FOC(LEGAL) - STUDENT DISCIPLINE: PLACEMENT IN A DISCIPLINARY ALTERNATIVE EDUCATION SETTING

Removal Under Student Code of Conduct

Mandatory Placement in DAEP

School-Related Misconduct

Engages in conduct punishable as a felony.

Engages in conduct that contains the elements of assault, under Penal Code 22.01(a)(1).

Sells, gives, or delivers to another person or possesses, uses, or is under the influence of:

Marijuana or a controlled substance, as defined by the Texas Controlled Substances Act, Health and Safety Code Chapter 481, or by 21 U.S.C. 801, et seq.;

A dangerous drug, as defined by the Texas Dangerous Drug Act, Health and Safety Code Chapter 483.

Sells, gives, or delivers to another person an alcoholic beverage, as defined by Alcoholic Beverage Code 1.04, or commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage.

Engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Health and Safety Code 485.031 through 485.034.

Engages in conduct that contains the elements of the offense of public lewdness under Penal Code 21.07.

Engages in conduct that contains the elements of the offense of indecent exposure under Penal Code 21.08.

Exception

Retaliation

Conduct Unrelated to School

The student receives deferred prosecution under Family Code 53.03 for conduct defined as a felony offense in Penal Code Title 5 or the felony offense of aggravated robbery under Penal Code 29.03;

A court or jury finds that the student has engaged in delinquent conduct under Family Code 54.03 for conduct defined as a felony offense in Penal Code Title 5 or the felony offense of aggravated robbery under Penal Code 29.03; or

The superintendent or designee has a reasonable belief that the student has engaged in conduct defined as a felony offense in Penal Code Title 5 or the felony offense of aggravated robbery under Penal Code 29.03.

Reasonable Belief

Title 5 Felonies

Murder. Penal Code 19.02

Capital Murder. Penal Code 19.03

Manslaughter. Penal Code 19.04

Criminally Negligent Homicide. Penal Code 19.05

Unlawful Restraint, if:

The person restrained was younger than 17 years of age; or

The actor recklessly exposes the victim to a substantial risk of serious bodily injury; restrains an individual the actor knows is a public servant while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty; or while in custody restrains any other person.

Penal Code 20.02

Kidnapping. Penal Code 20.03

Aggravated Kidnapping. Penal Code 20.04

Smuggling of Persons. Penal Code 20.05

Continuous Smuggling of Persons. Penal Code 20.06

Trafficking of Persons. Penal Code 20A.02

Continuous Trafficking of Persons. Penal Code 20A.03

Continuous Sexual Abuse of Young Child or Children. Penal Code 21.02

Bestiality. Penal Code 21.09

Indecency with a Child. Penal Code 21.11

Improper Relationship between Educator and Student. Penal Code 21.12

Invasive Visual Recording. Penal Code 21.15

Unlawful Disclosure or Promotion of Intimate Visual Material. Penal Code 21.16

Voyeurism, if the victim was younger than 14 years of age at the time of the offense. Penal Code 21.17

Sexual Coercion. Penal Code 21.18

Assault, if the offense is punishable as a felony as specified in Penal Code 22.01(b), (b-1), and (b-2). Penal Code 22.01

Sexual Assault. Penal Code 22.011

Aggravated Assault. Penal Code 22.02

Aggravated Sexual Assault. Penal Code 22.021

Injury to a Child, Elderly Individual, or Disabled Individual. Penal Code 22.04

Abandoning or Endangering a Child. Penal Code 22.041

Deadly Conduct, if the person knowingly discharges a firearm at or in the direction of one or more individuals, or at or in the direction of a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. Penal Code 22.05

Terroristic Threat, if the actor threatens to commit any offense involving violence to any person or property with intent to:

Place any person in fear of imminent serious bodily injury if the actor knows the person is a peace officer or judge;

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 if the prevention or interruption causes pecuniary loss of $1,500 or more to the owner;

Cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;

Place the public or a substantial group of the public in fear of serious bodily injury; or

Influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision.

Penal Code 22.07

Aiding Suicide, if the conduct causes suicide or attempted suicide that results in serious bodily injury. Penal Code 22.08

Tampering with Consumer Product. Penal Code 22.09

Harassment by Persons in Certain Facilities or of Public Servant. Penal Code 22.11

Sexual Assault of Another Student

The student was convicted of, received adjudication for, or was placed on probation for sexual assault of another student while the students were assigned to the same campus, regardless of whether the assault occurred on or off school property;

The parent of the victim of the assault has requested that the student be transferred to a campus other than that to which the victim is assigned; and

There is only one campus in a district serving the grade level in which the student is enrolled.

Permissive Removal

Non-Title 5 Felony

The superintendent or designee has a reasonable belief [see Reasonable Belief, above] that the student has engaged in conduct defined as a felony offense other than aggravated robbery under Penal Code 29.03, or those offenses listed in Penal Code Title 5 [see above at Title 5 Felonies]; and

The continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.

Bullying

Engages in bullying that encourages a student to commit or attempt to commit suicide;

Incites violence against a student through group bullying; or

Releases or threatens to release intimate visual material of a minor or student who is 18 years of age or older without the student's consent.

Definitions

"Bullying"
"Intimate Visual Material"

One Year After Conduct

Certain Organization and Gang Membership and Solicitation

Older Students

Placement of Younger Students

Students Younger Than Six

Process for Removal

Conference

Mitigating Factors

Order

Appeal

Term of Removal

Beyond Grading Period or 60 Days

No Appeal

Beyond End of School Year

The student's presence in the regular classroom program or at the student's regular campus presents a danger of physical harm to the student or another individual; or

The student has engaged in serious or persistent misbehavior that violates the Student Code of Conduct.

Order of Removal

Activities

Completion of Proceedings Upon Withdrawal

Enrollment in Another District

The student was placed in a DAEP by an open-enrollment charter school and the charter school provides the district a copy of the placement order; or

The student was placed in a DAEP by a district in another state and:

The out-of-state district provides a copy of the placement order; and

The grounds for placement are the same as grounds for placement in the enrolling district.

Out-of-State Placement

The student is a threat to the safety of other students or to district employees; or

Extended placement is in the best interest of the student.

Court-Ordered Placement

A court may not order a student expelled under Section 37.007 to attend a school district DAEP as a condition of probation;

A court may not order a student to attend a DAEP without a district's consent, until the student has successfully completed any sentencing requirements, if the court has ordered the student to attend a DAEP as a condition of probation once during a school year and the student is referred to juvenile court again during that school year.

School Activities

Placement After Court Disposition

Not Guilty/ Insufficient Evidence/Charges Dropped

Prosecution of a student was refused for lack of prosecutorial merit or insufficient evidence, and no formal proceedings, deferred adjudication, or deferred prosecution will be initiated; or

A court or jury found the student not guilty or made a finding the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case was dismissed with prejudice.

Appeal After Placement Upheld

120-Day Review of Status

Additional Proceedings

Reporting

Note: See FOF for provisions concerning students with disabilities.

Lockhart ISD

FOC(LEGAL)-P

UPDATE 109

DATE ISSUED: 10/10/2017