The provisions of this policy are subject to all provisions related to the change of placement for students with disabilities, including all TSBVI students, contained in TSBVI Board Policy FOF, STUDENT DISCIPLINE: STUDENTS WITH DISABILITIES.
A student younger than ten years of age shall not be expelled but shall be placed in a disciplinary alternative education program (DAEP).
Education Code 37.007(e)(2), (h)
Subject to the provisions of TSBVI Board Policy FOF, a student shall be expelled if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property:
Education Code 37.007(a)
Subject to the provisions of TSBVI Board Policy FOF, TSBVI shall expel a student who engages in conduct that contains the elements of any offense listed above against any district employee or volunteer in retaliation for or as a result of the person's employment or association with a district, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off of school property.
Education Code 37.007(d)
In accordance with the Gun-Free Schools Act and subject to the provisions of TSBVI Board Policy FOF, TSBVI shall expel from the student's regular program, for a period of one year, any student who is determined to have brought a firearm, as defined by federal law, to TSBVI. The Superintendent or Principal may modify the term of expulsion for a student or assess another comparable penalty that results in the student's exclusion from the regular school program, on a case-by-case basis. Any student who is younger than ten years of age and who is expelled shall be provided educational services in a DAEP. Any student who is ten years of age or older and who is expelled may be provided services in a DAEP.
20 U.S.C. 8921; Education Code 37.007(e) [See also GRA]
For the purposes of this provision, "firearm" means:
18 U.S.C. 921
Subject to the provisions of TSBVI Board Policy FOF, a student may be expelled if the student engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Penal Code 42.06, or terroristic threat under Penal Code 22.07.
Subject to the provisions of TSBVI Board Policy FOF, a student may be expelled if the student, while on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:
Education Code 37.007(b)
Subject to the mandatory expulsion requirement for retaliation and the provisions of TSBVI Board Policy FOF, a student may be expelled if the student, while within 300 feet of school property, as measured from any point on the school's real property boundary line, engages in the following conduct:
Education Code 37.007(b)
Subject to the provisions of TSBVI Board Policy FOF, a student may be expelled if the student engages in an assault, under Penal Code 22.01(a)(1), on an employee or volunteer in retaliation for or as a result of the person's employment or association with TSBVI, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off school property.
Education Code 37.007(d)
Subject to the provisions of TSBVI Board Policy FOF, a student may be expelled if the student engages in conduct against another student that contains the elements of the offenses of aggravated assault, sexual assault, aggravated sexual assault, arson, murder, capital murder, criminal attempt to commit capital murder, or aggravated robbery, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property.
Education Code 37.007(b)
Subject to the provisions of TSBVI Board Policy FOF, TSBVI may use its discretion to expel a student who has engaged in conduct that contains the elements of criminal mischief, as defined in the Penal Code, if the conduct is punishable as a felony. Regardless of whether the student is expelled, TSBVI shall refer the student to the authorized officer of the juvenile court.
Education Code 37.007(f)
Subject to the provisions of TSBVI Board Policy FOF, a student who continues to engage in serious or persistent misbehavior that violates TSBVI’s Student Code of Conduct while placed in a DAEP may be removed from class and expelled.
If the student is expelled, the Superintendent or Principal shall refer the student to the authorized officer of the juvenile court for appropriate proceedings under Family Code Title 3 (Juvenile Justice Code).
Education Code 37.007(c), 37.010(b)
Subject to the provisions of TSBVI Board Policy FOF, TSBVI may expel a student who attends school at TSBVI if:
Education Code 37.007(i)
Subject to the provisions of TSBVI Board Policy FOF, before a student may be expelled, the Superintendent or Principal shall provide the student a hearing at which the student is afforded appropriate due process as required by the federal constitution.
Education Code 37.009(f)
The minimum procedural requirements necessary to satisfy due process depend upon the circumstances and the interests of the parties involved. Federal due process requires notice and some opportunity for hearing.
The notice should contain a statement of the specific charges and grounds that, if proven, would justify expulsion. In some cases, the student should be given the names of the witnesses against him or her and an oral or written report on the facts to which each witness testifies.
The rights of the student may properly be determined upon the hearsay evidence of school administrators who investigate disciplinary infractions.
[See also Brewer v. Austin Indep. Sch. Dist., 779 F.2d 260 (5th Cir. 1985); Keough v. Tate County Bd. of Educ., 748 F.2d 1077 (5th CIr. 1984); McClain v. Lafayette County School Boards Ass'n, 673 F.2d 106 (5th Cir. 1982); Tasby v. Estes, 643 F.2d 1103 (1981); Boykins v. Fairfield Bd. of Educ., 492 F.2d 697 (5th Cir. 1974), cert. den. 95 S. Ct. 1350 (1975); Dixon v. Alabama State Board of Education, 294 F.3d 150 (5th Cir. 1961)]
At the hearing, the student is entitled to be represented by the student's parent, guardian, or another adult who can provide guidance to the student and who is not an employee of TSBVI. If TSBVI makes a good-faith effort to inform the student and the student's parent or guardian of the time and place of the hearing, TSBVI may hold the hearing regardless of whether the student, the student's parent or guardian, or another adult representing the student attends.
