FO(LEGAL) - STUDENT DISCIPLINE

Student Code of Conduct

  1. Specify the circumstances, in accordance with Education Code Chapter 37, Subchapter A, under which a student may be removed from a classroom, campus, disciplinary alternative education program (DAEP), or vehicle owned or operated by the district.
  2. Specify conditions that authorize or require a principal or other appropriate administrator to transfer a student to a DAEP.
  3. Outline conditions under which a student may be suspended, as provided by Education Code 37.005 [see FOB], or expelled, as provided by Education Code 37.007 [see FOD].
  4. Specify that consideration will be given, as a factor in each decision concerning suspension, removal to a DAEP, expulsion, or placement in a juvenile justice alternative education program (JJAEP), regardless of whether the decision concerns a mandatory or discretionary action, to:
    1. Self-defense;
    2. Intent or lack of intent at the time the student engaged in the conduct;
    3. A student's disciplinary history;
    4. A disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct;
    5. A student's status in the conservatorship of the Department of Family and Protective Services; or
    6. A student's status as a student who is homeless.
  5. Provide guidelines for setting the length of removal to a DAEP or of expulsion. Except as provided by Education Code 37.007(e) (Gun-Free Schools Act [see FOD]), a district is not required to specify a minimum term of removal or expulsion.
  6. Address the notification of the parent or guardian of a student's violation of the Student Code of Conduct that results in suspension, removal to a DAEP, or expulsion.
  7. Prohibit bullying, harassment, and making hit lists and ensure that district employees enforce those prohibitions. "Bullying" has the meaning provided by Education Code 37.0832. [See FFI] "Harassment" means threatening to cause harm or bodily injury to another student, engaging in sexually intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student's physical or emotional health or safety. "Hit list" means a list of people targeted to be harmed using a firearm, as defined by Penal Code 46.01(3) [see FNCG]; a knife, as defined by Penal Code 46.01(7) (any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument); or any other object to be used with intent to cause bodily harm.
  8. Provide, as appropriate for students at each grade level, methods, including options, for:
    1. Managing students in the classroom, on school grounds, and on a vehicle owned or operated by the district;
    2. Disciplining students; and
    3. Preventing and intervening in student discipline problems, including bullying, harassment, and making hit lists.
  9. Include an explanation of the provisions regarding refusal of entry to or ejection from district property under Education Code 37.105 [see GKA], including the appeal process established under 37.105(h).

Law Enforcement Duties

Changes in SCOC

Posting

Notice to Parents

Noncustodial Parent

Copies to Staff

Campus Behavior Coordinator

Duties

Notice to Parents

Website Requirement

  1. The campus behavior coordinator; or
  2. If the district has been designated as a district of innovation under Education Code Chapter 12A [see AF] and is exempt from the requirement to designate a campus behavior coordinator under the district's local innovation plan, a campus administrator designated as being responsible for student discipline.

No Unsupervised Setting

Continuation of Disciplinary Action

Opportunity to Complete Courses

Alternative Means to Receive Coursework

Seclusion

  1. Is designed solely to seclude a person; and
  2. Contains less than 50 square feet of space.
  1. Is employed or commissioned by a school district; or
  2. Provides, as a school resource officer, a regular police presence on a school district campus under a memorandum of understanding between the district and a local law enforcement agency.

Exceptions

  1. A peace officer performing law enforcement duties; or
  2. An educational services provider with whom a student is placed by a judicial authority, unless the services are provided in an educational program of a school district.

Law Enforcement Duties

Restraint Reports

Corporal Punishment

Parent Statement

Definition

Use of Force to Maintain Discipline

Aversive Techniques

  1. Is designed to or likely to cause physical pain, other than an intervention or technique permitted under Education Code 37.0011 [see Corporal Punishment, above];
  2. Notwithstanding the above corporal punishment provisions, is designed to or likely to cause physical pain through the use of electric shock or any procedure that involves the use of pressure points or joint locks;
  3. Involves the directed release of a noxious, toxic, or otherwise unpleasant spray, mist, or substance near the student's face;
  4. Denies adequate sleep, air, food, water, shelter, bedding, physical comfort, supervision, or access to a restroom facility;
  5. Ridicules or demeans the student in a manner that adversely affects or endangers the learning or mental health of the student or constitutes verbal abuse;
  6. Employs a device, material, or object that simultaneously immobilizes all four extremities, including any procedure that results in such immobilization known as prone or supine floor restraint;
  7. Impairs the student's breathing, including any procedure that involves:
    1. Applying pressure to the student's torso or neck; or
    2. Obstructing the student's airway, including placing an object in, on, or over the student's mouth or nose or placing a bag, cover, or mask over the student's face;
  8. Restricts the student's circulation;
  9. Secures the student to a stationary object while the student is in a sitting or standing position;
  10. Inhibits, reduces, or hinders the student's ability to communicate;
  11. Involves the use of a chemical restraint;
  12. Constitutes a use of timeout that precludes the student from being able to be involved in and progress appropriately in the required curriculum and, if applicable, toward the annual goals included in the student's individualized education program, including isolating the student by the use of physical barriers; or
  13. Except as provided below, deprives the student of the use of one or more of the student's senses.
  1. Does not cause the student discomfort or pain; or
  2. Complies with the student's individualized education program or behavior intervention plan.

Videotapes and Recordings

Teacher Documentation

Reports

Disciplinary Alternative Education Programs

  1. Information identifying the student, including the student's race, sex, and date of birth, that will enable TEA to compare placement data with information collected through other reports;
  2. Information indicating whether the placement was based on:
    1. Conduct violating the Student Code of Conduct;
    2. Conduct for which a student may be removed from class by a teacher [see FOA and the Student Code of Conduct];
    3. Conduct for which placement in a DAEP is required [see FOC and the Student Code of Conduct]; or
    4. Conduct occurring while a student was enrolled in another district and for which placement in a DAEP is permitted by Education Code 37.008(j);
  3. The number of full or partial days the student was assigned to the program and the number of full or partial days the student attended the program; and
  4. The number of placements that were inconsistent with the guidelines on length of placement in the Student Code of Conduct.

Expulsions

  1. Information identifying the student, including the student's race, sex, and date of birth, that will enable TEA to compare placement data with information collected through other reports;
  2. Information indicating whether the expulsion was based on:
    1. Conduct for which expulsion is required, including information specifically indicating whether a student was expelled for bringing a firearm to school; or
    2. Conduct for which expulsion is permitted;
  3. The number of full or partial days the student was expelled;
  4. Information indicating whether:
    1. The student was placed in a JJAEP;
    2. The student was placed in a DAEP; or
    3. The student was not placed in a JJAEP or other alternative education program; and
  5. The number of expulsions that were inconsistent with the guidelines on length of expulsion in the Student Code of Conduct.

Out-of-School Suspensions

  1. Information identifying the student, including the student's race, sex, and date of birth, that will enable TEA to compare placement data with information collected through other reports;
  2. Information indicating the basis for the suspension;
  3. The number of full or partial days the student was suspended; and
  4. The number of out-of-school suspensions that were inconsistent with the guidelines included in the Student Code of Conduct under Education Code 37.001(a)(3) [see Student Code of Conduct, item 3, above].

Longview ISD

FO(LEGAL)-P

UPDATE 114

DATE ISSUED: 10/28/2019