STUDENT DISCIPLINE TEC CHAPTER 37 CODE OF STUDENT CONDUCT SCHOOL SUPPORT SERVICES 713-556 7140

1. STUDENT DISCIPLINE TEC CHAPTER 37 CODE OF STUDENT CONDUCT SCHOOL SUPPORT SERVICES 713-556 7140

2. STUDENT DISCIPLINE AGENDA • 82ND LEGISLATURE • TEC CHAPTER 37 • CODE OF STUDENT CONDUCT • DAEP/JJAEP ON-LINE APPLICATION • Elementary/Secondary DAEPs • QUESTIONS/CONCERNS

3. 82ND LEGISLATURE HB 1666 clarifies that someone commits an offense of the Penal Code if that person poses as someone else via social networking or any Internet site, including posting or sending messages. HB 359 adds a new requirement to law regarding the use of corporal punishment in the discipline of students. Board of Education policy prohibits corporal punishment as a disciplinary method within the Houston Independent School District. Certain physical acts against a student by school personnel (such as choking, kicking, punching, pinching, hitting with an object, etc.) are not authorized and will be considered as a violation of the corporal-punishment policies when used as a disciplinary measure. continued

4. 82ND LEGISLATURE SB 49 amended Section 37.008 of the Education Code by adding subsection (l–1) requiring school districts to ensure parents of students placed in DAEP are informed in writing of the opportunity to complete coursework required for graduation and the available methods for completing the required coursework at no additional cost to the student. (Sample Letters) HB 968 adds to the acts that require mandatory* DAEP placement or optional expulsion the felony offense of aggravated robbery that occurs off campus and while the student is not attending a school-sponsored or school-related activity. continued

5. 82ND LEGISLATURE HB 2118 and SB 331 address synthetic compounds of controlled substances as listed in the Health and Safety Code. These lists now designate common look-alike drugs known as K2, spice, and bath salts as controlled substances. SB 407 provides the definition of cyberbullying as the use of any electronic communication device to engage in bullying or intimidation. continued

6. 82ND LEGISLATURE HB 1224 amends Section 37.007(b) of the Education Code to include as an expellable offense conduct that contains the elements of breach of computer security if the student accesses a district network or system and 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. SB1416 defines a tire deflation device and adds it to the list of prohibited weapons requiring mandatory expulsion. continued

7. 82ND LEGISLATURE HB 1942. Defines Bullying, meaning engaging in written or verbal expression, expression through electronic means, or physical conduct that occurs on school property, at a school-sponsored or school-related activity, or in a vehicle operated by the district and that: (1)has the effect or will have the effect of physically harming a student, damaging a student ’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student ’s property; (2) is sufficiently severe, persistent, and pervasive that the action or threat creates an intimidating, threatening, or abusive educational environment for a student; (3) exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct; and (4) interferes with a student ’s education or substantially disrupts the operation of a school. continued

8. 82ND LEGISLATURE • Retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying is prohibited. • Further, discipline shall not be imposed on a student who is the victim of bullying if it is determined that the student used reasonable self-defense in response to bullying. • Upon receipt of a complaint of bullying, the administrator shall promptly notify the guardian of the allegation. Upon request of the guardian, the student shall be referred to a counselor for assessment and to determine what counseling options may be appropriate. continued

9. 82ND LEGISLATURE Transfer of Students Who Have Engaged in Bullying: Students who engage in bullying may be transferred to another classroom at the campus to which the victim was assigned at the time the bullying occurred; or a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred. Students with disabilities may only be transferred in accordance with the discipline procedures applicable to students with disabilities as specified in Tex. Educ. Code, Sec. 37.004. continued

10. BULLYING • Have procedures in place • Bullying Behavior vs label of Bully • VERBAL ABUSE vs BULLYING • Prevention begins with School Climate • Future 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: http://stopbullying.gov/ continued

11. On-line Resources Cyber-bullying, Appropriate Online Behavior, and Social Networking resources: Common Sense Media - http://www.commonsensemedia.org/educators NetSmartz Program - http://www.netsmartz.org/Educators continued

12. 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. 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 continued

13. 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 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

