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FOE Student Discipline: Emergency and Alternative Placement

EMERGENCY PLACEMENT

DAEP

The Principal or the Principal’s designee is not prohibited from ordering the immediate placement of a student in a disciplinary alternative education program (DAEP) if the principal or designee reasonably believes that the student’s behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher’s ability to communicate effectively with students in class, with the ability of students to learn, or with the operation of school or a school-sponsored activity.

Expulsion

The principal or designee may order the immediate expulsion of a student if the principal or designee reasonably believes that such action is necessary to protect persons or property from imminent harm.

Procedure

At the time of an emergency placement or an emergency expulsion, the student shall be given oral notice of the reason for the action.  The reason must be a reason for which placement in a DAEP or expulsion may be made on a nonemergency basis.  Within a reasonable time, but not later than the tenth day after the placement or expulsion, the student shall be accorded the appropriate due process required for a removal or an expulsion.  [See FOA, FOC, and FOD]

Students with Disabilities

If the student is a student with disabilities who received special education services, the emergency placement is subject to federal law and regulation and must be consistent with the consequences that would apply under Education Code Chapter 37, Subchapter A, to a student without a disability. [See FOF]

Immunity

A principal or designee is not liable in civil damages for an emergency placement.

Education Code 37.019

TITLE 5 FELONY OR AGGRAVATED ROBBERY

The Board or designee (Principal), after an opportunity for a hearing may expel a student and elect to place the student in an alternative setting as provided below if:0)

  1. The student has been arrested for, charged with, referred to a juvenile court for, received deferred prosecution for, received probation for, received deferred adjudication for, found by a court or jury to have engaged in, or been convicted of, conduct defined as a felony offense in Penal Code, Title 5 [see FOC(LEGAL) at TITLE 5 FELONIES] or the felony offense of aggravated robbery under Penal Code 29.03; and
  2. The board or the board’s designee determines that the student’s presence in the regular classroom:
    1. Threatens the safety of other students or teachers;
    2. Will be detrimental to the educational process; or
    3. Is not in the best interests of the district’s students.

The Board or Principal may expel the student and order the placement regardless of:)

  1. The date the conduct occurred;
  2. The location of the conduct;
  3. Whether the conduct occurred while the student was enrolled at TSBVI; or
  4. Whether the student has successfully completed any court disposition requirements imposed in connection with the conduct.

[See Student Code of Conduct]

Alternative Setting

The student must be placed in:

  1. A juvenile justice alternative education program (JJAEP), if the local school district is located in a county that operates a JJAEP or the local school district contracts with the juvenile board of another county for the provision of a JJAEP; or
  2. A DAEP.

Duration of Placement

Notwithstanding Education Code Section 37.009(c) or (d) (placements beyond one year) or any other provision of Education Code Chapter 37, Subchapter C, the student is subject to the placement until:0)

  1. The student graduates from high school;
  2. The charges are dismissed or reduced to a misdemeanor offense; or
  3. The student completes the term of the placement or is assigned to another program.

These provisions continue to apply if the student transfers to another district in the state.

The student is entitled to periodic review [see FOC at 120-DAY REVIEW OF STATUS].

Any decision of the Board or Principal under the above provisions is final and may not be appealed.

The above provisions apply notwithstanding any other provision of Education Code Chapter 37, Subchapter A, except that Section 37.007 (expulsion) prevails to the extent of a conflict.

Education Code 37.0081

Adopted: 9/27/96
Amended:  1/24/02, 11/19/04, 1/26/18
Reviewed: