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STUDENT DISCIPLINE. TEC CHAPTER 37 CODE OF STUDENT CONDUCT DAEP/JJAEP ON-LINE APPLICATION SPECIAL EDUCATION/504 NORTH & SOUTH DAEP QUESTIONS/CONCERNS. TEC Chapter 37 Discipline Law and Order.
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STUDENT DISCIPLINE • TEC CHAPTER 37 • CODE OF STUDENT CONDUCT • DAEP/JJAEP ON-LINE APPLICATION • SPECIAL EDUCATION/504 • NORTH & SOUTH DAEP • QUESTIONS/CONCERNS
TEC Chapter 37 Discipline Law and Order • 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. http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.37.htm • EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE G. SAFE SCHOOLS CHAPTER 37. DISCIPLINE; LAW AND ORDER
Positive Proactive Discipline • COMMUNITY - develop a feeling of belonging for all students • CONNECTIVITY - knowing each student personally • ADVOCACY - having adult mentors • EQUITY – developing a fair discipline management system THIS IS REFLECTED IN THE:Commissioner's Rules: Establishing Educational Standards for DAEPs - Text of 19 TAC §103.1201 • Chapter 37, Section 37.0021 (a) • It is the policy of this state to treat with dignity and respect all students including students with disabilities.
The Four Most Important Things toRemember about CHAPTER 37 • Students have a right to an education, even if they misbehave at school. 2. Parents/Students have a right to know the why & the what & the consequences of their behaviors. They have a right to challenge schools if they perceive the punishment for the misbehavior is not fair, appropriate, or if there is a disagreement about what happened. (RIGHT TO APPEAL)
Chapter 37 3. Students have a right to DUE PROCESS AND THIS RIGHT IS PROTECTED BY LAW. 4. THE SENDING SCHOOL IS ACCOUNTABLE FOR THE STUDENT EVEN AFTER REMOVAL – CAMPUS OF ACCOUNTABILITY
BEFORE removing a student from the regular campus remember… For some students there may be negative side effects to being removed to a DAEP or JJAEP (no matter how great these programs may be) . . . . Increased vulnerability for future failure Self-identification as “a problem child.” IS THERE AN ALTERNATIVE?
SEE ME! DO NOT FOCUS JUST ON THE MISBEHAVIOR…. LOOK AT THE WHOLE CHILD…
Before making the decision to remove students Determining factors HB 171: • seriousness of the offense • student’s age • frequency of misconduct • student’s attitude - INTENT • potential effect of the misconduct on the school environment • state law requirements • self-defense as a mitigating factor
Mandatory disciplinary action NOT taken because Code allows self defense, lack of intent, student’s disciplinary history, or disability as factor in decision. (DATE OF DECISION WITHIN 7-10 DAYS OF THE DATE OF OFFENSE) DATA MUST BE POSTED IN CHANCERY!!! PEIMS ACTION CODE 28
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 and at the start of school • Establishes standards for conduct • Parent/Student must sign, date and return the acknowledgement page of the CODE.
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.
EXPULSIONS • REQUIRE HEARING • LETTER SCHEDULING HEARING • SIGNED WAIVER TO HEARING& APPEALS • LETTER OF EXPULSION
DAEP REMOVAL REQUIRES LETTER to the parent must state: • the specific charge/offense/ misbehavior, • the disciplinary action to be taken, • the length of placement, • (Date of conference/ Hearing) • APPEALS process MUST BE IN THE LANGUAGE OF THE PARENT
Step one • Identify student behavior and action to be taken • Chancery = who, what, when, where – be precise, - be accurate, • Include details • Post case #’s in appropriate place
LEVEL III • REQUIRED SUSPENSION/ max 3 DAYS • DISCRETIONARYDAEP PLACEMENT (MUST RECEIVE SIO APPROVAL)
PEIMS REASON CODE 21 • The majority of our disciplinary actions are Code of Student Conduct violations requiring 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 placement • OSS maximum is 3 days (state law)
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 factorsHB 171
Documentation is Required • documentation from a law enforcement agencyis required for many Level 4 offenses.