14. Chapter 37 – Main Thing to Remember • CHAPTER 37 IS ABOUT EDUCATION AND SCHOOL SAFETY – NOT ABOUT CRIME AND PUNISHMENT. • *Anyremoval from the regular educational setting has a negative impact on the student removed: • At-risk for future academic/social failure • At-risk of dropping out • 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

15. Considerations In Decision to Remove • CHAPTER 37 - HB 171: • Self-defense • Intent or lack of intent at the time the student engaged in the conduct • The student’s disciplinary history • The student’s age • Any inability to understand consequences • School safety continued

16. After Considerations Are Reviewed 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. Mandatory disciplinary action NOT taken because Code allows self defense, lack of intent, student’s disciplinary history, or disability to factor in decision. – PEIMS ACTION CODE 28 Offense and all other actions taken must be posted on Chancery. continued

17. PEIMS Action/Consequence Code 28 • The use of this code should be the exception and should rarely be used. The date of this decision should be in close proximity to the date of the offense. (i.e., CROSSROADS) • 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 ACTION CODE 27 vs 28. continued

18. Implications of The Law • Do not focus on the mis-behavior in isolation… • Look at the whole student, the whole situation… • Make an informed decision… • CONSIDER ALL • ALTERNATIVES… 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. continued

20. Changes to The Code • Updates to HISD’s policy of non-dicrimination to include gender identity and gender expression. • Clarification of policies regarding network security including breach of security charges (Penal Code 33.02) • Prohibiting the possession of pepper spray continued

21. Changes to The Code • Addition of enhanced bullying prohibitions in accordance with State Law • Inclusion of timelines for the administration of disciplinary actions • Addition of aggravated assault to the Title 5 felonies continued

22. 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

23. 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

24. 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. Letter scheduling hearing OR signed waiver to HEARING& APPEALS LETTER OF EXPULSION (stating offense, date of hearing, length of expulsion…) continued

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

26. 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, 54) • Knife – what kind? Intent? (Codes 50, 12, 14) • Gun – Gun Free Act Report (Codes 11, 51) • Dangerous Campus Codes - TEA • Enhancements • Victim of Violent Crimes • Continuations…(different action codes) continued

27. 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

28. 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

29. 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

30. 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

31. Length of Placement • AGAIN, consider the student, situation, factors… • Elementary 15 days… • Secondary 30, 45, 60, 90, or 180 days? • End with semester? • One size does not fit all… continued

32. 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 713-556-7071 continued

33. The DAEP/JJAEP ONLINE REFERRAL APPLICATION • continued

34. 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. • An overnight upload must take place for chancery to “speak” to the online DAEP system – please keep this in mind • A checkmark must be placed in chancery in the EVENT/CONCERN DETAIL SCREEN showing that this student was involved • continued

35. Event/Concern Detail Screen continued A checkmark is needed on this screen

36. Log-in to The System • http://prodnet.houstonisd.org/DAEP/Referrals.aspx • Administrators or those who have administrative responsibilities have access • Here you will be prompted for your HISD username and password (this is your portal password) • Do not forget an overnight upload must take place between chancery input and utilizing the system continued

37. Students will appear under “campus referrals” – if the student is not listed, it means the student’s data is not in chancery. Do not select “find a student” – you should NEVER have to search for a student if chancery data is correct. continued

38. Select The Student continued

39. This is a DAEP referral – fields in yellow are filled out by chancery data continued

40. Secondary Select Number of Days If placement is to end with the end of a semester, select that here continued

41. Elementary DAEP – 15 Days continued

42. Elementary Only - Date of SIO Approval Level 3 offenses require SIO approval, level 4 offenses do not continued

43. Add Your Phone Number And Submit continued

44. Special note: The referral will not submit without a phone number and number of days entered You’ll get an error message continued

45. 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. continued

46. What Happens Next? • 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 continued

47. Status Updates When the status has been updated, you will see this notification It reads “new message” CLICK IT! continued

48. Reading A Message The new message is listed here, along with all of the other messages about this referral This message contains information from me – please read! This message is automatically generated with a status change – NO INFO HERE continued

49. Just click OPEN continued

50. Here you will see the information that is needed Hit reply and type your response. If this message states there has been a status update, please locate the message with the information from our office – the status update is automatically generated, it will give you NO specific information continued