STUDENT DISCIPLINE MANAGEMENT PLAN
Introduction
All students are entitled to benefit from the basic rights recognized and protected by law for persons of
their age and maturity attending the public schools of the state. Athens Independent School District
(AISD) schools foster a climate of mutual respect for the rights of others. Students are expected to
respect the rights and privileges of other students, teachers, and other school employees. The rules of
conduct and discipline contained within this Student Code of Conduct (the Code) are established to
achieve and maintain order in the AISD schools. Students are governed by this Code and those who
violate the Code or rights of others or who violate AISD or campus rules shall be subject to the
provisions contained within this Student Code of Conduct. A discipline violation includes the planning
of, or conspiring to commit an offense and/or commission of an offense. After an investigation, certain
offenses may result in the filing of charges by the AISD Police Department through the Henderson
County District Attorney’s Office, Henderson County Juvenile Probation Department or the Henderson
County Justice of the Peace Court depending on the nature of the misconduct. Principals are required,
by law, to report certain activities to the AISD Police Department. Persons detained by the AISD Police
Department for criminal charges, including juveniles 10-16 years of age, must be fingerprinted and
photographed before being released back to a parent or being transported to a juvenile holding facility.
The District will consider a claim of self-defense and the disciplinary history of the student concerning
any offense that may result in suspension, discipline alternative education program placement, or
expulsion. All ticketable offenses may require transporting the student to the AISD Police Department.
This Student Code of Conduct is the product of collaboration between AISD and the Henderson County
Juvenile Board in response to the requirements of Chapter 37 of the Texas Education Code by the 74th
Legislature. AISD and the Henderson County Juvenile Board have entered into a Memorandum of
Understanding concerning various requirements of Chapter 37 of the Texas Education Code. The
Memorandum of Understanding between AISD and the Henderson County Juvenile Board is
incorporated by reference into this Student Code of Conduct. Pursuant to the Texas Education Code
(TEC) and applicable rules, the Board of Trustees (the Board) of the Athens Independent School
District (the District) adopted the following Discipline Management Plan (the Plan) and the Student
Code of Conduct (the Code), as required under TEC Section 37.001 at a meeting held
______________.
Development of the Student Code of Conduct
The District’s Code was developed through a cooperative effort of the District Improvement Team and
District administrators as required in TEC Section 37.001. A draft of the Code was initially prepared by
District administrative personnel and reviewed by the District’s legal advisors. The draft was then
submitted for review and comment to the District Improvement Team comprised of representatives of
parents, teachers, administrators, and community business leaders.
Rights and Responsibilities
The
rights and responsibilities of AISD students, parents, teachers,
principals, and district administrators are laid out in the Rights and
Responsibilities section in the Appendix. The purpose of this section of
the Plan is to provide a brief description of the more important rights
and responsibilities of students. In general, students should have the
maximum freedom allowable under law, commensurate with the school’s
responsibility for student health, safety, and welfare. Consequently,
the school does not relinquish its authority and responsibility. Within
each school, the principal has the responsibility for maintaining the
orderly educational process. Maintenance of the orderly educational
process shall be accomplished in a manner which both respects the rights
and recognizes the responsibilities of students.
District Jurisdiction
The District has jurisdiction over its students during the regular school day and while going to and from
school on District transportation. Within the District’s jurisdiction is any activity during the school day
on school grounds, attendance at any school-related activity, regardless of time or location, and any
school-related misconduct, regardless of time or location. The District’s jurisdiction also includes any
student whose conduct at any time and in any place interferes with or obstructs the mission or
operations of the District or the safety or welfare of students or staff members.
Guidelines for Disciplinary Actions
When imposing discipline, District personnel shall adhere to the following guidelines:
• Discipline shall be administered when necessary to protect students, school employees, or
property; maintain essential order and discipline; and promote an environment conducive to
learning.
•
Students shall be treated fairly and equitably. Discipline shall be
based on a careful assessment of the circumstances of each case. Factors
to consider shall include but are not limited to the following:
* Seriousness of the offense;
* Student’s age;
* Student’s disciplinary history;
* Intent or lack of intent at the time the student engaged in the conduct;
* Self defense;
* Potential effect of the misconduct on the school environment;
* Any mitigating factors.
Campus Discipline Person
The administrators on each campus have been designated by the Board as the Campus Discipline
Person(s) for that campus with the authority to:
• Assess and implement the campus discipline management program in cooperation with
teachers and staff;
• Remove a student from campus for compelling non-disciplinary reasons or pending a
conference;
• Investigate allegations of student misconduct which includes questioning students, and
searching
a student or the student’s belongings if there is reasonable suspicion
that the student has violated a specific rule or law and the school
administration reasonably expects that the search could produce evidence
of that violation
• Conduct
conferences regarding removal of students to alternative educational
placement; to make determination of guilt; and, upon such determination,
to determine the duration of removal and the alternative educational
placement to which a student should be removed.
The
Superintendent or designee has been designated by the Board to conduct
hearings concerning expulsion of students and to issue orders of
expulsion upon determination of guilt of incorrigible conduct as a
result of such hearings.
Levels of Violations in Student Code of Conduct
The
Code classifies student violations according to their significance.
There are five levels of increasingly serious violations. Minor offenses
are classified as Level I violations. The most serious offenses are
classified as Level V. Each level carries a range of consequences that
is appropriate for the particular violation. Due to the nature of some
offenses they may be listed under more than one level. In these cases,
the principal will decide upon the appropriate level and consequence
according to the specific circumstances of the violation. Repeated
violations in one level may result in disciplinary consequences at the
next level.
Procedures for Student Discipline Referrals
Most
Level I offenses are considered minor violations of the Student Code of
Conduct and, therefore, a written report of such offenses is ordinarily
not required to be filed with the school principal or other appropriate
administrator. However, if the teacher (1) imposes school detentions,
(2) removes the student to the principal’s office, or (3) has the
student enter a behavioral contract, the teacher will file with the
school principal or the other appropriate administrator a written
report, not to exceed one page, documenting the violation. A teacher
with knowledge that a student has violated the Student Code of Conduct
at Level II or higher must file a written report with the school
principal. The principal or other appropriate administrator will send a
copy of the report to the student’s parents or guardian as soon as
possible but not later than three school days after receipt of the
report from the teacher. All consequences will be recorded and kept on
file for future reference.
Procedures for Student Removal by Teachers TEC 37.002, 37.003
A
teacher may send a student to the principal’s office to maintain
effective discipline in the classroom. The principal shall respond by
employing appropriate discipline management techniques consistent with
the Student Code of Conduct.
A teacher may remove from class a student:
•
Who has been documented by the teacher to repeatedly interfere with the
teacher’s ability to communicate effectively with the students in the
class or with the ability of the student’s classmates to learn;
•
Whose behavior the teacher determines is so unruly, disruptive, or
abusive that it seriously interferes with the teacher’s ability to
communicate effectively with students in the class or with the ability
of the student’s classmates to learn.
If a teacher
removes a student from class under Subsection (b) (listed above), the
principal may place the student into another appropriate classroom, into
in-school suspension, or into a disciplinary alternative educational
program (DAEP) as provided by Section 37.008. The principal may not
return the student to that teacher’s class without the teacher’s consent
unless the committee established under Section 37.003 determines that
such placement is the best or only alternative available. The terms of
the removal may prohibit the student from attending or participating in
school-sponsored or school-related activities. A teacher shall remove
from class and send to the principal for placement in a DAEP or for
expulsion, as appropriate, a student who engages in conduct described
under Section 37.006 or 37.007. The student may not be returned to that
teacher’s class without the teacher’s consent unless the committee
established under Section 37.003 determines that such placement is the
best or only alternative available.
