FOE(LEGAL) - STUDENT DISCIPLINE: EMERGENCY AND ALTERNATIVE PLACEMENT

Emergency Placements

DAEP

Expulsion

Procedure

Students with Disabilities

Immunity

Education Code 37.019

Title 5 Felony or Aggravated Robbery

The student has been arrested for, charged with, referred to a juvenile court for, received deferred prosecution for, received probation for, received deferred adjudication for, found by a court or jury to have engaged in, or been convicted of, conduct defined as a felony offense in Penal Code, Title 5 [see FOC(LEGAL) at TITLE 5 FELONIES] or the felony offense of aggravated robbery under Penal Code 29.03; and

The board or the board's designee determines that the student's presence in the regular classroom:

Threatens the safety of other students or teachers;

Will be detrimental to the educational process; or

Is not in the best interests of the district's students.

The date the conduct occurred;

The location of the conduct;

Whether the conduct occurred while the student was enrolled in the district; or

Whether the student has successfully completed any court disposition requirements imposed in connection with the conduct.

Alternative Setting

A juvenile justice alternative education program (JJAEP), if a district is located in a county that operates a JJAEP or the district contracts with the juvenile board of another county for the provision of a JJAEP; or

A DAEP.

Duration of Placement

The student graduates from high school;

The charges are dismissed or reduced to a misdemeanor offense; or

The student completes the term of the placement or is assigned to another program

Education Code 37.0081

Registered Sex Offenders

Applicability

Removal from Regular Classroom

Education Code 37.302–.303

Student Under Court Supervision

Require the student to complete an additional semester in the appropriate alternative education program without conducting a review of the student's placement for that semester; or

Count any time spent by the student in an alternative education program in the district from which the student transfers toward the mandatory placement requirement.

Education Code 37.304

Student Not Under Court Supervision

Threatens the safety of other students or teachers;

Will be detrimental to the educational process; or

Is not in the best interests of the district's students.

Education Code 37.305

Appropriate Program

Exception

The memorandum of understanding between the district and juvenile board provides for the placement of students who are registered sex offenders in JJAEP; or

A court orders the placement of the student in a JJAEP.

Education Code 37.309–.310

Review

Review Committee

A classroom teacher from the campus to which the student would be assigned were the student not placed in an alternative education program;

The student's parole or probation officer or, in the case of a student who does not have a parole or probation officer, a representative of the local juvenile probation department;

An instructor from the alternative education program to which the student is assigned;

A district designee selected by the board or designee; and

A school counselor employed by the district.

Recommendation

Threatens the safety of other students or teachers;

Will be detrimental to the educational process; or

Is not in the best interests of the district's students.

Does not threaten the safety of other students or teachers;

Will not be detrimental to the educational process; and

Is not contrary to the best interests of the district's students.

Education Code 37.306

Appeal

Education Code 37.311

Liability

Waive any liability or immunity of a governmental entity or its officers or employees; or

Create any liability for or a cause of action against a governmental entity or its officers or employees.

Education Code 37.312

Special Education Student

Education Code 37.307

Transfer Students

Marshall ISD

FOE(LEGAL)-P

UPDATE 91

DATE ISSUED: 10/7/2011