Sexual Assault and Campus Assignments 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 parent or another person with the authority to act on behalf of the victim requests 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 shall be transferred to a DAEP. Process Removals to a DAEP shall be made by the campus behavior coordinator. Conference When a student is removed from class for a DAEP offense, the campus behavior coordinator or appropriate administrator shall schedule a conference within three school days with the student’s parent, the student, and the teacher, in the case of a teacher removal. At the conference, the campus behavior coordinator or appropriate administrator shall inform the student, orally or in writing, of the reasons for the removal and shall give the student an explanation of the basis for the removal and an opportunity to respond to the reasons for the removal. Following valid attempts to require attendance, the district may hold the conference and make a placement decision regardless of whether the student or the student’s parents attend the conference. Consideration of Mitigating Factors In deciding whether to place a student in a DAEP, regardless of whether the action is mandatory or discretionary, the campus behavior coordinator shall take into consideration: Self-defense (see glossary), Intent or lack of intent at the time the student engaged in the conduct, The student’s disciplinary history, or A disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct. Placement Order After the conference, if the student is placed in the DAEP, the campus behavior coordinator shall write a placement order. A copy of the DAEP placement order shall be sent to the student and the student’s parent. Not than the second business day after the conference, the board’s designee shall deliver to the juvenile court a copy of the placement order and all information required by Section 52.04 of the Family Code. If the student is placed in the DAEP and the length of placement is inconsistent with the guidelines included in this Code, the placement order shall give notice of the inconsistency.
Glossary Abuse is improper or excessive use. Aggravated robbery is defined in part by Texas Penal Code 29.03(a) as when a person commits robbery and: Causes serious bodily injury to another; Uses or exhibits a deadly weapon; or Causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is: 65 years of age or older, or A disabled person. ammunition is defined by Texas Penal Code 46.01 as handgun ammunition used in pistols and revolvers and designed primarily for the purpose of penetrating metal or body armor. Arson is defined in part by Texas Penal Code 28.02 as: A that involves starting a fire or causing an explosion with intent to destroy or damage: Any vegetation, fence, or structure on open-space land; or Any building, habitation, or vehicle: Knowing that it is within the limits of an incorporated city or town, Knowing that it is insured against damage or destruction, Knowing that it is subject to a mortgage or other security interest, Knowing that it is located on property belonging to another, Knowing that it has located within it property belonging to another, or When the person starting the fire is reckless whether the burning or explosion will endanger the life of some individual or the safety of the property of another. A crime that involves recklessly starting a fire or causing an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle; or A that involves intentionally starting a fire or causing an explosion and in so doing: Recklessly damages or destroys a building belonging to another, or Recklessly causes another person to suffer bodily injury or Assault is defined in part by Texas Penal Code §22.01(a)(1) as intentionally, knowingly, or recklessly causing bodily injury to another; §22.01(a)(2) as intentionally or knowingly threatening another with imminent bodily injury; and §22.01(a)(3) as intentionally or knowingly causing physical contact with another that can reasonably be regarded as offensive or provocative. Breach of Computer Security includes knowingly accessing a computer, computer network, or computer system without the effective consent of the owner as defined in Texas Penal Code 33.02, if the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district; and the student knowingly alters, damages,