Each school shall establish a
three-member committee to determine placement of a student when a
teacher refuses the return of a student to the teacher’s class and make
recommendations to the District regarding re-admission of expelled
students.
Members shall be appointed as follows:
• The campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member;
• The principal shall choose one member from the professional staff of the campus;
• The teacher refusing to re-admit the student may not serve on the committee.
Student Code of Conduct Levels of Behavior
LEVEL I Disruptive Behavior—Minor Infractions
The
first category is most important because early corrective action will
usually avoid the need to progress to more restrictive categories.
Students’ first signs of misbehavior usually are not of a severe nature,
but are signals for special attention. Communication, cooperation, and
encouragement of positive behavior are the key ingredients at this level
of remediation.
Level I disruptive offenses may include, but are not limited to:
• Disruption of school activities;
• Giving false information either verbally or in writing to a school staff member;
• Failure to follow the directions of a teacher, principal, bus driver, supervisor or other school staff member;
• Dress code violations
• Littering of school grounds;
•
Possession of articles inappropriate for school including but not
limited to radios, iPods, laser pointers, and/or printed material not
appropriate for school;
• Use of cell phone during school hours;
• Dress code violations.
Students
guilty of a first Level I offense may receive any of the discipline
management techniques appropriate for the situation as determined by a
school administrator, including, but not limited to:
• Before or after school detention [see Detention, p. C-17];
• Denial of classroom privileges;
• Verbal correction;
• Conference with the student;
• Special duties in classroom;
• Behavioral contracts;
• Parent telephone call, letter, and/or conference [see Parent-Teacher
Conferences, p. C-16];
• Individualized behavior modification;
• Warning;
• Removal by teacher to principal’s office;
• Referral to AISD Police Department for appropriate legal action;
• Special education students—refer to IEP; and §504 students—refer to STAT accommodations;
• Peer mediation;
• Assignment to In-school Suspension.
• Saturday School
A
second Level I offense may result in any of the above consequences or
suspension for up to three days and/or an additional assignment to
in-school suspension. Repeated Level I offenses may ultimately result in
assignment to a DAEP.
Persistent misbehavior of Level I may lead to consequences in Level II.
LEVEL II Serious Disruptive Behavior
In general, Level II offenses are considered more serious in nature and will carry more severe consequences.
The
discipline techniques at this stage are designed to teach the students
positive alternative behaviors or to impress upon the student the
negative consequences of negative behavior. After investigating the
scope and nature of the offense committed, the campus administrator may
implement any one or more of discipline management techniques.
Level II serious disruptive offenses may include, but are not limited to:
• Disrespect of a staff member;
• Cheating;
• Improper use of telecommunication devices, authorized or unauthorized;
• Harassment, bullying or hazing [see Bullying, p. C-12);
• Gang Behavior [see Gangs, p. C-14);
• Use or possession of any tobacco products
• Theft
• Cursing
Students
guilty of a first Level II offense may receive any of the discipline
management techniques appropriate for the situation as determined by a
school administrator, including, but not limited to:
• Conference with campus administrator;
• Behavioral contracts;
• Partial or complete denial of attendance and/or participation in extracurricular activities;
• Probation;
• Before/after school and/or Saturday detention [see Detention, p. C-17];
• Removal from class for up to three days (campus ISS);
• Parent notification;
• Teacher removal from class, documented behavior;
• Special education students—refer to IEP; and §504 students—refer to STAT accommodations;
• Referral to AISD Police Department for appropriate legal action.
• Saturday School
A
second Level II offense may result in any of the above consequences or
suspension for up to three days and/or an additional assignment to
in-school suspension. Repeated or serious Level II offenses may
ultimately result in assignment to a DAEP.
LEVEL III Serious or Persistent Misbehavior (Suspension/Campus ISS or DAEP)
After
reasonable discipline management techniques have been imposed and the
campus administrator determines that the student’s presence in the
regular classroom is disruptive to other students or persistent
misbehavior violates the previously communicated standards of student
conduct, the building administrator may remove a student to a
disciplinary alternative educational program (DAEP), assign in-school
suspension (ISS), or assign home suspension (up to three days).
If
a student is suspended, the student’s absence shall be considered
excused if the student satisfactorily completes the class assignments
for the period of suspension within the same number of days of his/her
suspension, after the student’s return to school.
Behaviors leading to such action may include, but are not limited to:
• Vandalism [see Vandalism, p. C-16];
• Gang activity, including being a member of a Gang [see Gangs, p. C-14];
•
Tampering with, changing, or altering records or documents of the
District by any method, including, but not limited to, computer access
or other electronic means;
• Cheating—denial of credit [see Cheating, p. C-12];
• Directing profanity, vulgar language or obscene gestures toward other student or school personnel;
•
Engaging in verbal abuse, i.e., name-calling, ethnic or racial slurs,
or derogatory statements addressed publicly to others that may disrupt
the school program or incite violence;
• Use/possession of tobacco [see Tobacco Possession/Use, p. C-15];
• Fighting;
• Harassment or Bullying [see Bullying, p. C-12];
• Insubordination [see Insubordination, p. C-14];
• Use of force or threat [see Assault, p. C-11];
• Engaging in any form of sexual harassment of another student or staff member [see Sexual Harassment, p. C-14];
•
Planning and/or organizing and/or instigating and/or participating in
an activity that causes substantial disruption of the educational
program;
• Possession of any weapon not prohibited in Level V,
including but not limited to BB/pellet guns, knives, razors, box
cutters, chains, etc. [see Weapons, p. C-16];
• Possession of ammunition, fireworks, or other dangerous instruments;
• Misdemeanor theft;
• Extortion, coercion, kidnapping, or blackmail;
•
Damaging and/or destroying and/or altering school computer hardware
and/or software by any method including, but not limited to the use of
computer software viruses or other electronic
means;
• Inappropriately using instructional materials including computers, computer systems, and other technology;
• Hazing [see Hazing, p. C-14];
•
Possessing drug paraphernalia, as drug paraphernalia is defined by the
Texas Controlled Substance Act (Article 4476-15, Vernon’s Texas Civil
Statutes) [see Drug/Alcohol Possession/Use, p. C-13];
• Non felony criminal mischief.
Students
guilty of a Level III offense may receive any of the discipline
management techniques appropriate for the situation as determined by a
school administrator, including, but not limited to:
• Assignment to in-school suspension (ISS); and/or
• Suspension (up to three days); and/or
• Assignment to a DAEP (District or Highpoint); and/or
• Referral to AISD Police Department for appropriate legal action;
• Special education students—refer to IEP; and §504 students—
refer to STAT accommodations.
A
student who commits a Level III offense and is suspended or placed in a
DAEP is prohibited from attending or participating in school-sponsored
or school related activities.
LEVEL IV Offenses for Which a Student Will Be Placed in a DAEP
A
student will be placed in a disciplinary alternative education program
for any of the following offenses if committed on school property or
while attending school-sponsored or school-related activities on or off
school property.
