defines "persistent" as two or more violations of
the Student Code of Conduct in general or repeated
occurrences of the same violation.
Expelled students are prohibited from being on school grounds or
attending school-sponsored or school-related activities during the
period of expulsion.
Serious offenses include, but are not limited to, the
following:
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 units. Students are
responsible for all costs associated with these courses. The student
may also enroll in a JJAEP.
1. Vandalism.
2. Robbery or theft.
3. Extortion, coercion, or blackmail.
4. Aggressive, disruptive action or group demonstration that
substantially disrupts or materially interferes with school
activities.
GRADUATING SENIORS AND EXPULSION: When a student is
expelled during the 12th grade, the District may allow that student to
participate in graduation ceremonies, provided that all prerequisites
for graduation are met. Any decision concerning participation in
graduation ceremonies will be made by the student’s home campus
principal, whose decision is final.
5. Hazing.
6. Insubordination.
7. Profanity, vulgar language, or obscene gestures directed toward
teachers or other school employees.
The District will not enroll any student expelled from another district
during the period of the expulsion order.
8. Fighting, committing physical abuse, or threatening physical
abuse.
9. Possession or distribution of pornographic materials.
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 will 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.
10. Leaving school grounds without permission.
11. Sexual harassment of a student or District employee.
12. Possession of or conspiring to possess any explosive or
explosive device.
13. Falsification of records, passes, or other school-related
documents.
When an emergency expulsion occurs, the student will be given
verbal notice of the reason for the action. Within a reasonable
amount of time after the emergency expulsion, the student will be
given the appropriate due process required for a student facing
expulsion. If emergency expulsion involves a student with
disabilities who receives special education services, the term of the
student's emergency expulsion is subject to the requirements of
federal law.
14. Refusal to accept discipline management techniques assigned
by the teacher or principal.
In an emergency, the principal or the principal's designee may order
the immediate expulsion of a student when people or property are in
imminent danger of harm.
30
III.
ATTENDANCE, TARDIES, AND ABSENCES
A. COMPULSORY EDUCATION
1. Overview
All persons between the ages of six and eighteen (unless otherwise exempted) are subject to compulsory full-time education. Children
are required to attend school between certain ages, and are allowed to attend school between other ages. Unless specifically
exempted by EC §25.086 or exempted under another law, compulsory school education is required: (1) for a child who is at least six
years of age, or who is younger than six years of age and previously been enrolled in first grade, and (2) who has not yet reached the
child's eighteenth birthday. Persons are eligible to attend school who are at least five and under twenty-one years of age on September
1 of any school year in which admission is sought. Students with a disability are eligible to attend school beginning on their third
birthday. Eligible students with a disability who have not reached their twenty-second birthday on September 1 of the current scholastic
year are authorized to attend school. An eligible student with a visual or auditory impairment is authorized to participate in the school’s
special education program from birth. A child who is required to attend school shall attend each school day for the entire period the
program of instruction is provided. At the end of the semester, a child may be required to attend school to complete discipline or
attendance requirements. Once a child is enrolled as a student in pre-kindergarten or kindergarten, the child must attend school.
Unless specifically exempted, a student who is likely to be retained must attend either tutorial classes or an extended-year program
provided by the district. A child required to attend school may be excused for temporary absences resulting from any cause acceptable
to the principal or superintendent of the school in which the child is enrolled. [EC 25.087(a)] Students participating in school-related
activities are not counted absent. If the district chooses to use Saturday School, as a means of credit recovery or for disciplinary
reasons, be advised that State Law considers this assignment an extension of the school week, therefore the student is obligated under
mandatory attendance laws to be in attendance.
2. Required Warning
If any parent of or a person standing in parental relation to a child who is required to attend school fails to require the child to attend
school, the attendance officer shall warn the parent in writing that attendance is immediately required. If, after this warning, a parent or
person standing in parental relation fails to comply and if the child has unexcused voluntary absences for the amount of time specified
under Family Code 51.03(b)(2), the attendance officer shall file a complaint against him or her in appropriate court, as permitted under
EC 25.093. In addition, if the child has been referred to the juvenile court for engaging in conduct in need of supervision, the
attendance officer shall also file a complaint against the parent in that court. If no referral has been made, the attendance officer shall
refer the child to the county juvenile probation department for action as engaging in conduct indicating a need for supervision.
The district will notify a student’s parent in writing if, in a six-month period, the student has been absent without an excuse five times for
any part of the day. The notice will state that if the student is absent without an excuse for ten or more days or parts of days in a sixmonth period, the student and the student’s parent are subject to prosecution. The fact that a parent did not receive the notice
described above is not a defense to prosecution neither for the parent’s failure to require a child to attend school nor for the student’s
failure to attend. Delinquent conduct indicating a need for supervision (subjecting a parent and child to prosecution for truancy in the
justice court) is: the unexcused voluntary absence of a child on ten or more days or parts of days within a six-month period or three or
25
more days or parts of days within a four-week period without the consent of the child’s parents. For purposes of a determination that a
child is in need of supervision by juvenile court, “child” does not include a person who is married, divorced, or widowed.