LEVEL 4/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)
LENGTH OF PLACEMENT • Level IV offenses referrals may result in direct placement in the Elementary School DAEP for 15 days. • During the 15 days the student’s behavior history will be reviewed by the DAEP staff with input from sending school. The review may result in extending the student’s stay at the DAEP or the return of the student to the zoned campus at a natural transition point (i.e. beginning of a grading cycle).
LENGTH 3. The student’s time may only be extended up to 30 days at which time the student’s progress will once again be reviewed. The review may result in extending the student’s stay at the DAEP for an additional 30 days or the return of the student to the zoned campus at a natural transition point (i.e. beginning of a grading cycle). At no time will a student be assigned to the DAEP for more than 90 accumulative days for the same initial referral.
Non-Level IV Non-Level IV offenses or persistent misbehavior referrals may result in the placement of the student in an Elementary School DAEP for 15 days after a review by a committee, which will include the School Improvement Officer (SIO). The committee will be made-up of members selected by the SIO and will include representation from the sending campus.
TRUANCY TRUANCY WILL BE DEALT WITH NOT THROUGH REFERRAL TO A DAEP, BUT BY REFERRAL TO THE COURTS FOR ENFORCEMENT OF COMPULSORY ATTENDANCE LAWS. (Chronic absenteeism in 1st, 2nd, 3rd grades mean the student is already at-risk for dropping out of school.)
EXPULSION – Age 10+ J.J.A.E.P. (Juvenile Justice Alternative Education Program) POLICE INVOLVEMENT
The DAEP/JJAEP online referral program (it’s really simple!)
1. First things first – is your data entered? • The discipline data must be entered into chancery with the appropriate action code (ex:07 ALTR for DAEP, 02-EJJA for JJAEP) in order to use this system for a referral.
2. Log in to the system • http://prodnet.houstonisd.org/DAEP/Referrals.aspx • Here you will be prompted for your HISD username and password (this is your portal password)
Students will appear under “campus referrals” – if the student is not listed, it means the student’s data is not in chancery.
Special note: Only those students whose data has been entered in chancery (see “first things first”) will show on the list. • If the student is not on the initial screen when you log in, do not search for the student
Special notes: • 1. this is a DAEP referral – the computer will generate which form you need based on the code you entered into chancery • 2. The computer fills out ALL of the information except for the fields we will discuss.
Enter SIO approval date, if needed Level 3 offenses require SIO approval, level 4 offenses do not
Special note: The referral will not submit without a phone number, number of days, and a response to the SIO date entered You’ll get an error message
5. Print for your records This form will appear if you submitted successfully. This is your record of the DAEP referral – print it and place a copy in the student’s discipline folder.
“Is it REALLY that easy??” • Yes, for submitting a referral. It’s DONE. • “Okay, then what happens??” • The referral then comes to our office and you will receive an update once it has been processed.
Special notes: • You will not get emails regarding the details of the status for a referral – the status will be ONLINE, within the online system • You will receive an automatically generated email when the status changes
Behind the scenes info: • We’ll be notified when you submit a referral and we will update the status • The status will read “initial” when first entered, you will need to see a message notification to indicate we’ve processed it (more on this next) • Data entered in chancery will not show on the online system until it has updated overnight – please keep this in mind
6. Status updates When the status has been updated, you will see this notification It reads “new message” CLICK IT!
7. Reading a message The new message is listed here, along with all of the other messages about this referral (this way we all know EXACTLY what is needed ALL the time)
You guessed it! Just click OPEN
Here you will see the information that is needed Hit reply and type your response.
Your initial screen will show you the status of referrals. You can ALWAYS check the status of your referrals
8. Approval • When the referral is approved, you will get an email notification • This WILL be an email, to your email inbox – it will read something like this: • DAEP Referral StatusLisa M. Perez -- Student ID: 1982792 has a status of Approval for placement at the DAEP for 15 days, for a code 04 discipline offense. from campus: Rodriguez Elementary
How is an expulsion different?(from a DAEP referral) • It really isn’t. Remember – you must use the correct action code in Chancery for an expulsion (most often it is 02 EJJA). • The screen shots follow:
Select the student A student you wish to expel will have a different screen pop up when you select that student (this is based on the data YOU entered into Chancery)
Here you see “expelled” student. You have to select mandatory or discretionary
Select where the offense occurred
You must indicate the expulsion dates