Behaviors leading to such action may include, but are not limited to the following:
•
Serious or persistent misbehavior after the student has been placed in a
campus ISS and continues to violate the District Student Code of
Conduct;
• Regardless of where the conduct occurs, engaging in
conduct involving a public school that contains the elements of the
offense of false alarm or report (under Section 42.06. Texas Penal
Code), or terroristic threat (Section 22.07, Texas Penal Code);
• Assault of an individual under Section 22.01 (a) (2) (a) (3), Texas Penal Code;
•
On or within 300 feet of school property or while attending a school
sponsored or school-related activity on or off school property, engaging
in conduct punishable as a felony other than those felony offenses
listed in Level V of the Student Code of Conduct;
• On or within 300
feet of school property or while attending a school sponsored or
school-related activity on or off school property, engaging in conduct
that contains the elements of the offense of assault under Section 22.01
(a) (1), Texas Penal Code;
• On or within 300 feet of school
property or while attending a school sponsored or school-related
activity on or off school property, selling, giving, delivering,
possessing, using, or being under the influence of marijuana or a
controlled substance (as defined by Chapter 481, Health
and Safety
Code, or by 21 U.S.C. Section 801 et. Seq.), or a dangerous drug (as
defined by Chapter 482, Health and Safety Code) or an abusable volatile
chemical under Section 485.031-485.034, Health and Safety Code, if
punishable as a misdemeanor;
• On or within 300 feet of school
property or while attending a school sponsored or school-related
activity on or off school property, selling, giving, or delivering to
another person an alcoholic beverage, (as defined by Section 1.04,
Alcoholic Beverage Code), committing a serious act or offense while
under the influence of alcohol, or possessing, using, or being under the
influence of an alcoholic beverage if punishable as a misdemeanor;
• On or within 300 feet of school property or while attending a school sponsored
or
school-related activity on or off school property, engages in conduct
that contains the elements of the offense of public lewdness (under
Section 21.09, Texas Penal Code) or indecent exposure (under Section
21.08, Texas Penal Code);
• Engaging in conduct occurring off campus
and while the student is not in attendance at a school-sponsored or
school-related activity if:
* The student receives
deferred prosecution under Section 53.03, Texas Family Code, for conduct
defined as a felony offense in Title 5, Penal Code; or
* A court or
jury finds that the student has engaged in delinquent conduct under
Section 54.03, Texas Family Code, for conduct defined as a felony
offense in Title 5, Penal Code; or
* The Superintendent or the
Superintendent’s designee has a reasonable belief that the student has
engaged in conduct defined as a felony offense in Title 5, Penal Code.
•
Regardless of time or location, engaging in conduct on or off school
property that contains the elements of the offense of retaliation under
Section 36.06, Texas Penal Code, against any school employee;
• Engages in conduct that contains the elements of an offense of deadly conduct under Section 22.05, Penal Code;
•
Engages in conduct that contains elements of the offense of criminal
mischief under Section 28.03, Penal Code, if the conduct is punishable
as a felony;
• Off campus, non-violent felony, if the
Superintendent/designee has a reasonable belief the continued presence
of the student in the regular classroom threatens the safety of other
students or teachers or will be detrimental to the educational process;
•
A student who is younger than 10 years of age shall be removed from
class and placed in a disciplinary alternative education program if the
student engages in conduct that would be an expellable offense for
students 10 years old or older. A student who is under 10 years of age
who possesses a firearm shall be expelled but shall receive education in
the DAEP during the term of the expulsion. See the list of expellable
offenses in Level V of the Student Code of Conduct;
• Robbery;
• Title 5 Expulsions:
After
an opportunity for a hearing, a student may also be expelled from AISD
and placed in the Henderson County Juvenile Justice Alternative
Education Program if, regardless of when the offense occurred, the
location of the offense, or whether the student was enrolled in the
District at the time of the offense, a
student:
* has received deferred prosecution under the Family Code for conduct defined as a felony offense in Title 5 of the Penal Code;
*
has been found by a court or jury to have engaged in delinquent conduct
under the Family Code for conduct defined as a felony offense in Title 5
of the Penal Code;
* is charged with engaging in conduct defined as a felony offense in Title 5 of the Penal Code;
*
has been referred to a juvenile court for allegedly engaging in
delinquent conduct under the Family Code for conduct defined as a felony
offense in Title 5 of the Penal Code;
* has received probation or deferred adjudication for a felony offense under Title 5 of the Penal Code;
* has been convicted of a felony offense under Title 5 of the Penal Code; or
*
has been arrested for or charged with a felony offense under Title 5 of
the Penal Code. Before being expelled, the principal must also
determine the student’s presence in the classroom threatens the safety
of the other students or teachers; will be detrimental to the
educational process; or is not in the best interests of the
District’s
students. Title 5 felonies include criminal homicide; murder; capital
murder; manslaughter; criminally negligent homicide; false imprisonment;
kidnapping; aggravated kidnapping; indecency with a child; sexual
assault; aggravated sexual assault; injury to a child, elderly
individual, or disabled individual; abandoning or endangering a child;
deadly conduct; terroristic threat; aiding suicide; or tampering with a
consumer product. The expulsion shall last until:
* the student graduates from high school;
* the Title 5 felony charges that resulted in the expulsion are dismissed or reduced to a misdemeanor offense; or
*
the student completes the term of the placement or is assigned to
another program. A decision under this section is final and may not be
appealed; however, the placement shall be reviewed at intervals not to
exceed 120 days.
Level IV consequences may include but are not limited to:
• Assignment to a DAEP (District or Highpoint or Henderson County
Juvenile Justice Alternative Education Program);
• Special education students will be referred to an ARD Committee and
§504 students referred to STAT;
• Referral will be made to AISD Police Department for appropriate legal
action.
A
student who commits a Level IV offense and is placed in a DAEP is
prohibited from attending or participating in a school-sponsored or
school-related activity.
* the student graduates from high school;
* the Title 5 felony charges that resulted in the expulsion are dismissed or
reduced to a misdemeanor offense; or
* the student completes the term of the placement or is assigned to another
program. A decision under this section is final and may not be appealed;
however, the placement shall be reviewed at intervals not to exceed 120 days.
Level IV consequences may include but are not limited to:
• Assignment to a DAEP (District or Highpoint or Henderson County
Juvenile Justice Alternative Education Program);
• Special education students will be referred to an ARD Committee and
§504 students referred to STAT;
• Referral will be made to AISD Police Department for appropriate legal
action.
A
student who commits a Level IV offense and is placed in a DAEP is
prohibited from attending or participating in a school-sponsored or
school-related activity.
Consequences for misbehavior Level V are as follows:
The
length of expulsion may be up to one year. Under federal law, any
student who brings a firearm as defined in 18 U.S.C. Section 921,
regardless of the student’s age, must be expelled from the student’s
regular campus for a period of a least one year, except that the
Superintendent may modify the length of the
expulsion.
A
student who violates the provisions of Level V Student Code of Conduct
and is expelled will be referred to the Henderson County Juvenile Court
[see Expulsion, p. C-19]. The Juvenile Courts may order an expelled
student or a student who commits a felony off campus to attend the
JJAEP. Referral to AISD Police
Department for appropriate legal action.
• Special education students will be referred to an ARD Committee and
§504 students referred to STAT.
Registered Sex Offenders
Students Required to Register as Sex Offenders
Any student who is required to register as a sex offender under Chapter 62 of the
Code of Criminal Procedure and who is under any form of court supervision, including probation,
community supervision, or parole, shall be removed to the DAEP for at least one semester.
If
a student is required to register as a sex offender under Chapter 62 of
the Code of Criminal Procedure and is not under any form of court
supervision, the District may remove the student to the DAEP for one
semester or elect to leave the student in the regular classroom. The
District may not leave the student in the
regular classroom if the Board’s designee determines that the student’s presence in the regular classroom:
• threatens the safety of other students or teachers;
• will be detrimental to the educational process; or
• is not in the best interests of the District’s students.
A
student or the student’s parent or guardian may appeal the decision to
place the student in the DAEP by requesting a conference among the
Board’s designee, the student’s parent or guardian, and the student. The
conference is limited to the factual question of whether the student is
required to register as a sex offender
under Chapter 62 of the Code
of Criminal Procedure. If the Board’s designee determines at the
conclusion of the conference that the student is required to register as
a sex offender under Chapter 62 of the Code of Criminal Procedure, the
student shall be placed in the DAEP. The decision of the Board’s
designee is
final and may not be appealed.