3. Tardies
Disciplinary action will be applied to students who violate the tardy policy of each campus.
4. Religious Holy Days
A student will be excused if observing holy days, if before the absence, the parent, guardian, or person having custody or control of the
student submits a written request for the excused absence. Excused days for travel shall be limited to not more than one day for travel
to and one day for travel from the site where the student will observe the religious holy days. The student will not be penalized for the
absence and shall be counted as being in attendance at school.
5. Health Care Appointments
If the student has a documented appointment with a health care professional during regular school hours, he/she will be counted
present if the student begins classes or returns to school on the same day of the appointment. The appointment should be supported
by a document such as a note from the health care professional. Students excused under this provision shall be allowed a reasonable
time to make up schoolwork missed on those days. If the student satisfactorily completes the work, the days of absence shall be
counted as days of compulsory attendance. A student who brings appropriate documentation from a health care professional resulting
in an excused absence for an appointment shall not be penalized for the absence and shall be counted as having attended for
purposes of calculating the average daily attendance in the district.
6. Personal Illness
When a student's absence for personal illness exceeds five consecutive days, the student shall present a statement from a physician or
health clinic verifying the illness or other condition requiring the student’s extended absence from school. The attendance committee
may, if the student has established a questionable pattern of absences, also require a physician’s or clinic’s statement of illness after a
single day’s absence as a condition of classifying the absence as one for which there are extenuating circumstances.
7. Attendance for Credit for a Class
A student shall be given credit for a class only if the student has been in attendance 90 percent of the days the class is offered, unless
the attendance committee appointed by the Board gives the student credit because there were extenuating circumstances for the
absences. A student and the student’s parent or guardian shall be given written notice prior to and upon a student’s attendance in any
class dropping below 90 percent of the days the class is offered. When a student’s attendance drops below 90 percent, the student,
parent, or representative may submit a written petition to the appropriate attendance committee requesting award of credit. Petitions for
credit may be filed at any time the student receives notice, but in any event no later than 30 days after the last day of classes. The
attendance committee shall review the student’s entire attendance record and the reasons for absences and shall determine whether to
award credit. The attendance committee may review the record of all students whose attendance drops below 90 percent of the days
26
the class is offered, whether or not a petition is filed. If a student is denied credit for a class by an attendance committee, the student
may appeal the decision to the Board of Trustees by submitting a written request to the superintendent.
8. Make-up Work
Makeup assignments or tests shall be made available to students after any absence. Teachers will inform their students of the amount
of time allotted for completing make-up work after an absence; however, the student shall be responsible for obtaining and completing
the make-up assignments in a satisfactory manner within the allotted amount of time.
IV. GENERAL INFORMATION
A. Standards of Conduct for Student Officers
Any student elected or serving in a student office, selected for a school honor, or representing the school in extracurricular activities
shall have and maintain a good citizenship record, both in and out of school, on and off campus. “Good citizenship” in this context shall
mean setting a good example or being a good role model to other students and avoiding serious misconduct, including but not limited
to, use of drugs or alcohol, participation in criminal activity, assault, vandalism, or any other behavior that would be a violation of school
rules if the behavior occurred at school or at a school-related event.
The student’s failure to maintain a good citizenship record, regardless of whether the behavior is school related, may be grounds for
suspension or withdrawal of the office, honor, or extracurricular privileges for a period of time to be determined by the principal and
authorized sponsor. The suspension of withdrawal of the office, honor, or extracurricular privileges shall not exceed one school year. If
the behavior leading to the suspension or withdrawal of privileges occurs in the last 12 weeks of the school year, the suspension or
withdrawal period may be extended to include the fall semester of the following year.
B. Extra Curricular Activities
Sponsors and coaches of extracurricular activities, including interscholastic athletics, FFA, FCCLA, cheerleading and student council
may develop and enforce standards of behavior that are higher than the District-developed student code of conduct and may condition
membership or participation in the activity on adherence to those standards. Extracurricular standards of behavior may take into
consideration conduct that occurs at any time, on or off school property. No provision of an extracurricular behavior standard shall have
the effect of discriminating on the basis of sex, race, disability, religion, or ethnicity.
Organizational standards of conduct of an extracurricular activity are independent of the student code of conduct. Violations of these
standards of conduct that are also violations of the student code of conduct may result in independent disciplinary actions. A student
may be removed from participation in extracurricular activities or may be excluded from school honors for violation of organizational
standards of conduct of an extracurricular activity or for violations of the student code of conduct.
27
C. Dress Code
The District’s dress code is established to teach grooming and hygiene, instill discipline, prevent disruption, avoid safety hazards, and
teach respect for authority. Students shall be dressed and groomed in a manner that is clean and neat and that will not be a health or
safety hazard to themselves or others. The District prohibits any clothing or grooming that in the principal’s judgment may reasonably
be expected to cause disruption of or interference with normal school operations. Reasonable restrictions may be placed on student
