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  3. COURTS ENTER SCHOOLHOUSE • Tinker v. Des Moines—studentsacquire 1st Amendmentrights in school—1969. (speech) • Goss v. Lopez—students acquire the right to due process, 14th Amendment rights in school—1975. • New Jersey v. T.L.O.—students acquire 4th Amendment rights in school—1985. (unreasonable searches) • The notion that educators can be trusted to do the • right thing slowly erodes. Law is needed when trust erodes. • (WALSH ANDERSON 2014) continued

  4. HERE IN TEXAS • “Incorrigible” students could be expelled from • school. • There were no standards for what “incorrigible” meant. • In 1995: Texas adopts Chapter 37 to make student discipline more consistent across the state. • (JIM WALSH 2014) continued

  5. TEC Chapter 37 TEC CHAPTER 37 is the driving force behind all campus-based disciplinary decisions and it is the framework on which the HISD Code of Student Conduct is based. EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE G. SAFE SCHOOLS CHAPTER 37. DISCIPLINE; LAW AND ORDER continued

  6. CHAPTER 37 • Emphasized alternative to expulsion – what we now call DAEP & JJAEP • Created mandatory vs discretionary offenses • Tied Student Code of Conduct to the Penal Code • Gave districts jurisdiction over some criminal offences occurring off campus. continued

  7. Chapter 37: Four Things to Remember Students have a right to an education, even if they misbehave at school. Parents/Students have a right to know the why & the what & the consequences of their mis-behavior(s) and they have a right TO APPEAL. Students have a legally protected right to DUE PROCESS. THE sending school is accountable for the student even after removal – CAMPUS OF ACCOUNTABILITY. continued

  8. Chapter 37 – NOTE • CHAPTER 37 IS ABOUT EDUCATION AND SCHOOL SAFETY – NOT ABOUT CRIME AND PUNISHMENT. • *Any removal (i.e. suspension) from the regular educational setting has a negative impact on the student removed especially if there is no follow-up that includes positive reinforcements: • At-risk for future academic/social failure • At-risk of disengagement • At-risk of dropping out of school • At-risk of future involvement with the judicial system • *Breaking Schools’ Rules: A Statewide Study of How School Discipline Relates to Students’ Success and Juvenile Justice Involvement – July 2011 - Council of State Governments Justice Center continued

  9. ZERO TOLERANCE • Unfortunately Chapter 37 also created a zero tolerance mentality across the state: • This became the buzzword in student discipline matters until the “senselessness” of it became apparent. • Zero tolerance was for the most part not compatible with special education laws. So it was more of a slogan than a reality. • Zero tolerance induced some administrators to make decisions that were somewhat • absurd. • (WALSH, 2014) continued

  10. TEXAS ABANDONS ZERO TOLERANCE (2011) • T.E.C. 37.001(a)(4) now REQUIRES the exercise of discretion with regard to every decision regarding suspension, DAEP, expulsion to JJAEP. • This is so, “regardless of whether the decision concerns a mandatory or discretionary action.” • So, it is incorrect to say that Texas has a “zero tolerance” policy. • IT IS THE LAW! continued

  11. STOP – Before Decision is Made T.E.C. 37.001(a)(4): Before recommending removal of a student the following factors must be given due consideration: A) Self-defense; B) Intent or lack of intent at the time the student engaged in the conduct C) A student's disciplinary history; or D) A disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct. continued

  12. YOU HAVE A CHOICE! School administrator can choose to follow the requirements of the Code and remove off campus or can choose not to remove off campus and only take on-campus disciplinary actions or no action at all. PEIMS ACTION CODE 28: Mandatory disciplinary action NOT taken because Code allows self defense, lack of intent, student’s disciplinary history, or disability to factor in decision. – Offense and all other actions taken must be posted on Chancery. continued

  13. PEIMS Action/Consequence Code 28 • The date of this decision should be in close proximity to the date of the offense. • The use of ACTION code 28 is student-focused! And should not be used because the staff failed to follow through with a referral or were negligent in following proper procedures. • The use of ACTION code 28 must be well documented and must relate to one or more of the factors listed. • PEIMS ACTIONCODE 27 vs 28. continued

  14. Implications of The Law • Do not focus on the misbehavior in isolation… • Look at the whole student, the whole situation… • Make an informed decision… • CONSIDER ALL ALTERNATIVES… • Establish clear behavior • goals and expectations • for students & staff. • (MTSS-FRAMEWORK) • Keep students in school! continued