Review Procedures for Registered Sex Offenders
1.
At the end of the first semester of a student’s placement in the DAEP,
the Board’s designee shall convene a committee to review the student’s
continued placement in the DAEP. The committee must be composed of:
• a classroom teacher from the campus to which the student would be
assigned were the student not placed in the DAEP;
• the student’s parole or probation officer or, in the case of a student who
does not have a parole or probation officer, a representative of the local
juvenile probation department;
• an instructor from the DAEP to which the student is assigned;
• a school district designee; and
• a counselor employed by the school district.
2.
The committee by majority vote shall determine and recommend to the
Board’s designee whether the student should be returned to the regular
classroom or remain in the DAEP.
3. If the committee recommends
that the student be returned to the regular classroom, the Board’s
designee shall return the student to the regular classroom unless the
Board’s designee determines that the student’s presence in the regular
classroom:
• threatens the safety of other students or teachers;
• will be detrimental to the educational process; or
• is not in the best interests of the District’s students.
4.
If the committee recommends that the student remain in the DAEP, the
Board’s designee shall continue the student’s placement in the DAEP
unless the Board’s designee determines that the student’s presence in
the regular classroom:
• does not threaten the safety of other students or teachers;
• will not be detrimental to the educational process; and
• is not contrary to the best interests of the district’s students.
5.
If, after receiving the committee’s recommendation, the Board’s
designee determines that the student should remain in the DAEP, the
Board’s designee shall before the beginning of each school year convene
the review committee described above to review the student’s placement
in the DAEP.
6. The placement of any student who is a registered
sex offender and is also a student with a disability who receives
special education services must be made in compliance with the
Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq. The
review of the student’s placement as described above shall be
conducted
by the student’s Admission, Review, and Dismissal (“ARD”) Committee,
although the ARD Committee may request that the Board’s designee convene
a regular review committee to assist the ARD Committee in conducting
the review.
• If a student who has been placed in a DAEP or a JJAEP as a registered
sex offender transfers to the District during the student’s mandatory
placement, the Board’s designee will convene a review committee as
described above to determine the student’s appropriate placement. The
committee may recommend:
• that the student be assigned to the DAEP for the remainder of the
time unserved in the student’s previous district, plus an additional
semester, without conducting any additional review of the
student’s placement between semesters;
• that the student be assigned to the DAEP for the remainder of the
time unserved in the student’s previous district; or
• that the student be placed in the regular classroom.
The
Board’s designee shall not allow the student to return to the regular
classroom if the designee determines that the student’s presence in the
regular classroom:
• threatens the safety of other students or teachers;
• will be detrimental to the educational process; or
• is not in the best interests of the District’s students.
Discipline for Students with Disabilities
Disciplinary
actions regarding special education and Section 504 eligible students
shall be in accordance with the Plan subject to the requirements of
state and federal law, including, but not limited to, appropriate
manifestation determinations. Information regarding the applicable
procedures may be obtained from a campus administrator or the District
special education department.
Definitions and Explanations
Student Violations
The
following provisions delineate actions or activities that the District
considers violations of the norm of student conduct. Students who are
guilty of such offenses will be subject to disciplinary action specified
in the Student Code of Conduct. The behaviors described are
representative of the most frequent types of offenses and are not to be
considered all inclusive.
Other misconduct not specified in this
handbook may be dealt with by any appropriate discipline management
technique(s) or assignment to the Disciplinary Alternative Education
Program, depending upon the nature of the misconduct.
For
purposes of the Code, a student who is apprehended in the process of
committing an act which would constitute an offense under the Code if
completed shall be considered to have committed the offense, whether or
not all elements of the offense had been completed before apprehension. A
student who
endeavors to commit an act, which is an offense under
the Code, and is unsuccessful for reasons other than apprehension, e.g.,
an attempt to enter another student’s locker to steal which is
unsuccessful because of inability to accomplish entry, shall be
considered to have committed the offense of attempting to commit the
act, e.g., attempted theft or robbery. Offenses of attempt may be
punishable in the same manner as the offense which was attempted.
Assault (Level IV/V Offense) TEC 37.006, 37.007
Students
are prohibited from assaulting anyone on school property, at any school
related event, in a situation which is school-related, or in any way
which is detrimental to the educational process. An assault is defined
as:
• Intentionally, knowingly, or recklessly causing bodily injury to another
person;
• Intentionally or knowingly threatening another with imminent bodily
harm, or placing another in fear of imminent bodily harm;
•
Intentionally or knowingly causing physical contact with another when
the student knows or should reasonably believe that the other will
regard the contact as offensive or provocative.
Bullying (Level II–IV Offense)
Bullying
is engaging in written or verbal expression or physical conduct that a
school board, or designee, determines (1) has the effect of physically
harming a student, damaging a student’s property, or placing a student
in reasonable fear of either; or (2) is sufficiently severe, persistent,
or pervasive enough that the action
or threat creates an
intimidating, threatening, or abusive educational environment for a
student. Bullying also includes any form of harassment or the making of
hit list.
Hit list is defined as a list of people targeted
to be harmed using a firearm as defined by Section 46.01(3), Penal
Code; a knife as defined by Section 46.01(7), Penal Code; or any other
object to be used with intent to cause bodily harm.
Harassment
is defined as threatening to cause harm or intimidating conduct,
causing physical damage to the property of another student, subjecting
another student to physical confinement or restraint, or maliciously
taking any action that substantially harms another student’s physical or
emotional health or safety. The penalty under this section could range
from Level II to Level IV. The level will depend upon the specific
actions of the student as well as the overall effect on the school.
Cheating (Level II/III Offense)
Cheating
shall be defined as giving or receiving information or help on a test,
possession of any unauthorized material during a test, copying another
student’s assignment or knowingly allowing another unauthorized student
to copy from his/her assignment, submitting duplicate work, or having
someone else complete an assignment on behalf of the student.
Plagiarism, the use of another’s ideas or products as one’s own, is also
defined as cheating. The penalty for cheating will be a zero for work
involved and the student will be subject to appropriate disciplinary
action in cheating offenses. All students involved will be subject to
disciplinary action.
Substantial Disruption of Classes or School
Activities (Level III/IV Offense) TEC 37.123, 37.124
For
purposes of the Code, “school property” includes the public school
campuses or school grounds upon which any public school is located, and
any grounds or buildings used by District schools for assemblies or
other school-related activities; and “public property” includes any
street, highway, alley, public park,
or sidewalk not owned by the District.
No
student shall be permitted on school property or on public property
within 500 feet of school property to disrupt willfully, alone or in
concert with others, the conduct of classes or other school activities.
Conduct that disrupts classes or other school activities includes the
following actions:
• Emissions, by any means, of noise of an intensity that prevents or hinders
instruction;
• Enticement or attempted enticement of students away from classes or
other school activities that students desire or are required to attend;
• Prevention or attempted prevention of students from attending classes or
other school activities that students desire or are required to attend;
• Admission to an educational activity or area without consent of either the
principal or teacher and either through acts of misconduct and/or use of
loud or profane language, causing disruption of class activities;
• Threats against District property including but not limited to fire, arson,
or bombing.
Conduct
by a student or students, either in or out of class, that for any
reason- whether because of time, place, or manner of behavior—materially
disrupts classwork or school activities or involves substantial
disorder or invasion or rights of other students, officials, guest,
participants, or employees at school or school-related activities is
prohibited.