dress and speech if such restrictions are necessary for the peaceful operation of the school. Wearing either identified gang apparel or
wearing clothing in a gang-style as identified by law enforcement agencies is prohibited.
The District prohibits pictures, emblems, or writings on clothing that: (a) are lewd, offensive, vulgar, or obscene, or (b) advertise or
depict tobacco products, alcoholic beverages, drugs, or any other substance prohibited under FNCF (LEGAL). The student and parent
may determine the student’s personal dress and grooming standards, provided that they comply with the general guidelines set out
above and with the student dress code.
If the principal determines that a student’s grooming violates the dress code, the student shall be assigned to ISS for the remainder of
the day. Repeated dress code offenses may result in more serious disciplinary action. Appropriate discipline procedures shall be
followed in all cases in accordance with the Student Code of Conduct. The school’s dress code motto is “OUT OF CODE, OUT OF
POPULATION”.
It is of the opinion of the Board of Education and the administration that a student learns and reacts according to his self-pride.
Therefore, the students of Southland I.S.D. shall meet all standards acceptable to this community in relation to dress, grooming, and
conduct. The principal/designee, in connection with the sponsor, coach, or other person in charge of an extra-curricular activity, may
regulate the dress and grooming of students who participate in the activity if the principal/designee reasonably believes that the
student's dress or grooming:
1. Creates a hazard to the student's safety or to the safety of others.
2. Will prevent, interfere with, or adversely affect the purpose, direction, or effort required for the activity to achieve its goal.
3. Project a negative image of Southland ISD.
Dress Code Violations:
1. If the student's dress or grooming is objectionable under these provisions, the student will be removed from population immediately.
2. The principal, coach, or any other person in charge of an extracurricular activity, including banquets, may regulate the dress and
grooming of students who participate in these activities. Violation of the dress code at these activities will result in ISS placement.
28
3. Any attire or other items considered gang related by the administration or law officials will be confiscated and not returned to student
or parent. These items will be turned over to the Garza County Sheriff’s Department.
4. Students who violate provisions of the dress code relating to extra-curricular activities may be removed or excluded from the extracurricular activities for such period as the principal/designee and/or activity sponsor may determine.
5. Exceptions to the dress code may be made for special events with administrator approval.
Attire:
Student attire should be appropriate, decent, and non-disruptive. The school administration will determine whether a student's attire is
potentially disruptive.
The following is prohibited according to Southland ISD dress code:
1. Wearing articles of clothing that promote gangs, alcohol, tobacco, or drugs is prohibited. Some articles of clothing or attire that has
been determined to be inappropriate to the standards of this campus and are not to be worn include, but is not limited to, clothing
with language, pictures, or drawings, which may be interpreted as obscene, will not be allowed. Also prohibited is clothing that is
identified as gang apparel or articles of clothing that the student wears in a gang style, this includes items which may represent any
association with a gang, such as gang colors or bandannas. Any clothing which administration determines is a school safety
concern, either real or perceived, is also prohibited.
2. Immodest dress will not be allowed, which may include:
*Strapless dresses, sundresses, see-through materials
*Tank tops, halter tops, fish net or spaghetti straps,
*Low cut dresses, blouses, or shirts
*Inappropriate sleeveless shirts or mini-skirts
*Clothing which reveals a bare midriff or undergarments
3. Shirts and dresses must have material that covers the shoulder area to the edge of the shoulder at the top of the arm. Shoulder
straps on shirts must be at least 3 inches wide across the shoulder. Shirts must be at least 4 inches below the waistline of any
pants or shorts. Mid-drift should not be visible at any time.
4. Proper undergarments will be worn at all times and will never be exposed.
29
5. Headdress articles will not be permitted in class. These include curlers, headbands, caps, hats or other head ornaments. Caps
may not be worn during school hours (7:00 until 5:00). Caps and hats worn on school property or at school related activities during
non-restricted times must be worn as designed (with bill pointing forward).
6. Sunglasses (except by written permission of physician) or improper eyewear will not be permitted in any building.
7. All shirts, blouses or any top garment must be buttoned appropriately.
8. Shoes must be worn at all times. Prohibited are shower shoes, slippers, pool shoes and house shoes. Socks are required when
appropriate.
9. No skates of any kind are allowed. This includes shoes with built in or attachable wheels.
10. No baggy pants. Oversized clothing is not allowed. Waistbands will be worn no lower than top of the hipbone. Waistbands will fit so
that the garment does not “slide” down without a belt. Belts are required as needed. Pant legs will not touch or drag on the floor. If
pants/shorts width, “bagginess”, or too-large-a-fit, gives the appearance of sagging, they are prohibited and the student will be
placed in ISS. Sagging is not permitted. Nothing looser than a “loose fit” will be acceptable.
11. Thrasher jeans are not permitted. This includes, but is not limited to, ripped jeans, torn jeans and/or jeans with holes.
12. No trench coats of any kind.
13. Bandanas are not permitted; this includes any headdress articles. These items will be confiscated and will not be returned.
14. No tank tops, muscle shirts, cutaway sweatshirts, etc. Any shirt with an indecent insignia or slogan will not be allowed.
15. Unusual or non-traditional jewelry will not be permitted. This includes, but is not limited to, heavy chains, spikes, and dog collars.
16. Prohibited unusual or non-traditional jewelry includes nose wear such as rings or studs, tongue rings or studs, or other body piercing
jewelry of any kind, with the exception of pierced earrings for female students.
17. Male students may not wear earrings. This includes clip earrings, pierced earrings or studs, or any item used as a post in a pierced
ear such as broom straws, pieces of plastic, etc.
30
18. Any attire considered in poor taste or judged to be a possible disruption will not be allowed. This includes, but is not limited to:





clothing that depicts violence or gore
clothing that is lewd, offensive or vulgar
clothing that advertises or depicts tobacco, alcohol, drugs, or other prohibited substances
clothing which portrays ‘Marilyn Manson’, ‘South Park’, or other groups and/or characters which has been determined to represent a
variance from community standards
clothing that resembles prison and/or jail issue or mental ward attire
19. Shorts must be hemmed. Shorts cannot be gym shorts, spandex, wind shorts or cutoffs. Skin-tight fitting material is not permitted.
Shorts may not be worn over warm-ups or worn below the waistline. Shorts or pants with writing across the seat are not
acceptable.
20. All garments must meet minimum length requirements. An acceptable guideline for skirt or short length should be no more than 6
inches from the bottom of the knee. If a question arises, this will be checked by having the student place his/her knee in a chair and
measure from the chair to where the skirt or short starts or the upper most part of any slit in the skirt.
21. Gang related tattoos and insignias are forbidden. All tattoos should be covered.
22. Chains on wallets will not be allowed for safety purposes.
Grooming:
Cleanliness and proper grooming are necessary for students to project a positive image, and personal appearance affects behavior.
Because of the importance of appearance, SISD has established these guidelines to be followed:
1. There are many acceptable hairstyles, so long as they are not extreme. If dyes, tints, or bleaches are used, the resulting color must
look like natural human hair. The hair on top of the head must be neatly groomed. The length and the bulk of the hair will be as
such that it does not present a ragged, unkempt, or extreme appearance. Design hair writing is prohibited. Notching of the
eyebrows is not permitted.
2. Unusual hairstyles considered to be disruptive will not be permitted. This includes excessive hair coloring, style, length, and/or fad
haircuts. The young men of Southland I.S.D. will ensure that the hair when combed will not fall over the ears or eyebrows or touch
the collar except for the closely cut hair at the back of the neck. Sideburns must be neatly trimmed. The base will not be flared, nor
will it extend below the lowest part of the exterior ear. The bottom will be a clean-shaven horizontal line. The young men of
Southland I.S.D. will not have ponytails, rat-tails or hair tails. There will be no irregular areas above the bottom of the ear.
31
3. Beards, goatees, moustaches, excessive sideburns or other inappropriate facial hair are not permitted.
4. Unusual facial make-up or adornments that may be considered to be a possible disruption will not be allowed.
5. All styles considered to be potentially disruptive cannot be listed; therefore the school administration will determine whether a
particular style is to be considered disruptive and inappropriate.
Students who are found to be in violation of the school dress code will be required to face disciplinary action. Violations will result in the
student being required to correct the violation and then being immediately assigned to ISS. It is the responsibility of teachers and
principal to judge the appropriateness of a student's attire and personal grooming. Students are encouraged to ask the opinion of
school principal before purchasing questionable clothing or changing personal appearance in a way that according to these guidelines
might be considered inappropriate.
D. Care of School Property
A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately
caused by: (1) the negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other
persons to exercise that duty; or (2) the willful and malicious conduct of a child who is at least 12 years of age but under 18 years of
age. (FC 41.001) If a child, age 10 through 16, engages in conduct that results in damage to District property, the District may institute
formal charges for the purpose of having the juvenile court order the child, or parent, to make full or partial restitution to the District in
accordance with law. (FC 51.02, 54.041)
Students shall not vandalize or otherwise damage or deface any property, including furniture and other equipment, belonging to or used
by the school district. Students shall be responsible for the care and return of state-owned textbooks and school-owned library books
and will be charged for lost or damaged books.
32
E. Paging Devices/Phone
A “paging device” is a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or
delivers a communication to the possessor. The District prohibits students from displaying, turning on, or using a cellular telephone or
other telecommunications device on school property during the school day or while attending school-sponsored or school-related
activities on or off school property. Students who violate this policy shall be subject to established disciplinary measures. District
employees shall confiscate any paging devices or telephones found on school property or found while attending school sponsored or
school-related activities on or off school property. Confiscated paging devices or telephones will be dealt with in the following manner:
1st offense – Will be returned to a student upon conference and payment of $15.00 fine.
2nd offense – Will be returned to parent upon conference and payment of $30.00 fine.
3rd offense – Will be held for the remainder of the school year and returned to parent upon payment of $45.00 fine. Student will
also be placed in ISS for defiance.
F. RADIOS, CD PLAYERS, LASER POINTERS AND OTHER ELCTRONIC DEVICES AND GAMES
Students are not permitted to possess such items as radios, CD players, tape recorders, camcorders, DVD players, cameras, electronic
devices, laser pointers or games at school, unless prior permission has been obtained from the principal. Without such permission,
teachers will collect the item and turn it in to the principal’s office. The principal will determine whether to return the item at the end of
the year to the student or to contact the parent and have them pick the item up. In some situations, the confiscated item may not be
returned.
G. Videotapes and Recordings
A District employee may, without consent of a child’s parent, make a videotape or recording of the child if the videotape or recording is
to be used only for purposes of safety, media, or the maintenance of order and discipline in common areas of the school or on school
buses. (EC26.009 (b) (1)
H. Visitors to Campus
Visitors or “outsiders” should not be on school grounds without registering with the principal’s office. The school administrator may
refuse to allow entry of an outsider if there is reasonable evidence that the outsider’s presence or conduct would disrupt school
operation, damage property or result in the distribution of unlawful or controlled substances. School administrators may direct a non
student to leave campus if there is reasonable cause to believe that person (1) would be disruptive or interfere with school activities, or
(2) has engaged in conduct or has come to school premises to engage in activities likely to interfere with peaceful activities. Law
enforcement authorities will be called if outsiders do not comply with directives to leave school grounds.
33
I. School Safety Plan
The district is committed to making school safety a top priority. The collaboration of all youth-serving professionals within the
community is essential to the attainment of this goal. A comprehensive school wide improvement effort has been implemented to
upgrade intervention and response plans. The district continues to work closely with law enforcement and community agencies to help
reduce the chances of violence occurring on school campuses. The District’s School Safety Plan is designed to help prevent the
occurrence of violent acts. If a crisis situation occurs, new procedures for the proper reaction to a variety of emergency situations have