  16. WHERE THE LEGAL ISSUES COME FROM Most of the legal issues in student discipline arise from “exclusionary discipline”—any action that deprives the student of educational services. (Walsh, 2014) HISD’S goal is to provide a quality education for all HISD students. “Discipline” means to train (someone) to obey rules or a code of behavior - synonyms: train, drill, teach, school, coach Appropriate behavior is an acquired SKILL…. (MULTI TIERED SUPPORTS & INTERVENTIONS – PROGRESSIVE CONSEQUENCES) continued

  17. Change the Paradigm If student does not know how to do math, we teach progressively. (addition, subtraction, multiplication, … algebra, calculus, trig….) If student does not know how to read, we teach progressively. (vocabulary, word recognition, sentence structure, paragraphs, analysis…) If student does not know how to behave, we punish….. (MTSS/PBIS) continued

  18. Function of Behavior • Reasons Student Commonly Misbehave: • Student(s) don’t know expectations • Student(s) don’t know how to exhibit expected behavior (a skills deficit) • Student is unaware he/she is engaged in the misbehavior • Misbehavior is providing student with desired outcome: (it works for the student) • Obtaining attention from adults/peers • Escape from difficult task or non-desired activity • (Teaching Function of Behavior to All StaffA School-wide Intervention - Chris Borgmeier, PhD • Portland State University) continued

  19. Code of Student Conduct APPROVED BY SCHOOL BOARD • Establishes standards for conduct • Specifies circumstances, under which a student may be removed or must be removed* to a DAEP or expelled to a JJAEP • Protects the rights of students to DUE PROCESS • Provided upon enrollment • Parent/Student must sign, date and return the acknowledgement page of the CODE. • (NOT INTENDED TO BE YOUR CAMPUS DISCIPINE MANGAGEMENT PLAN..) continued

  20. REMINDERS • The Code is but one tool for behavior management. • BULLYING provisions and procedures for investigation of alleged bullying incidents to provide consistency between HISD Board Policy, state law and the Code of Student Conduct • Sec. 37.002. REMOVAL BY TEACHER. • Sec. 37.0022. REMOVAL BY SCHOOL BUS DRIVER • Found on-line > HISD PUBLIC PORTAL > DEPARTMENTS > STUDENT DISCIPLINE continued

  21. BULLYING • Have procedures in place • VERBAL ABUSE vs BULLYING • Prevention begins with School Climate • On-line training • Only for DOCUMENTED CASES OF BULLYING that result in out of school suspension, in-school suspension, and/or DAEP placement = 1 incident number & 2 event/reason codes: PEIMS 21 and Local BB. • RESOURCE: continued

  22. Sec. 37.002. REMOVAL BY TEACHER. • A teacher may send a student to the principal's office to maintain effective discipline in the classroom. The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct . • (b) A teacher may remove from class a student: • (1) who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or • (2) whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn. continued

  23. Sec. 37.002. REMOVAL BY TEACHER. (c) If a teacher removes a student from class under Subsection (b), the principal may place the student into another appropriate classroom, into in-school suspension, or into a disciplinary alternative education program. The principal may not return the student to that teacher's class without the teacher's consent unless the committee established under Section 37.003 determines that such placement is the best or only alternative available. continued

  24. Section 37.003 Sec. 37.003. PLACEMENT REVIEW COMMITTEE. (a) Each school shall establish a three-member committee to determine placement of a student when a teacher refuses the return of a student to the teacher's class. Members shall be appointed as follows: (1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and (2) the principal shall choose one member from the professional staff of a campus. (b) The teacher refusing to readmit the student may not serve on the committee. (c) …regarding a student with a disability who receives special education services…. (Contact the HISD Legal office…) continued

  25. Section 37.0022 Sec. 37.0022. REMOVAL BY SCHOOL BUS DRIVER. (a) The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the principal's office to maintain effective discipline on the school bus. The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct . continued

  26. REMOVAL To A DAEP PROCEDURES: Provide the student with due process. Decisions to assign a student to a DAEP shall not be made until a formal conference has been scheduled and held with the parent. (CONFERENCE VS. NOTIFICATION) The conference should be scheduled within three (3) days from the date of the offense and should be held within seven (7) days from the date of theoffense. Letter to parent within 3 days after the conference is held. continued

  27. Requirements of Removal LETTER to the parent must state: • the specific charge/offense/ misbehavior, • the disciplinary action to be taken, • the length of placement, • secondary schools – continuation of courses • Date of Conference • APPEALS process Must be in the language of the parent whenever possible… continued

  28. Expulsion to The JJAEP Requires HEARING - should be scheduled within three (3) days from the date of the offense and should be held within seven (7) days from the date of theoffense. Letterscheduling hearing OR signed waiver to HEARING& APPEALS LETTER OF EXPULSION (stating offense, date of hearing, length of expulsion…) continued