Student demonstrations and similar activities shall
be prohibited when there is evidence that may reasonably lead school
authorities to forecast substantial disruption on, or material
interference with, normal school operations or approved school
activities.
Disruption of Lawful Assembly
(Level IV Offense) TEC 37.123, 37.124
No
student or group of students acting in concert may willfully engage in
disruptive activity or disrupt a lawful assembly on the campus or on
District property.
Disruptive activity means:
• Obstructing or restraining the passage of any person in an exit, entrance,
or hallway of any building without the authorization of the principal or
the District;
• Seizing control of any building or portion of a building for the purpose of
interfering with an administrative, educational, research, or other
authorized activity;
• Preventing or attempting to prevent by force or violence or the threat of
violence any lawful assembly authorized by the District administration,
principal, or the Board;
• Disrupting by force or violence or the threat of force or violence a lawful
assembly in process;
• Obstructing or restraining the passage of any person at an exit or entrance
to a campus or property; or preventing or attempting to prevent, by force,
violence or threat, the entrance or exit of any person to or from property
or campus without authorization of the District.
A
lawful assembly or school-related activity is disrupted when any person
in attendance is rendered incapable of participating in the assembly
due to the use of force or violence or due to a reasonable fear that
force or violence is likely to occur.
Dress Code Violation (Level II Offense)
The
school has a legitimate interest in requiring proper dress and personal
grooming for every student. It is essential to the effectiveness of the
educational process that any model of dress that tends to disrupt or
distract from the proper learning environment of the school be
prohibited. The student’s personal dress
and grooming should not lead
school officials to believe that such dress and grooming will disrupt,
interfere with, disturb, or detract from school activities, nor create a
health or other hazard to the student’s safety or the safety of others.
The
District shall adopt and distribute specific standards concerning dress
and personal grooming in the Student/Parent Handbook or supplement of
each school which are consistent with general guidelines outlined by the
Board. The principal, in cooperation with the sponsor, coach, or other
person in charge of an extracurricular activity, may regulate the dress
and grooming of students who participate in extracurricular activities.
Drug/Alcohol Possession/Use
(Level IV/V Offense) TEC 37.006, 37.007, 37.122
No
student shall possess, use, transmit; or attempt to possess, use, or
transmit; or be under the influence of any of the following substances
on school premises or off school premises at a school-related activity,
function, or event:
• Any controlled substance or
dangerous drug as defined by law, without regard to amount, including
but not limited to marijuana, any narcotic drug, hallucinogen,
stimulant, depressant, amphetamine, or barbiturate;
• Alcohol or any alcoholic beverage;
• Any abusable glue, aerosol paint, or any other chemical substance for inhalation;
• Any other intoxicant, or mood-changing, mind-altering, or behavior altering drug;
• Correction fluid, white out, etc.
Possession,
use, and delivery of any alcohol or drugs are strictly prohibited,
regardless of the amount of the drug or substance. School discipline
will be applied if any amount of drugs or alcohol is used or possessed
at school, at a school–related event, or prior to coming to school or a
school-related event.
“Possess” means actual care,
custody, control, or management of a prohibited substance or drug
paraphernalia. A prohibited item found or observed on the student’s
person, in the student’s locker, vehicle, clothing, or belongings will
be presumed to be in the student’s possession. There may be more than
one person in possession of a prohibited item. As an example, a
prohibited item found in a vehicle with more than one student will be
presumed to be in the possession of all students present when
circumstances indicate knowledge of the prohibited items and have or may
exercise care, custody, control, or management of the
prohibited item.
“Use” means
smoke, ingest, imbibe, drink, or otherwise absorb. Use may be evidenced
by the student’s appearance, actions, speech, breath, or aroma.
Students coming on school premises or to a school function after using
alcohol or other prohibited drugs are subject to disciplinary action.
“Under the Influence” means
noticeable impairment of a student’s faculties, but is not limited to
legal intoxication. The transmittal, sale, or attempted sale of what is
represented to be any of the above listed substances is also prohibited
under this rule.
The principal is responsible for determining
whether a student has been using drugs or alcohol. However, a
comprehensive drug screen, administered in a health facility designated
by the District and within two hours of apprehension of the alleged use,
may be accepted as conclusive evidence for use. Other methods
of detection, i.e. breathalyzer, may be used to determine whether a student has or has not used drugs or alcohol.
A
student who uses a drug authorized by a licensed physician through a
prescription specifically for that student’s use shall not be in
violation of this rule. Prompt written notice of such usage shall be
given to the principal by the student’s parents. Students may not use or
possess medicine—prescription or
nonprescription—without complying with procedures established in the Student/Parent Handbook.
If
a disabled student who is designated only §504 is currently using drugs
or alcohol and violates the District policy on the use or possession of
drugs and alcohol, the student loses the procedural protections
provided by §504 and may be disciplined for the violations. [1991 OCR
Policy Memorandum on ADA Amendments to §504 OCR 1991]
Fighting/Self-Defense
Self-defense is seldom an acceptable excuse for fighting and is only considered in rare circumstances.
Students should do everything possible to avoid physical contact with other students.
Fraternities, Sororities, Secret Societies, and Gangs (Level II-IV Offense) TEC 37.121
A
person commits an offense if the person is as follows: a member of,
pledges to become a member of, joins, or solicits another person to join
or pledge to become a member of a public school fraternity, sorority,
secret society, or gang.
A school district board of trustees or
an educator shall recommend placing in a disciplinary alternative
educational program (DAEP) any student under the District’s control who
violates this section.
An offense under this section is a Class C misdemeanor.
In
this section, a “public school fraternity, sorority, secret society, or
gang” means an organization composed wholly or in part of students of
public primary or secondary schools that seeks to perpetuate itself by
taking in additional members from the students enrolled in school on the
basis of the decision of its membership rather than on the free choice
of a student in the school who is qualified by the rules of the school
to fill the special aims of the organization. The term does not include
Boy Scouts, Hi-Y, Girl Reserves, DeMolay, Rainbow
Girls,
Pan-American Clubs, scholarship societies, or other similar educational
organizations sponsored by state or national education authorities.
The
penalty under this section could range from Level II to Level IV. The
level will depend upon the specific actions of the student as well as
the overall effect on the school.
Hazing (Level IV Offense) TEC 37.151, 37.152
Hazing
includes any willful act done by a student either individually or with
others, to another student for the purpose of subjecting the other
student to indignity, humiliation, intimidation, physical abuse or
threats of abuse, social ostracism, shame, or disgrace. No student shall
engage in any form of hazing, nor shall any student encourage or assist
any other person in hazing. Students shall have prior written approval
from the principal for any type of “initiation rites” of a school club
or organization.
Insubordination (Level III and IV Offense)
Insubordination
refers to, but is not limited to, any form of failure to cooperate with
school personnel, failure to submit to the authority of school
personnel, and the providing of false information.
Sexual Harassment (Level III Offense) TEC 37.083
Sexual
harassment is defined as any unwanted physical, verbal, or visual
sexual advances; requests for sexual favors; and other sexually-oriented
conduct, which is offensive or objectionable to the recipient,
including, but not limited to: epithets; derogatory or suggestive
comments, slurs, or gestures; and offensive
posters, cartoons, pictures, or drawings.
The
District believes that every student has the right to attend District
schools and school-related activities free from all forms of
discrimination on the basis of sex, including sexual harassment. The
District considers sexual harassment of students to be serious and will
consider the full range of discipline options up to
and including the District’s DAEP, according to the nature of the offense.
