FOD(LEGAL) - STUDENT DISCIPLINE: EXPULSION

Students Younger Than Ten

Overage Students

Mandatory Expulsion

School Related

  1. Engages in conduct that contains the elements of the offense of unlawfully carrying weapons under Penal Code 46.02 or elements of an offense relating to prohibited weapons under Penal Code 46.05 [see FNCG];
  2. Engages in conduct that contains the elements of the offense of aggravated assault, sexual assault, aggravated sexual assault, arson, murder, capital murder, criminal attempt to commit murder or capital murder, indecency with a child, aggravated kidnapping, aggravated robbery, manslaughter, criminally negligent homicide, or continuous sexual abuse of a young child or children, as those offenses are defined in the Penal Code; or
  3. Commits a drug- or alcohol-related offense described at Education Code 37.006(a)(2)(C) or (D), if that conduct is punishable as a felony.

Exception

  1. At an approved target range facility that is not located on a school campus; and
  2. While participating in or preparing for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Parks and Wildlife Department or a shooting sports sanctioning organization working with the department.

Retaliation

Federal Firearms Offense

Exception

Provision of Educational Services

Definitions

"School"
"Firearm"
  1. Any weapon (including a starter gun), which will or is designed to or which may readily be converted to expel a projectile by the action of an explosive;
  2. The frame or receiver of any such weapon;
  3. Any firearm muffler or firearm silencer; or
  4. Any destructive device. "Destructive device" means any explosive, incendiary, or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one-quarter ounce, mine, or device similar to any of the preceding described devices. It also means any type of weapon (other than a shotgun shell or a shotgun that is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and any combination of parts either designed or intended for use in converting any device into a destructive device as described in this item, and from which a destructive device may be readily assembled.

Discretionary Expulsion

Threats

School-Related Conduct

  1. Sells, gives, or delivers to another person, or possesses, uses, or is under the influence of any amount of:
    1. Marijuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. section 801 et seq.; or
    2. A dangerous drug, as defined by Chapter 483, Health and Safety Code; or
    3. An alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code.
  2. Engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Health and Safety Code 485.031–485.034.
  3. Engages in conduct that contains the elements of an offense under Penal Code 22.01(a)(1) against a school district employee, or a volunteer as defined by Education Code 22.053.
  4. Engages in conduct that contains the elements of the offense of deadly conduct under Penal Code 22.05.

Conduct Within 300 Feet of School

  1. Any conduct for which expulsion would have been mandatory under Education Code 37.007(a) [see Mandatory Expulsion—School Related, above]; or
  2. Possession of a firearm, as defined by 18 U.S.C. sec. 921 [see Federal Firearm Provision, above].

Retaliation Against School Employee or Volunteer

Conduct Against Another Student

Bullying

  1. Engages in bullying that encourages a student to commit or attempt to commit suicide;
  2. Incites violence against a student through group bullying; or
  3. 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"

Criminal Mischief

Breach of Computer Security

  1. The conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district; and
  2. The student knowingly alters, damages, or deletes school district property or information; or commits a breach of any other computer, computer network, or computer system.

Serious Misbehavior in DAEP

  1. Deliberate violent behavior that poses a direct threat to the health or safety of others;
  2. Extortion, meaning the gaining of money or other property by force or threat;
  3. Conduct that constitutes coercion, as defined by Penal Code 1.07; or
  4. Conduct that constitutes the offense of:
    1. Public lewdness under Penal Code 21.07;
    2. Indecent exposure under Penal Code 21.08;
    3. Criminal mischief under Penal Code 28.03;
    4. Personal hazing under Penal Code 37.152; or
    5. Harassment, under Penal Code 42.07(a)(1), of a student or district employee.

Property or Activities of Another District

  1. The student engages in conduct for which expulsion would have been mandatory if the conduct had occurred on district property or while attending a district-sponsored or district-related activity; and
  2. The student engages in that conduct on the property of another district or while attending a school-sponsored or school-related activity of another district in this state.

Expulsion Proceedings

Due Process

Notice

Hearing

Representative

Mitigating Factors

Term of Expulsion

Beyond One Year

  1. The student is a threat to the safety of other students or to district employees; or
  2. Extended placement is in the best interest of the student.

Notice of Expulsion Order

To Parent or Guardian

To Court

  1. All information in a district's possession pertaining to the identity of the child and the child's address; the name and address of the child's parent, guardian, or custodian; the names and addresses of any witnesses; and the child's present whereabouts; and
  2. A complete statement of the circumstances of the alleged delinquent conduct or conduct indicating a need for supervision.

To Juvenile Board

To Staff

Completion of Proceeding Upon Withdrawal

Additional Proceedings

Appeals

Restrictions on Court Orders

Exception

District Responsibility for Expelled Student

Students Not Eligible for Existing JJAEP

Contracting for Services

Certain Districts

  1. The district's DAEP.
  2. A contracted placement with another school district, an open-enrollment charter school, an institution of higher education, an adult literacy council, or a community organization that can provide an educational program that allows the student to complete the credits required for high school graduation.

Return to Class

Early / Permissive

Required

Expelled from Another District

Out-of-State Expulsion

  1. The out-of-state district provides a copy of the expulsion order; and
  2. The grounds for the expulsion are also grounds for expulsion in the district in which the student is enrolling.
  1. The student is a threat to the safety of other students or to district employees; or
  2. Extended placement is in the best interest of the student.

Note: See FOF for provisions concerning expulsion of students with disabilities.

Marshall ISD

FOD(LEGAL)-P

UPDATE 109

DATE ISSUED: 10/23/2017