been defined. The plan supports safety concerns with effective emergency procedures to promote an orderly, calm process during the
crisis.
J. Other Rules and Procedures
Each campus has established additional student rules and procedures which are applicable and appropriate to the age of their
students. These rules are detailed in the “Student-Parent Handbook” and are given to students at the beginning of school or when they
enroll.
K. Complaints
Generally, students or parents are entitled to informal conferences with administrators to resolve their complaints. If a complaint
involves a problem with a teacher, the student or parent, in most circumstances, is expected to discuss the matter with the teacher
before requesting a conference with the principal at Level One (below).
Level One
Level Two
Level Three
A student or parent who has a complaint shall request a conference with the principal within ten days of the time the
student or parent knew, or should have known, of the event or series of events causing the complaint. The principal shall
schedule and hold a conference with the student or parent within seven days of the request.
If the outcome of the conference with the principal is not to the student’s or parent’s satisfaction, the student or parent may
request, within ten days, a conference with the Superintendent or designee, who will schedule and hold a conference.
Prior to or at the time of the conference, the student or parent shall submit a written complaint that includes a statement of
the complaint, any evidence in its support, the solution sought, the student’s or parent’s signature, and the date of the
conference with the principal.
If the outcome of the conference with the Superintendent or designee is not to the student’s or parent’s satisfaction, the
student or parent may submit to the Superintendent a written request to place the matter on the agenda of the next regular
Board meeting. The Superintendent will inform the student or parent of the date, and place of the meeting. The presiding
officer shall establish a reasonable time limit for complaint presentations. The District shall make an audiotape record of
the Level Three proceeding before the Board. The Board shall hear the complaint and take whatever action it deems
appropriate. The lack of official action by the Board shall uphold the administrative decision at Level Two. If the complaint
involves concerns or charges regarding an employee, it shall be heard by the Board in closed meeting unless the
employee to whom the complaint pertains requests that it be public.
34
35
Definitions
Abusable glue or aerosol paint offenses or offenses relating to volatile chemicals
No student shall inhale, ingest, apply, use, or possess an abusable glue, aerosol paint, or substance containing a 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 glue, paint, or substance;
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.
Health and Safety Code 484.003, 485.031; Board Policy FNCF (LEGAL)
No student shall intentionally manufacture, deliver, or possess with intent to manufacture or deliver abusable glue, or aerosol paint that does
not contain additive material in accordance with rules adopted by the Commissioner of Health.
Health and Safety Code 485.032; Education Code 37.006; Board Policy FNCF (LEGAL)
No student who is 18 or older shall intentionally, knowingly, or recklessly deliver abusable glue or aerosol paint to a person who is younger
than 18 years old. No student who is 18 or older shall sell or deliver a substance containing a volatile chemical as described in Health and
Safety Code 484.005(a)(2) to a person younger than 18.
Health and Safety Code 484.005, 485.033; Education Code 37.006; Board Policy FNCF (LEGAL)
No person shall intentionally or knowingly use or possess with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce
into the body an abusable glue, aerosol paint, or other substance that contains a volatile chemical.
Health and Safety Code 484.004, 485.034; Education Code 37.006; Board Policy FNCF (LEGAL)
Aggravated assault
“Aggravated assault” is defined as causing serious bodily injury to another or using or exhibiting a deadly weapon during the commission of
any assault.
Education Code 37.007(a) (2); Penal Code 22.02(a); Board policy FNCH (LEGAL)
“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.
Penal Code 1.07(46), (17)
36
Aggravated Kidnapping
(a) A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
(1)
hold him for ransom or reward;
(2)
use him as a shield or hostage;
(3)
facilitate the commission of a felony or the flight after the attempt or commission of a felony;
(4)
inflict bodily injury on him or violate or abuse him sexually;
(5)
terrorize him or third person; or
(6)
interfere with the performance of any governmental or political function.
(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.
Penal Code 20.04
Aggravated Sexual Assault
“Aggravated sexual assault” is defined as sexual assault 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.
Education Code 37.007(a) (2) (A); Penal Code 22.021; Board policy FNCH (LEGAL)
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:
(1) any vegetation, fence, or structure on open-space land; or
(2) any building, habitation, or vehicle:
(A) knowing that it is within the limits of an incorporated city or town;
37
(B) knowing that it is insured against damage or destruction
(C) knowing that it is subject to a mortgage or other security interest;
(D) knowing that it is located on property belonging to another;
(E) knowing that it has located within it property belonging to another; or
(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.
(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.
Penal Code 28.02
Assault
Students are prohibited from assaulting anyone on school property or at any school-related event. Simple assault is defined as:
1. Intentionally, knowingly, or recklessly causing bodily injury to another. Education Code 37.006(a)(1); Penal Code 22.01(a)(1); Board
policy FNCH (LEGAL)
2. Intentionally or knowingly threatening another with imminent bodily injury. Penal Code 22.01(a)(2); Board policy FNCH (LEGAL)
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); Board policy FNCH (LEGAL)
“Bodily injury” is defined as physical pain, illness, or any impairment of physical condition. Penal Code 1.07(8)
Bullying
Written or oral expression or physical conduct that a school District’s Board of Trustees or the board’s designee determines:
7. To 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; or
8. To be sufficiently severe, persistent, or pervasive to create an intimidating, threatening, or abusive educational environment for a
student.
Controlled Substance and Dangerous Drug
Controlled substances or dangerous drugs include but are not limited to marijuana; any narcotic drug, hallucinogen, stimulant, depressant,
amphetamine, barbiturate; or prescription medicine provided to any person other than the person for whom the prescription was written.
Policy FNCF Local
38
Criminal Mischief
(a) A person commits an offense if, without the effective consent of the owner:
(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.
Penal Code 28.03
Deadly conduct
Occurs when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury, such as knowingly
discharging a firearm in the direction of an individual, habitation, building, or vehicle.
Deferred adjudication
May be offered to a student who is 17 or older, as an alternative to seeking a conviction in court.
Deferred prosecution
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.
Delinquent conduct
Conduct that violates either state or federal law and is punishable by imprisonment or confinement in jail. Delinquent conduct also includes
conduct that violates certain juvenile court orders, including probation orders. However, delinquent conduct does not include violations of
traffic laws.
Discretionary
Something is left to or regulated by a local decision maker.