All
students are expected to treat one another courteously, with respect
for the other person’s feelings; to avoid any behaviors known to be
offensive; and to stop these behaviors when asked or told to stop. All
students are prohibited from engaging in offensive verbal or physical
conduct of a sexual nature directed
toward another student. This
prohibition applies whether the conduct is by word, gestures, or any
other intimidating sexual conduct, including requests for sexual favors
that the other student regards as offensive or provocative. Students
and/or parents are encouraged to discuss their questions or concerns
about the
expectations in this area with the teacher; the principal
or designee; or the Superintendent, who serves as the District’s Title
IX coordinator for students.
A complaint alleging sexual
harassment by another student or sexual harassment or sexual abuse by a
staff member may be presented by a student and/or parents in a
conference with the principal or designee or with the Title IX
coordinator.
The first conference with the student will be held
by a person who is the same gender as the student. The conference will
be scheduled and held as soon as possible within five days of the
request. The complaints will be investigated by the AISD Police
Department which ordinarily will be completed within 10 school days. The
student or parents will be informed if extenuating circumstances delay
completion of the investigation. The student will not be required to
present a complaint to a person who is the subject of the complaint.
If
the resolution of the complaint is not satisfactory to the student or
parents, the student or parents within 10 days may request a conference
with the Superintendent or designee by following the procedures set out
in Board Policy FFH (Local). If the resolution by the Superintendent or
designee is not satisfactory, the student or parents may present the
complaint to the Board as provided by Board policy.
Telecommunication Devices/Electronic Devices
Students
in AISD may possess but shall not activate or use a paging device or
cellular phone on school grounds during normal school hours of
instruction.
Students will not use iPods, portable DVD players, etc. during school hours unless authorized by the campus principal.
A
student may possess and use a telecommunication device or cellular
phone on school grounds before or after normal school hours of
instruction, or at athletic events or other school-related special
events.
A person who discovers a student in possession of a
paging device or cellular phone, in violation of District rules, shall
report the violation to the appropriate school administrator as
determined by school policy who shall order a peace officer or
appropriate school employee to confiscate the device.
A student
who has had a cellular phone or paging device confiscated will receive
written notice from the AISD Police Department. The notice will advise
the parents of the student they have thirty (30) days from the date on
the notice to retrieve the device by paying an administration fee of
$15.00 to the AISD Police Department located at _____________. The hours
are 8:00 A.M. through 4:00 P.M., Monday through Friday. All paging
devices not claimed within thirty (30) days will become the property of
AISD.
In this section, paging device means telecommunication
device that emits an audible signal, vibrates, displays a message, or
otherwise summons or delivers a communication to the possessor.
The
District (AISD) is not responsible for telecommunication
devices/electronic devices brought onto the campus that becomes lost or
stolen, whether the device is in possession of the student or District
personnel.
Tobacco Possession/Use (Level III Offense) TEC 38.006
No
student shall possess or use on school premises or at school-related
functions, tobacco products, including but not limited to cigarettes,
cigars, pipes, snuff, or chewing tobacco. An offense under this section
is a Class C misdemeanor. Unauthorized Distribution of Publications
(Level III Offense) TEC 37.123,
37.124
Distribution of written material by students may be restricted pursuant to the following guidelines:
•
Distribution may be limited in order to prevent material and
substantial interference with the normal school operations in
circumstances where there is evidence that disruption will likely result
directly from the distribution.
• Reasonable administrative
regulations as to the time, place, and manner of distribution may be
prescribed to promote orderly administration of school activities by
preventing disruption, but shall not be designed to stifle expression.
• Content of material to be distributed shall conform to the following:
*
Drug-, sex-, or alcohol-related materials that are inappropriate for
the age and maturity of the person likely to receive the material or
that endorse actions harmful to the health and safety of students shall
not be distributed;
* Libelous, scandalous, obscene, or defamatory materials shall be prohibited from distribution and/or viewing on the Internet;
*
Publications that criticize Board members or school officials or
advocate violations of the Code or campus rules may be prohibited when
there is evidence that reasonably supports a forecast that material and
substantial disruption of normal school operations will result from the
publication;
* Hate literature that scrupulously attacks ethnic,
religious, racial, or other groups and similar irresponsible
publications aimed at creating hostility and violence shall be banned.
Only literature that could reasonably support a forecast of material and
substantial disruption of normal school operations is affected by this
restriction.
All
school publications and other written material intended for
distribution to students on school or District property or at
school-sponsored activities shall be submitted for review before
distribution according to the guidelines set out above and according to
the following procedures:
• Material shall be submitted to the principal or designee for review;
•
The principal or designee shall approve or disapprove submitted
material within three working days of the time the material is received;
•
The student may appeal disapproval to the Superintendent or designee
who shall decide the appeal within three working days of its receipt.
Unexcused Tardiness (Level I Offense) TEC 25.087
For
the purpose of the Code, unexcused tardiness is defined as arriving to
class without an acceptable excuse or admits after the tardy bell has
rung, but before more than fifteen (15) minutes of the class have
expired. Further, for purposes of the Code, unexcused arrival at a class
after more than fifteen (15) minutes have expired shall be regarded as
an unexcused absence. A teacher shall be entitled to impose appropriate
sanctions under the teacher’s classroom discipline plan, including
denial of academic credit for the day’s class if a grade was taken for
all other members of the class. In addition, the student will be subject
to disciplinary action.
Vandalism (Level III Offense) TEC 37.101
Students
shall not vandalize nor otherwise damage or deface school property
including, but not limited to, grounds, furniture, equipment or
vehicles, or the property of others located on school property or used
for school purposes or at school-sponsored events. Parents or guardians
of students guilty of damaging
property will be liable for damages in accordance with the law.
Weapons (Level V Offense) TEC 37.007
No
student shall possess, use, exhibit, or transmit on school or District
property or in vehicles provided by the school or District or authorized
and utilized for school- or District-related purposes or at
school-related activities, any firearm, explosive device, illegal knife,
or other weapon, unless pursuant to written regulations or written
authorization of the District.
Students shall not threaten to
possess, use, exhibit, or transmit any such device or weapon. This rule
is not intended to apply, in the usual case, to school supplies such as
pencils, pens, compasses, and the like, unless used or exhibited in a
menacing or threatening manner.
If any student possesses, uses,
exhibits, or transmits a prohibited device or weapon off school
property, and it reasonably appears that the student intended the device
or weapon to be taken to, or used for injury on District property,
including vehicles or facilities for school-related activities, the
student will be considered to be in violation of this policy if the
conduct is detrimental to or disruptive of the educational process.
Weapons include, but are not limited to, the following:
• Fireworks of any kind;
• Clubs, night sticks, batons, sticks, or items whose use or intentional use may cause harm to another;
• Razors or other sharp cutting devices;
• Metallic knuckles;
• Chains;
• Illegal knives;
• Firearms;
• Explosive devices, items, or things, including ammunition;
• Any other object either used in a way that threatens or functions to inflict bodily injury on another person.
The
possession or use of articles not generally considered weapons may be
prohibited when, in the principal’s judgment, a reasonable danger exists
to the student in possession, other students, school guests, staff, or
school property by virtue of such possession or use.
Disciplinary Consequences
Parent-Teacher Conferences TEC 21.404, 37.002
Each
teacher is assigned one class period per day to be used for parent
conferences as well as planning and preparing for classwork. Parents are
encouraged to call the school for an appointment relative to any phase
of the student’s progress.
A teacher or other school employee
shall conduct a conference with a student’s parent(s) when a student is
removed to a DAEP or when a teacher recommends removal from the class.
When such conference is required, a teacher or other school employee may
also conduct a second conference as a follow-up within the
same school year.
