FO - STUDENT DISCIPLINE

STUDENT CODE OF CONDUCT

The Board shall adopt a Student Code of Conduct (SCOC) for the School with the advice of the Instructional Planning Council. The student code of conduct must:

  1. Specify the circumstances, consistent with Education Code Chapter 37, Subchapter A, under which a student may be removed from a classroom, campus, or disciplinary alternative education program (DAEP).
  2. Specify the conditions that authorize or require a principal or other appropriate administrator to transfer a student to a DAEP.
  3. Outline conditions under which a student may be suspended, as provided by Education Code 37.005 (see FOB), or expelled, as provided by Education Code 37.007 (see FOD).
  4. Specify whether consideration is given to self-defense as a factor in suspension, removal to a DAEP, or expulsion.
  5. Provide guidelines for setting the length of removal to a DAEP or of expulsion; and
  6. Address the notification of the parent or guardian of a student's violation of the Student Code of Conduct that results in suspension, removal to a DAEP, or expulsion.

CHANGES IN SCOC

Once the Student Code of Conduct is promulgated, any change or amendment shall be approved by the Board.

POSTING

The Student Code of Conduct shall be made available for review at the office of the Principal.

NOTICE TO PARENTS

Each school year, the School shall provide parents with notice of and information regarding the Student Code of Conduct.

Education Code 37.001(d)

Noncustodial Parent

A noncustodial parent may request in writing that, for the remainder of the school year in which the request is received, the School provide that parent with a copy of any written notification that is generally provided to a student's parent or guardian, relating to student misconduct under Education Code 37.006 or 37.007. The School may not unreasonably deny the request. Notwithstanding this requirement, the School shall comply with any applicable court order of which the School has knowledge. Education Code 37.0091(a)

NO UNSUPERVISED SETTING

Except for students who are suspended or expelled, no student may be placed in an unsupervised setting as a result of conduct for which a student may be placed in a DAEP.

Education Code 37.008(h)

CONTINUATION OF DISCIPLINARY ACTION

If a district, school or TSBVI takes disciplinary action against a student and the student subsequently enrolls in another district or school or TSBVI before the expiration of the period of disciplinary action, the district or school taking the disciplinary action shall provide to the district or school in which the student enrolls, at the same time other records of the student are provided, a copy of the order of disciplinary action.

"Disciplinary action" means a suspension, expulsion, placement in an alternative education program, or other limitation in enrollment eligibility of a student.

"District or school" includes an independent school district, a home-rule school district, a campus or campus program charter holder, or an open-enrollment charter school.

Education Code 37.021

OPPORTUNITY TO COMPLETE COURSES

If a student is placed in in-school suspension or other alternative setting other than a DAEP, TSBVI shall offer the student the opportunity to complete, before the beginning of the next school year, each course in which the student was enrolled at the time of removal. The School may provide the opportunity by any method available, including a correspondence course, distance learning, or summer school.

Education Code 37.021

CORPORAL PUNISHMENT

Corporal punishment or acts of any kind against a student including but not limited to slapping, paddling, spanking, shaking, and jerking is prohibited.

Maintain Discipline

The use of force, but not deadly force, against a student is justified if the teacher or administrator is entrusted with the care, supervision, or administration of the student when, and to the degree the teacher or administrator reasonably believes the force is necessary, to further the purpose of education or to maintain discipline in a group.

Penal Code 9.62

OTHER TYPES OF PROHIBITED CONDUCT

The following techniques shall not be used with any student as part of any planned or unplanned behavior intervention:

  1. Depriving a student of any basic need such as sleep, meals and nutrition, or clothing.
  2. Forcing a student to engage in any behavior that is embarrassing, painful, or physically uncomfortable.
  3. Using derogatory language or procedures that are designed to embarrass a student.

VIDEOTAPES AND RECORDINGS

A TSBVI employee may, without consent of a child's parent, make a videotape or recording of the child if the videotape or recording is to be used only for purposes of safety, including the maintenance of order and discipline in common areas of the school and dormitories or on school buses. Education Code 26.009(1) [See FNG]

REPORTS

The School shall annually report to the commissioner:

Disciplinary Alternative Education Programs (DAEPS)

  1. For each placement in aDAEP:
    1. Information identifying the student, including the student's race, sex, and date of birth, that will enable TEA to compare placement data with information collected through other reports;
    2. Information indicating whether the placement was based on:
      1. Conduct violating the Student Code of Conduct;
      2. Conduct for which a student may be removed from class by a teacher [see FOAA and SCOC];
      3. Conduct for which placement in a DAEP is required [see FOAB and SCOC]; or
      4. Conduct occurring while a student was enrolled in another District and for which placement in a DAEP is permitted by Education Code 37.008(j); and
    3. The number of days the student was assigned to the program and the number of days the student attended the program; and
    4. The number of placements that were inconsistent with the guidelines on length of placement in the Student Code of Conduct.

Expulsions

  1. For each expulsion:
    1. Information identifying the student, including the student's race, sex, and date of birth, that will enable TEA to compare placement data with information collected through other reports;
    2. Information indicating whether the expulsion was based on:
      1. Conduct for which expulsion is required, including information specifically indicating whether a student was expelled for bringing a firearm to school;
      2. Conduct for which expulsion is permitted;
      3. The number of days the student was expelled; and
    3. Information indicating whether:
      1. The student was placed in a juvenile justice alternative education program (JJAEP);
      2. The student was placed in a DAEP; or
      3. The student was not placed in a JJAEP or other alternative education program; and
    4. The number of expulsions that were inconsistent with the guidelines on length of expulsion in the Student Code of Conduct.

Education Code 37.006, 37.007, 37.02

Adopted: 4/7/78
Amended: 9/9/83, 9/21/84, 10/25/85, 7/17/87, 3/26/93, 11/18/94, 9/27/96, 1/24/02, 5/28/03, 11/19/04
Reviewed:

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