If the period of expulsion is inconsistent with the guidelines on length of expulsion in the Student Code of Conduct, the order must give notice of the inconsistency.
The period of expulsion may not exceed one year unless TSBVI determines that:
Education Code 37.009(h)
The Superintendent or Principal shall deliver a copy of the order expelling the student to the student and the student's parent or guardian. After such notification, the parent or guardian shall provide adequate supervision for the student during the period of expulsion.
Education Code 37.009(g), (h)
Not later than the second business day after the date an expulsion hearing is held, the Superintendent or Principal shall deliver a copy of the expulsion order and any information required under Family Code 52.04 to the authorized officer of the juvenile court in the county in which the student resides.
Family Code 52.04 requires the following information from a referring entity that is not a law enforcement agency or has not taken the child into custody:
Education Code 37.010(a); Family Code52.04(a),52.041(a), (b)
In a county that operates a juvenile justice alternative education program (JJAEP) [See FODA], no student shall be expelled without written notification by the board or its designee to the juvenile board's designated representative. The notification shall be made not later than two business days following the determination of the Superintendent or Principal that the student is to be expelled. Failure to timely notify the designated representative shall result in the child's duty to continue attending TSBVI’s educational program, which shall be provided to that child until such time as the notification to the designated representative is properly made.
Family Code 52.041
The Principal shall inform each teacher who has regular contact with a student through a classroom assignment of the conduct of a student who has engaged in expellable conduct. A teacher's certificate may be suspended or revoked for intentional failure to keep such information confidential.
Education Code 37.007(g)
If a student withdraws from TSBVI before an order for expulsion is entered, the Superintendent or Principal, as appropriate, may complete the proceedings and enter an order. If the student subsequently enrolls in TSBVI during the same or subsequent school year, TSBVI may enforce the order at that time except for any period of the expulsion that has been served by the student in another district that honored the order. If the Superintendent or Principal fails to enter an order after the student withdraws, the next district in which the student enrolls may complete the proceedings and enter an order.
Education Code 37.009(i)
If, during the term of expulsion, a student engages in additional conduct for which placement in a DAEP or expulsion is required or permitted, additional proceedings may be conducted and the Superintendent or Principal, as appropriate, may enter an additional order.
Education Code 37.009(j)
A decision by the Superintendent or Principal to expel a student may be appealed to the board. If the hearing is not before the board directly, the results and findings of the hearing should be presented in a report open to the student's inspection.
Education Code 37.009(f); Dixon v. Alabama State Board of Education, 294 F.3d 150 (5th Cir. 1961)
A court may not order an expelled student to attend TSBVI’s DAEP as a condition of probation.
A court may order a student to attend the TSBVI DAEP if TSBVI has entered into a memorandum of understanding (MOU) with the juvenile board for Travis County, concerning the juvenile probation department's role in supervising and providing other support services for students in DAEPs.
Education Code 37.010(c)
TSBVI is responsible for providing an immediate educational program to a student who engages in behavior for which expulsion is permitted but not required under Education Code 37.007, but who is not eligible for admission into the JJAEP in accordance with an MOU. [See FODA]
TSBVI may provide the program or TSBVI may contract with a county juvenile board, a private provider, or one or more school districts to provide the program.
Education Code 37.011(l)
Subject to the provisions of TSBVI Board Policy FOF, on the recommendation of the Admission, Review and Dismissal committee, or on its own initiative, TSBVI may readmit an expelled student while the student is completing any court disposition requirements, including conditions of a deferred prosecution ordered by the court, or such conditions required by the prosecutor or probation department.
After an expelled student has completed any court disposition requirements successfully, TSBVI may not refuse to admit the student.
TSBVI may place a student returning from expulsion in a DAEP. Subject to the provisions of TSBVI Board Policy FOF, the student may not be returned to the classroom of the teacher under whose supervision the offense occurred without that teacher's consent. The teacher may not be coerced to consent.
Education Code 37.010(f)
If a student has been expelled from a school district, the expelling district shall provide to TSBVI in which the student enrolls a copy of the expulsion order and the referral to the authorized officer of the juvenile court. TSBVI may continue the expulsion under the terms of the order, may place the student in a DAEP for the period specified by the expulsion order, or may allow the student to participate in the educational program without completing the period of expulsion.
Adopted: 11/7/80
Amended: 5/8/81, 1/14/83, 11/11/83, 9/21/84, 7/17/87, 1/14/88,
3/27/92, 1/29/93, 3/26/93, 9/27/96, 11/19/04
Reviewed