The
teacher or school employee convening a required conference shall
attempt to conduct the conference by personal attendance, but if this
method is impractical, the conference may be conducted by telephone. If
attempts to conduct a required conference by either of these methods are
unsuccessful, the conference may be conducted by correspondence
directed to the parent at the parent’s current address, as reflected on
the school’s records. Teachers or other school employees involved shall
document their efforts to schedule and conduct required parental
conferences.
Teachers or other school employees may request a
conference with a student’s parent(s) whenever there has been a minor
offense or whenever the teacher or employee perceives the need for
parental cooperation in enforcing the Code.
Detention (Level I/II Offense)
For
minor infractions of the Code (Level I or II) or other policies and
regulations, students may be detained after school hours. Before
assigning students to detention, the teacher or principal shall inform
the student of the conduct that allegedly constitutes the violation and
the student shall be given an opportunity to explain his/her version of
the incident.
The student’s parents or guardian, if the student
is a minor, may be required to provide transportation when the student
has been assigned to detention.
Corporal Punishment Board Policy (FO) (Local)
Corporal
punishment is permitted with parent permission in order to preserve an
effective educational environment, free from disruption. Corporal
punishment shall be reasonable and moderate and may not be administered
maliciously or for the purpose of revenge. Such factors as the size,
age, and physical, mental, and emotional condition of the student; the
type of instrument to be used; the amount of force to be used; and the
part of the body to be struck shall be considered before administering
any corporal punishment.
A disciplinary record shall be
maintained and shall contain the name of the student, the type of
misconduct, any previous disciplinary actions, the type of corporal
punishment administered, the names of witnesses present and the date and
time of the punishment. Disciplinary records shall be made available to
parents or the student, whichever is appropriate.
•
Corporal punishment should be used sparingly, cautiously, and with the
best interest of the student in mind because it is seldom the proper way
to handle a discipline case. However, when corporal punishment is to be
administered, the following procedures are to be followed: corporal
punishment will be administered with parent permission and in the
presence of a principal, witnessed by two other adults.
• When administered, respect for the student is foremost, and punishment will be done in a private place.
•
The student must be made aware of why he/she is to receive corporal
punishment and should have the opportunity to say if there is any family
or medical reason why he/she should not receive said punishment.
•
The principal is responsible for determining that the adult who is
administering the corporal punishment, whether it be himself/herself or
another adult, is doing so in a respectful manner and without any
emotional involvement.
In-School Suspension (ISS)
ISS
is a disciplinary consequence in which a student is suspended from
classes yet remains on campus. The student will be assigned to a
specified supervised classroom for the school day and will be separated
from all students not assigned to ISS. Though isolated from the regular
school setting, students assigned to ISS are expected to study and
complete assignments (including quizzes, tests, and projects) during
their time in ISS. Students assigned to ISS are not eligible to attend
or participate in any school activities until the day following the last
day of the assignment.
Out-of-School Suspension
The
principal or other appropriate administrator may suspend (from school) a
student who engages in conduct identified in the Student Code of
Conduct as conduct for which a student may be suspended. An
out-of-school suspension may not exceed three school days. Students
assigned to out-of-school suspension are not eligible to attend or
participate in any school activities until the day following the last
day of the assignment. Out-of-school suspensions may not be appealed.
Disciplinary Alternative Educational Programs (DAEP) TEC 37.008
Each school district shall provide a DAEP that:
• Is provided in a setting other than a student’s regular classroom;
• Is located on or off a regular school campus;
• Provides for the students who are assigned to the DAEP to be separated from students who are not assigned to the program;
• Focuses on English language arts, mathematics, science, history, and self discipline;
• Provides for students’ educational and behavioral needs;
•
Provides supervision and counseling; employs only teachers who meet all
certification requirements established under TEC Chapter 21, Subchapter
B; and
• Provides not less than the minimum amount of instructional time per day required by TEC 25.082(a)
A DAEP placement may provide for a student’s transfer to:
• A different campus (District DAEP, Highpoint);
• A school-community guidance center;
• A community-based alternative school.
An
off-campus DAEP is not subject to a requirement imposed by this title,
other than limitations on liability or a reporting requirement.
Each
school district shall cooperate with government agencies and community
organizations that provide services in the district to students placed
in a DAEP.
A student removed to a DAEP is counted in computing
the average daily attendance of students in the district for the
student’s time in actual attendance in the program.
A school
district shall allocate to a DAEP the same expenditure per student
attending the DAEP, including federal, state, and local funds that would
be allowed to the student’s school if the student were attending the
student’s regularly assigned education program, including a special
education program.
A school district may not place a student,
other than a student suspended as provided under TEC 37.005 or expelled
as provided under TEC 37.007, in an unsupervised setting as a result of
conduct for which a student may be placed in a DAEP.
If a student
placed in a DAEP enrolls in another school district before the
expiration of the period of placement, the board of trustees of the
district requiring the placement shall provide to the district in which
the student enrolls, at the same time other records of the student are
provided, a copy of the placement order. The district in which the
student enrolls may continue the DAEP placement under the terms of the
order.
A program of educational and support services may be
provided to a student and the student’s parents when the offense
involves drugs or alcohol as specified under Section 37.006 or 37.007.
Students assigned to DAEP are not eligible to attend or participate in
any school activities until the day following the last day
of the assignment.
Disciplinary Alternative Educational Program (DAEP) Placement
A
student who has committed a Level III, IV, or V offense as defined in
the Student Code of Conduct shall be considered to have engaged in
serious or persistent misbehavior that threatens to impair the
educational efficiency of the school and shall be placed in in-school
suspension, DAEP, or expelled. Similarly, a student who commits two or
more violations of Level I or II offenses in the Code may be found to
have engaged in persistent or serious misbehavior that threatens to
impair the educational efficiency of the school and may be sent to
District DAEP.
If the principal or designee decides to remove a
student to a DAEP for a period of time that extends beyond 30 days or
the end of the next grading period, whichever is earlier, the student’s
parent/guardian must be provided an opportunity to conference with the
principal or designee within three school days after notice of removal.
The parent/guardian may appeal the principal/designee’s decision to the
Executive Director of Administration. The decision of the Executive
Director of Administration is final and may not be appealed.
Students
are placed in in-school suspension pending resolution of the appeal.
Students in grades 6-11 and non-graduating seniors that have not
completed their assignment when the school year ends will be required to
finish their assignment in the District DAEP summer program. Graduating
seniors that have not completed their assignment when the school year
ends will not be allowed to participate in their school’s graduation
ceremony.
Any student who has been placed in a DAEP from another
school district in Texas or another state will have that placement
continued upon enrollment in AISD until the placement period has been
completed.
If a student placed in a DAEP attempts to enroll in
another district before the DAEP period is concluded, the DAEP placement
order is to be sent to the receiving district at the time other records
are provided. The receiving district may continue the DAEP placement
for the remainder of the term.
Any student assigned to the DAEP
for a period of 90 school days or longer shall be administered an
assessment instrument designed to assess at least a student’s basic
skills in reading and mathematics. The instrument shall be administered
initially on placement of the student in the DAEP, and again on the date
of the student’s departure from the DAEP, or as near that date as
possible.
Emergency Placement or Expulsion TEC 37.019
This
subchapter does not prevent the principal or the principal’s designee
from ordering the immediate placement of a student in the DAEP if the
principal or the principal’s designee reasonably believes the student’s
behavior is so unruly, disruptive, or abusive that it seriously
interferes with a teacher’s ability to
communicate effectively with
the students in a class, with the ability of the student’s classmates to
learn, or with the operation of school or a school sponsored activity.
This
subchapter does not prevent the principal or the principal’s designee
from ordering the immediate expulsion of a student if the principal or
the principal’s designee reasonably believes that action is necessary to
protect persons or property from imminent harm.
