FOB(LEGAL) - STUDENT DISCIPLINE: OUT-OF-SCHOOL SUSPENSION

Suspension Authorized

The principal or other appropriate administrator may suspend a student who engages in conduct identified in the Student Code of Conduct as conduct for which a student may be suspended. Education Code 37.005(a)

Maximum Length

A suspension may not exceed three school days. Education Code 37.005(b)

[See FO for provisions regarding coursework to students in suspension.]

Students Below Grade 3

A student who is enrolled in a grade level below grade 3 may not be placed in out-of-school suspension unless while on school property or while attending a school-sponsored or school-related activity on or off of school property, the student engages in:

  1. Conduct that contains the elements of an offense related to weapons under Penal Code 46.02 or 46.05;
  2. Conduct that contains the elements of a violent offense related under Penal Code 22.01, 22.011, 22.02, 22.021; or
  3. Selling, giving, or delivering to another person or possessing, using, or being under the influence of any amount of:
    1. Marihuana or a controlled substance, as defined by Health and Safety Code Chapter 481, or by 21 U.S.C. Section 801 et seq.;
    2. A dangerous drug, as defined by Health and Safety Code Chapter 483; or
    3. An alcoholic beverage, as defined by Alcoholic Beverage Code 1.04.

Education Code 37.005(c)

Students Who Are Homeless

A district may not place a student who is homeless in out-of-school suspension unless the student engages in conduct described at items 1–3, above, while on school property or while attending a school-sponsored or school-related activity on or off of school property. The campus behavior coordinator may coordinate with the district's homeless education liaison to identify appropriate alternatives to out-of-school suspension for a student who is homeless. In Education Code 37.005(d), "student who is homeless" has the meaning assigned to the term "homeless children and youths" under 42 U.S.C. Section 11434a. Education Code 37.005(d)

Positive Behavior Program

A district may develop and implement a program, in consultation with campus behavior coordinators employed by the district [see FO] and representatives of a regional education service center, that provides a disciplinary alternative for a student enrolled in a grade level below grade 3 who engages in conduct described by Education Code 37.005(a) [at Suspension Authorized, above] and is not subject to 37.005(c) [at Students below Grade 3, above]. The program must:

  1. Be age-appropriate and research-based;
  2. Provide models for positive behavior;
  3. Promote a positive school environment;
  4. Provide alternative disciplinary courses of action that do not rely on the use of in-school suspension, out-of-school suspension, or placement in a disciplinary alternative education program to manage student behavior; and
  5. Provide behavior management strategies including:
    1. Positive behavioral intervention and support;
    2. Trauma-informed practices;
    3. Social and emotional learning;
    4. A referral for services, as necessary; and
    5. Restorative practices.

A district may annually conduct training for district staff on the program adopted.

Education Code 37.0013

Newcastle ISD

FOB(LEGAL)-P

UPDATE 114

DATE ISSUED: 11/20/2019