  29. Discipline Record - Chancery • Identify student behavior and action to be taken – ONE INCIDENT NUMBER (several students/several actions) • Description Details: who, what, when, where • be precise • be accurate • BEHAVIOR LOCATION CODE Post case #’s in appropriate place – ADDITIONAL INCIDENT DETAILS continued

  30. IT’S IN THE DETAILS… • Assault – what kind, against whom (PEIMS Reason Code 27/28) – actual charge. • Drugs – misdemeanor/felony – enhancement – 300 feet. (Codes 04, 36) • Knife – what kind? Intent? (Codes 50, 12) • Gun – Gun Free Act Report (Codes 11) • Dangerous Campus Codes - TEA • Enhancements • Victim of Violent Crimes • Continuations…(different action codes) continued

  31. Code – Level III REQUIRED* In/Out of school Suspension DISCRETIONARYDAEP Placement Most are Reason/Event PEIMS Code 21 (exceptions fighting 41, possession of knife 50, smoking 33, MCM 22, Bullying BB) continued

  32. PEIMS Reason/Event Code 21 • The majority of disciplinary actions involve general Code of Student Conduct violations resulting In School Suspension (ISS-06) and Out of School Suspension (OSS-05) • Part of a day is considered a whole day for ISS and OSS. • ISS is limited to five (5) days unless waiting for DAEP or JJAEP placement • OSS maximum is 3 days • (state law) continued

  33. Level IV: REQUIRED* Removal To A DAEP A student shall*be removed and referred to a DAEP for any conduct listed under Level IV of the Code. *Determining factors HB 171 *documentation from a law enforcement agency is required for many Level 4 offenses. continued

  34. LV 4: PEIMS REASON/EVENT CODE 21 NO POLICE REPORT NEEDED • ◦Possession of ammunition or bullets (repeated) • ◦Possession of a BB gun, pellet gun, or air rifle • ◦Possession of a stun gun · • ◦Possession of a replica of a gun - • ◦Use of computers to tamper with HISD records - • ◦HISD-related computer hacking - Criminal activity: (police involvement) • Burglary of an HISD facility –(criminal) • Defacing of school property with graffiti (<$20,000) • Gang participation (criminal) • Possession of drug paraphernalia –(criminal) • (PEIMS 02 – conduct punishable as felony) continued

  35. Length of Placement • AGAIN, consider the student, situation, factors… • GUIDELINES FOR SECONDARY DAEP (ON-LINE) • ELEMENTARY DAEP 15 DAYS • End with semester? • Natural transitional point! • One size does not fit all… continued

  36. TRUANCY TRUANCY will be dealt with not through referral to a DAEP, but by referral to the courts for enforcement of compulsory attendance laws – Again, first look at the whole child and circumstances. Referral to student Caseworkers – Office of Student Engagement continued

  37. Truancy


  39. CONTINUATION • Enroll student • Obtain all paperwork from previous school district • If appropriate, honor the continuation – submit referral (DAEP continuation: PEIMS Code 08 – COAE; JJAEP continuation PEIMS Code 15 – COEO • < than 30 days will not be honored continued

  40. What about Special Education Students? • Discipline of Students Receiving Special Education Services continued

  41. SPECIAL ED A student with disabilities is one who has been determined by an Admission, Review, and Dismissal/Individual Education Plan (ARD/IEP) Committee as having a non-categorical early-childhood condition, intellectual disability, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, and who, because of those impairments, needs Special Education and related services. continued

  42. MDR/ARD • If personnel seek to discipline in a manner that will remove a student from his or her current placement for more than 10 days, the school shall convene an ARD/IEP Committee to conduct a manifestation determination review (MDR). • This includes out of school suspension, in-school suspension, DAEP placement, or Expulsion to the Juvenile Justice Alternative Education Program (JJAEP). continued

  43. MDR Committee The MDR ARD/IEP Committee shall include a licensed psychologist, licensed specialist in school psychology, or other professional who is qualified to interpret the instructional implications of any evaluations that may be presented at the ARD. continued

  44. Positive Finding • If the ARD/IEP Committee determines the conduct was a manifestation of the disability, the ARD/IEP Committee shall: • (1)conduct a functional behavioral assessment and implement a behavior intervention plan for the student, if one had not been conducted prior to the determination, provided that HISD had not conducted such an assessment prior to the behavior that resulted in a change in placement. continued

  45. Positive Finding • (2)in the situation where a behavior intervention plan has been developed, review the behavior intervention plan and modify it, as necessary, to address the behavior. • (3)except as specified below in cases involving special circumstances, return the student to the placement from which the student was removed, unless the parent and HISD staff agree to a change of placement as part of the modification of the behavior intervention plan. *Chapter 37 precludes placing a student with disabilities in a DAEP solely for educational reasons. continued