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