10 thINGS you can do to ensure compliance with the law

1. 10 thINGS you can do to ensure compliance with the law Presentation by: Omar Fierro, Manuel Gamboa, David Kohutek, & Joe Stanaland

2. Know Your Jurisdiction • Code of Conduct-Must specify the circumstances under which students maybe subject to discipline • Geography limits disciplinary techniques • Schools cannot impose rules that apply 24/7/365 • General Rule: School must show legitimate business in regulating student behavior • First element of due process is notice • Be prepared to prove

3. Be Prepared for Teacher Removal • Chapter 37: Removal of students from class • Three types of Removals: Removal “for help”; Mandatory Removal; Discretionary Removal • Student with a disability under IDEA or Section 504

4. Special Rules For Special Populations • School officials can take disciplinary action in the same manner that they would do so for regular education students for a total of 10 school days during the school year • 10-day (FAPE Free Zone) provision is a cumulative rule • If the disciplinary assignment to ISS or DAEP goes beyond the 10-days, the ARD committee must carry out a manifestation determination.

5. Be Aware of the “Shoulda Known” Kids • Non Disabled Students protections of IDEA • Theory that regular education students should be entitled to the protections of IDEA. • Protection does not extend to students whose parents have refused to permit an evaluation.

6. Describe the Offense with CARE • Document, Document, Document • Do not tie to The Texas Penal Code • Tie to the School Code of Conduct

7. TPC – For Public Lewdness or Indecent Exposure Use • Inappropriate exposure of a student’s body parts which are ordinarily covered • Using profanity, vulgar language, or obscene gestures • Violating dress and grooming criteria • Inappropriate verbal, physical, or sexual contact toward another student

8. Instead of Assault or Terroristic Threat Use: • Horseplay, roughhousing, and other playful behavior that presents a reasonable risk • Fighting or scuffling that does not result in physical pain • Engaging in conduct that can cause bodily harm • Engaging in oral or written threats that can cause bodily harm or injury

9. End of Zero Tolerance • The legislature has moved away from the concept of zero tolerance. It means that administrators will be required to exercise some discretion in determining such factors as “self defense” and “intent” • Common Sense

10. Length of DAEP Assignment • District must adopt guidelines • Always follow those guidelines • Maximum time is one school year • Exceptions – Continued threat -- DAEP student safety

11. DAEP Placement Term • Students should be given a definite term when placed • A term may be shortened due to good behavior or progress made • However, an administrator may not “arbitrarily” assign additional days without an appropriate written order and a new due process conference

12. DAEP Term: Additional Days Any additional days added will be considered as a new assignment New assignments must include the following: • A Parent Conference • A New Placement Order • New Public Education Information Management System (PEIMS) 425 record for behavior violation

13. Corporal Punishment • Imperative to know your district policy when dealing with corporal punishment • Always get parental written permission regardless what district policies say • Document, Document, Document!

14. Restraint • Restraint should only be used in true emergencies • Persons applying restraint must be properly trained • Parents of student must immediately be notified • Incident must immediately be documented

15. Extracurricular • It’s a privilege. Not a right • ABCs (Athletics, Band, & Cheerleading) • Surviving a legal and/or media-based challenge it is important that: • Students have notice of what the rules are; • The rules have been approved by the school board; • The rules are appropriate, fair, and consistent.

16. School Attorney • Know where to go • Professional Organizations (eg. TASSP) • Know who your school attorney is • Preventative advice • Know what firm your district uses and what is required for you to have authority to contact the lawyer

17. Source Walsh, J., Anderson, D., Brown, J., Gallegos, E., & Green, D.A. (2010) Ten things you can do to ensure compliance with the law. Presentation by Walsh, J. 1-10.