Index admission, review, and dismissal (ARD) committee, 11, 27 appeals process board review of expulsion, 34 DAEP appeals, 23, 25 discipline management techniques, 13 sex offender registry, 27 attendance, 4 board of trustees, 1 campus behavior coordinator, 2, 13 campus rules, 4, 10 cell phones. See electronic devices. cheating. See prohibited behavior. classroom rules, 4, 10 computers, 8 abusive behavior, 9 breach of security, 8 cyberbullying, 8 hacking/cracking, 8 illegal activity, 9 online impersonation, 9 threatening behavior, 8 vandalism, 8 See also technology resources. confiscation of student property confiscation of property. See discipline management techniques. consideration of mitigating factors, 21 corporal punishment. See discipline management techniques. counseling, 12 courtesy, 4 crimes aggravated robbery, 6, 19, 20, 28, 30 breach of computer security, 30 breach of security, 8 criminal mischief, 2, 6, 19, 30 criminal proceedings and placement in DAEP, 25 felonies, 2, 6, 19–20, 25, 28, 30, 33 reporting, 3 Title 5 offenses, 19, 20, 28, 43 expulsion and placement, 28 hearing and required findings, 28 length of placement, 29 newly enrolled students, 29 delinquent conduct, 20, 25, 28, 39 demonstrations, 9 detention. See discipline management techniques. disciplinary alternative education program (DAEP), 18, 27 appeals. See appeals process. coursework notice, 22 discretionary placement, 19 elementary school students, 18 emergency placement, 21, 26 extracurricular activities, 23, 24 grade classification, 18 graduation, 24 length of placement, 22 mandatory placement, 19 300 foot rule, 19–20 notice of criminal proceedings, 25 placement review, 24 pre- and post-assessments, 22 process, 21 restrictions during placement, 23 summer programs, 18 transportation, 24 under age six, 20 under age ten, 20 discipline management techniques, 11 alternative educational setting, 12 appeals. See appeals process. behavioral contracts, 12 bus privileges, 12, 14 confiscation of property, 11 corporal punishment, 12 counseling, 12 criminal prosecution, 13 DAEP. See disciplinary alternative education program (DAEP). demerits, 11 detention, 12 expulsion. See expulsion. extracurricular organizations, 12 grade reductions, 12 in-school suspension, 12 loss of privileges, 12
hazing, 6 hit lists, 5 hoaxes, 9 inappropriate conduct, 6 inciting violence, 9 indecent exposure, 6, 20 insubordination, 5 invasive visual recording, 43 leaving school grounds, 5 misuse of technology resources, 8 on school 5 online impersonation, 9 profanity, 5 recording without consent, 6 repeated offenses, 9 robbery, 6 sexting, 8 sexual abuse, 5 sexual assault, 21, 22 sexual harassment, 5 smuggling or continuous smuggling of persons, 43 stealing, 6 terroristic threat, 19, 30, 44 6 threats, 5, 9 throwing objects, 9 trafficking of persons, 43 under the influence, 31 vandalism, 6 volatile chemicals, 20, 31 voyeurism, 43 prohibited air guns, 7 alcohol, 33 ammunition, 7 31, 33 33 e-cigarettes, 7, 40 firearms, 20, 32 fireworks, 6 handgun, 33 knives, 31, 33 lighters, 7 mace, 7 matches, 7 other dangerous items, 6, 7, 31 weapons, 33 pepper 7 pornography, 7 stun guns, 7 tobacco, 7 property, 4 protests. See demonstrations. removal from the regular educational setting, 15 respect, 4 restorative discipline practices, 11 retaliation, 2, 20, 30, 33 routine referral, 15 safety, 4, 9 searches desks, 2 lockers, 2 vehicles, 2 secret society, 19, 42 self-defense, 17, 18, 21, 30 self-discipline, 4 serious misbehavior, 32 sex offender, 2, 27, 28 appeal of placement as a registered sex offender, 27 newly enrolled student, 27 sexual abuse, 5 See also prohibited behavior. sexual assault campus assignments, 21 See also prohibited behavior. sexual harassment, 5 See also prohibited behavior. smart phones. See electronic devices. sorority, 19, 42 special education, 11 standards for student conduct, 4 student handbook conflict with Student Code of Conduct, 1 students with disabilities, 1, 27 discipline management techniques, 11 transportation while in DAEP, 24 suspension in-school. See discipline management techniques.
out-of-school, 12, 17 technology resources district policy, 8 See also computers. telecommunications devices. See electronic devices. time-out. See discipline management techniques. Title 5 offenses. See crimes. transfers campus assignments, 21 transportation, 2 discipline management techniques, 12 rules for conduct, 5 while in DAEP, 24