Disruption of Classes and/or Lawful Assembly
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.
39
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.
Board policy FNCI (LEGAL)
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.
Conduct that disrupts the educational activities of a school includes:
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.
Education Code 37.124; Board policy GKA (LEGAL)
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.
Education Code 37.123; Board policy GKA (LEGAL)
40
False Alarm or Report
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:
1. Cause action by an official or volunteer agency organized to deal with emergencies;
2. Place a person in fear of imminent serious bodily injury; or
3. Prevent or interrupt the occupation of a building, room, or place of assembly.
Gang Activity
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.
Gang activities and gang involvement are described as:
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:
a.
Soliciting others for membership.
b.
Requesting any person to pay protection or otherwise intimidating or threatening any person.
c.
Committing any other illegal act or other violation of District policies.
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.
Policy FMC Local
Graffiti
Making marks with aerosol paint or an indelible marker on tangible property of the owner without the effective consent of the owner. The
markings may include inscriptions, slogans, drawings, or paintings.
Harassment
Repeated unwelcome and offensive slurs, jokes, or other oral, written, graphic, or physical conduct related to an individual’s race, color,
religion, national origin, disability, or age that creates an intimidating, hostile, or offensive educational or work environment.
41
Hazing
“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.
Education Code 37.151; Southland ISD Board Policy FNCC (LEGAL)
A person commits an offense if the person commits any of the following:
1. Engages in hazing.
2. Solicits, encourages, directs, aids and/or attempts to aid another in an act of hazing.
3. Recklessly permits hazing to occur.
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.
Education Code 37.152; Southland ISD Board Policy FNCC (LEGAL)
Hit list
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.
42
Indecency with a Child
A person commits an offense if, with a child younger than 17 years and not the person’s spouse, whether the child is of the same or
opposite sex, the person:
(a)
(1)
engages in sexual contact with the child or causes the child to engage in sexual contact; or
(2)
with intent to arouse or gratify the sexual desire of any person:
(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.
In this section, “sexual contact” means the following acts, if committed with the intent to arouse or gratify the sexual desire of any
person:
(c)
(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.
Penal Code 21.11
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. Penal Code 21.08
Mandatory
Something is obligatory or required because of an authority.
Murder
[Subsections (a) and (b) are not pertinent to school offenses.]
(c) A person commits an offense of murder if he:
(1)
intentionally or knowingly caused the death of an individual;
(2)
intends to cause serious bodily injury and commits an act clearly dangerous to human life that caused the death of an individual;
or
43
(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.
Penal Code 19.02
Capital Murder, Criminal Attempt to Commit Capital Murder
(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;
(5)
the person, while incarcerated in a penal institution, murders another:
(6)
(7)
(8)
(A)
who is employed in the operation of the penal institution; or
(B)
with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
the person:
(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;
the person murders more than one person:
(A)
during the same criminal transaction; or
(B)
during different criminal transactions but the murders are committed pursuant to the same scheme or course of
conduct; or
the person murders an individual under six years of age. Penal Code Section 19.03
Paging Device or Cellular Telephone
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.
Education Code 37.082; Southland ISD Policy FNCE (LEGAL)
44
Paraphernalia
Any device that can be used to inhale, ingest, inject, or otherwise introduce a controlled substance into a human body.
Persistent Misbehavior
“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 means to have an item on one’s person or in one’s personal property, including but not limited to clothing, purse, or backpack; a private
vehicle used for transportation to or from school or school-related activities, including but not limited to an automobile, truck, motorcycle, or bicycle;
or any other school property used by the student, including but not limited to a locker or desk.
Prohibited Weapons
“Prohibited weapons” are defined as follows:
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). Penal Code 46.03(a), 46.01(3); Board Policy FNCG
(LEGAL)
2. 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).. Penal Code 46.01(6), 46.03(a); Education Code 37.007(1)(B); Board policy FNCG
(LEGAL), FNCG (LOCAL)
3. 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); Board policy FNCG (LEGAL)
4. 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); Board policy FNCG (LEGAL)
5. 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); Board
policy FNCG (LEGAL)
6. 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). Penal Code 46.01 (11); Board policy FNCG (LEGAL)
7. 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);
Board policy FNCG (LEGAL)
45
8. 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); Board policy FNCG (LEGAL)
9. 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); Board policy FNCG (LEGAL)
10. A zip gun (a device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smoothbore or rifled-bore barrel by using the energy generated by an explosion or burning substance). Penal Code 46.01(16); Board policy
FNCG (LEGAL)
11. 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); Board policy
FNCG (LEGAL)
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.
Education Code 37.125
Public Lewdness
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:
(1) act of sexual intercourse;
(2) act of deviate sexual intercourse;
(3) act of sexual contact; or
(4) act involving contact between the person’s mouth or genitals and the anus or genitals of an animal or fowl.
Penal Code 21.07
Reasonable belief
Determination can be made by the Superintendent or designee using all available information, including the information furnished under Article
15.27 of the Code of Criminal Procedure. Administrators may place a student in a Disciplinary Alternative Education Program if they have a
reasonable belief that the student engaged in felony conduct under Title 5. Administrators also may place a student in a Disciplinary Alternative
Education Program if they have a reasonable belief that the student committed felony conduct that is not a Title 5 offense, and the Superintendent
believes 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.
46
Retaliation
Intentionally or knowingly harms or threatens to harm another by an unlawful act:
(1) in retaliation for or on account of the service or status of another as a:
(A) public servant
(B) person who has reported or who the actor knows intends to report the occurrence of a crime; or
(2) to prevent or delay the service of another as a:
(A) public servant, witness, prospective witness, or informant; 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.
Penal Code 1.07 (25), 36.06
Self-defense
The use of force against another to the degree a person reasonably believes the force is immediately necessary to protect him or herself.
Penal Code 9.31 (a)-(b)
Serious Offenses
“Serious offenses” includes, but is not limited to, the following offenses:

Conduct punishable as a felony

Assault resulting in bodily injury

Making a false report or alarm of bombing, fire, or other emergency involving a public school

Terroristic threat involving a public school

Offenses relating to marijuana, controlled substances and dangerous drugs

Offenses relating to alcohol

Offenses relating to abusable glue, volatile chemicals and aerosol paint

Indecent exposure

Public lewdness

Retaliation against a school employee, regardless of where the conduct takes place
47

Using profanity, lewd or vulgar language, or obscene gestures directed at a school employee

Lying about the conduct of other students or making false accusations about district employees

Failing to comply with campus or district policies

Committing extortion, coercion, or blackmail

Committing or assisting in a robbery, theft, or burglary

Damaging or vandalizing the property of others, including district property, when the value of the damage is less than $1,500

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

Pulling a fire alarm or discharging a fire extinguisher in a building owned or operated by the district when there is not smoke, fire, or
danger that requires evacuation

Possessing or using martial arts objects

Inappropriate physical or sexual contact, whether or not it is consensual

Conduct that constitutes sexual harassment or sexual abuse

Inappropriate or indecent exposure of a student’s body parts

Possessing or selling look-alike drugs or items attempted to be passed off as drugs or contraband

Gambling of any kind

Hazing

Repeatedly violating other previously communicated campus or classroom standards of behavior\

Committing an assault of any kind
Sexual Assault
“Sexual assault” is defined as intentionally or knowingly causing physical sexual contact or sexual penetration 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.
Education Code 37.007(a) (2) (A); Penal Code 22.011; Board policy FNCH (LEGAL)
48
School Property
Any property owned by the school district or over which the school district or its personnel exert lawful authority, including property visited by
students in connection with a school sponsored activity, such as a field trip or extracurricular activity.
Sexual Harassment
Unwelcome sexual conduct of a physical, verbal or graphic nature which (a) occurs solely because of a person’s gender, (b) interferes with a
person’s performance, and (c) creates an intimidating, hostile or offensive school or work environment.
Terroristic Threat
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
(2) place any person in fear of imminent serious bodily injury; or
(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.
Penal Code 22.07
TITLE 5 OFFENSES
Involve injury to a person and include murder; kidnapping; sexual assault; indecency with a child; injury to a child, an elderly person, or a
disabled person; abandoning or endangering a child; deadly conduct; terroristic threat; aiding a person to commit suicide; and tampering
with a consumer product.
Under the Influence
“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 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.
Policy FNCF (LOCAL)
Use
Voluntarily introducing into one’s body, by any means, a prohibited substance.
49
SOUTHLAND ISD
2007-2008 Career and Technology Education Nondiscrimination Statement
It is the policy of Southland ISD not to discriminate on the basis of race, color, national origin, sex or handicap in its vocational
programs, services or activities as required by Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Education
Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as amended.
It is the policy of Southland ISD to support districts as they provide a free, appropriate education to all students consisting of regular
and special education and related aides and services in career and technology education programs that are designed to meet individual
educational needs of disabled persons as adequately as the needs of non-disabled persons are met and are based upon adherence to
provisions set forth in 34 CFR 104.33-104.36; 34 CFR 104.31-104.40; (see also standards under V-C, V-D, V-E, V-F, V-G, and V-H).
It is the policy of Southland ISD not to discriminate on the basis of race, color, national origin, sex, handicap, or age in its employment
practices as required by Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975, as amended; and Section 504 of the Rehabilitation Act of 1973, as amended.
Southland ISD will take steps to assure that a lack of English language skills will not be a barrier to admission and participation in all
educational and vocational programs.
For information about your rights or grievance procedures, contact the Title IX Coordinator and Section 504 Coordinator Toby Miller,
Superintendent, Rt. 2, Box 103 Southland, Texas 79364, 806-996-5599.
50
SOUTHLAND ISD
2007-2008
Declaracíon del Nondiscriminación de la Educación
de la Carrera y de la Technología
Es norma de Southland ISD de no discriminar por motives de raza, color, origen nacional, sexo o impedimento, en sus programas,
servicios o activades vocacionales, tal como lo requiren el Título VI de la Ley de Derechos Civiles de 1964, según enmienda; el Titulo
IX de las Enmiendas en la Educacion, de 1972, y la Seccion 504 de la Ley de Rehabilitacion de 1973, segun enmienda.
Es norma de Southland ISD de no discriminar por motives de raza, color, origen nacional, sexo, impedimento o edad, en sus
procedimientos de empleo, tal como lo requieren el Titulo VI de la Lay de Derechos Civiles de 1964, según enmienda; al Título IX de
las Enmiendas en la Educación, de 1972, la ley de Discriminación por Edad, de 1975, según enmienda, y la Sesión 504 de la Ley de
Rehabilitacion de 1973, según enmienda.
Está escrito en el reglamento de Southland ISD el proveer educación adecuada y gratuita a todos los alumnos que son parte del
programa de educación especial o regular y que reciben ayuda o servicios en programas educativos relacionados con educación
vocacional y tecnológica, diseñados para cumplir con las necesidades educativas individuales de personas incapacitadas del mismo
modo en que se cumplen las necesidades de personas no incapacitadas y esto está basado en las provisiones señaladas en 34 CFR
104. 36;34 CFR 104.31-104.40; (también ver bajo V-C, V-D, V-E, V-F, V-G, V-H).
Southland ISD tomará las medidas necesarias para asegurar que la falta de habilidad en el uso de la lengua ingle no sea un obstáculo
para la admisión y participación en todos los programas educativos y vocacionales.
Para información sobre sus derechos o procedimientos para quejas, comuniquese con el Coordinador del Titulo IX, Toby Miller,
Superintendent, Rt. 2, Box 103 Southland, Texas 79364, 806-996-5599 y/o el Coordinador de la Sección 504 Toby Miller,
Superintendent, Rt. 2, Box 103 Southland, Texas 79364, 806-996-5599.
51
FORM FOR PARENT’S OR GUARDIAN’S SIGNATURE
STUDENT NAME:
_______________________________________
GRADE LEVEL:
_______________________________________
In order to ensure that every effort is made to inform parents and students of SISD policies, we ask that you sign the
following statement:
I understand that my child, _______________________________________, and any other children that I
have attending Southland ISD, will be held accountable for the behavior and consequences outlined in the Student
Code of Conduct. I understand that this includes all behavior at school, school-sponsored activities, schoolsponsored travel, and for any school-related misconduct regardless of time or location. I understand that any
student who violates the Student Code of Conduct is subject to disciplinary action by the school and that a referral
for criminal prosecution is possible for violations of law.
PARENT/GUARDIAN: _______________________________________
DATE:
_______________________________________
Please return this form to the office by August 31, 2007.
52
FORM FOR STUDENTS ACKOWLEDGEMENT OF RECEIPT AND
ACCOUNTABILITY OF STUDENT CODE OF CONDUCT
STUDENT NAME:
_______________________________________
GRADE LEVEL:
_______________________________________
In order to ensure that every effort is made to inform parents and students of SISD policies, we ask that you sign the
following statement:
I understand that I, _______________________________________, will be held accountable for the behavior
and consequences outlined in the Student Code of Conduct. I understand that this includes all behavior at school,
school-sponsored activities, school-sponsored travel, and for any school-related misconduct regardless of time or
location. I understand that if I violate the Student Code of Conduct I am subject to disciplinary action by the school
and that a referral for criminal prosecution is possible for violations of law.
STUDENT SIGNATURE: _______________________________________
DATE:
_______________________________________
53
Download