At the time of
an emergency placement or expulsion, the student shall be given oral
notice of the reason for the action. Within a reasonable time after the
emergency placement or expulsion, the student shall be accorded the
appropriate due process as required under TEC 37.009. If the student
subject to the
emergency placement or expulsion is a student with
disabilities who receives special education services, the term of the
student’s emergency placement or expulsion is subject to the
requirements of 20 U.S.C. Section 1415(e)(3) and 34 CFR 300.513.
A principal or designee is not liable in civil damages for an emergency placement under this section.
Expulsion (Level V Offense) TEC 37.007
A
student who has violated Level V of the Code may be removed immediately
from school premises and expelled without resort to a DAEP if the
Superintendent or designee determines the student is guilty of a Level V
offense or presents a clear, present, and continuing danger of physical
harm to the teacher
or other individuals.
If the
Superintendent or designee determines that a student, after being placed
in the District’s DAEP, continues to be guilty of unacceptable conduct
to the extent that keeping the student in the program or the school
would seriously impair the ability of the program or the school to
provide effective education to other
students and that no further
reasonable efforts to provide for the continuing education of the
student can be made, the student may be expelled. Students who have been
expelled from school are not eligible to attend or participate in any
school activities until the day following the last day of the
assignment.
Any student who has been expelled from another school
district in Texas or another state will have that expulsion continued
upon enrollment in AISD until the expulsion period has been completed.
If
a student withdraws from the District before the expulsion order is
entered, the principal or Board, as appropriate, may complete the
proceedings and enter the order. If the student later seeks to re-enroll
that year or in a subsequent year, the District may enforce the
expulsion order except for any period of expulsion that
has been served by the student upon enrollment in another district that honored the expulsion order.
Scholastic Penalties TEC 25.087
A
student removed by school officials from regular classes pursuant to
this Plan for any reason other than expulsion will receive an excused
absence and will be expected to complete any coursework assigned within a
time designated by the teacher. No academic penalty will be assessed
based solely on the disciplinary
infraction.
Pending an appeal
of an expulsion to the Board, students will be allowed to remain
current on all coursework. However, if the appeal is denied, the student
will not receive credit for that work. Students who are expelled will
not receive credit for work missed during expulsion.
Pending an
appeal to the Commissioner of Education on placement to a DAEP, the
student may be removed to a DAEP and will be allowed to remain current
on all coursework.
Temporary Removals for Other Reasons TEC 37.009
A
student may be removed from regular classes or District premises for
nondisciplinary reasons when the principal determines there is a
compelling reason for doing so. Reasons which may be considered
compelling include but are not limited to the following:
• Being highly agitated;
•
Suffering from any other condition that temporarily threatens the
student’s welfare, the welfare of others, or the efficient operation of
the school.
Any student who is removed from school for a
reason shown above and is in a condition that threatens his/her own
welfare or the welfare of others shall be released to the parents, the
parents’ representative, or proper authority including, but not limited
to, law enforcement officers and medical personnel.
A student who
is removed from regular classes or school premises pending any hearing
required by law shall be removed for as short a time as is reasonable
under the circumstances.
Before removing a student from school
premises for any of the foregoing reasons, the student shall be informed
of the reason for the removal and have an opportunity to state any
objections to such action.
The District shall make reasonable
efforts to notify the parents prior to removing a student from school
premises. If the parents cannot be notified prior to removal, the
parents shall be notified of the removal and the reason as soon as
possible.
Students who have been temporarily removed from regular
classes or District premises are not eligible to attend or participate
in any school activities until the day following the last day of the
assignment.
Appeals and Hearings
Appeals of Placement to the DAEP
The
decision of the principal in proceedings for removal of a student to a
DAEP may be appealed to the Superintendent or designee, whose decision
is final. A student, parents, guardian, or representative desiring to
appeal a decision of the principal to the Superintendent or designee
shall give written notice of the appeal
to such officials within
three school days after the decision of the principal is communicated to
the parents, guardian, or representative. Failure to give timely notice
of appeal in a reasonable time shall constitute a waiver of the
student’s right to appeal.
During the pendency of an appeal of a
placement in the DAEP, the student may not be denied the privileges of
the home campus unless the home campus principal determines that the
student’s continued presence there presents a continuing danger of
physical harm to the student or other individuals. In the event of such a
determination, the student shall be suspended for a maximum of three
days.
All decisions on appeal shall be made on the basis of the
evidence received at the appellate hearing. Decisions on appeal shall be
announced as soon as possible after the conclusion of the appellate
hearing and shall be communicated in writing to the student’s parents,
guardian, or representative.
During the pendency of such a further appeal in a removal to a DAEP, the student may be removed to a DAEP.
Appeals of Expulsions
The
decision of the Superintendent or designee in proceedings for expulsion
of a student may be appealed to the Board. The parents, guardian, or
representative of a student desiring to appeal to the Board the decision
of the Superintendent or designee in an expulsion proceeding shall give
written notice of appeal to the Superintendent within three school days
after the date the decision which is under appeal is communicated to
parents, guardian, or representative. Failure to give timely notice of
appeal or to prosecute such appeal in a reasonable time shall constitute
a waiver of the student’s right to appeal.
Any notice of appeal
shall contain the student’s name, the date of issuance of the decision
under appeal, the name of the official whose decision is under appeal,
the aspects of the decision which the student wishes to appeal, and the
grounds for such appeal. Promptly following receipt of timely notice of
appeal, the Superintendent or designee, as the case may be, shall notify
the student’s parents, guardian, or representative, usually in writing,
of the date, time, and place at which the appeal will be heard.
During
the pendency of an appeal in an expulsion proceeding, a student will be
denied the privileges of the home campus unless the Superintendent or
designee determines otherwise. However, the student will not be charged
with unexcused absences during the pendency of the appeal and will be
allowed to remain current
on all coursework, provided, however, in
the case of expulsion, that if the appeal is denied, credit will not be
given for any coursework performed during pendency of the appeal unless
the decision on appeal provides that such credit shall be given.
Appellate
hearings shall be limited to the matters and issues set forth in the
student’s notice of appeal and shall generally be conducted on the basis
of the testimony given and evidence introduced during the initial
hearing, unless the District official or appellate body determines that
it is the interest of the educational process to permit introduction of
new or additional matters during the appeal. The student shall be
entitled to representation in any appeal by an adult of the student’s or
parent’s choice. Appellate hearings before the Board will be heard
before a quorum of the Board members.
All decisions on appeal shall be made on the basis of the evidence received at the appellate hearing.
Decisions
on appeal shall be announced as soon as possible after the conclusion
of the appellate hearing and shall be communicated in writing to the
student’s parents, guardian, or representative. Decisions on appeals
from expulsion hearings shall be in writing. The decision of a majority
of the Board members
hearing an appeal shall Constitute the decision of the Board in an appeal.
A
decision of the Board on appeal shall become final unless the student
is entitled to timely appeal under applicable federal or state law.
A
student who appeals a decision of the Board shall give the Board notice
of such appeal by delivering a copy of the document by which such
appeal is perfected to the Superintendent. During the pendency of such a
further appeal in an expulsion proceeding, the student shall be
expelled pending further appeals and no
educational services shall be provided.
Conference/Hearing/Review TEC 37.009
Not
later than the third class day after the day on which a student is
removed from class under Section 37.002(b) or (d), the school principal
shall schedule a conference among the principal or the principal’s
designee, parents or guardian of the student, the teacher removing the
student from class, and the student.
The student may not be returned to the regular classroom pending the conference.
Following
the conference, and whether or not each requested person is in
attendance after valid attempts to require the person’s attendance, the
principal shall order the placement of the student as provided by
Section 37.002 for a period consistent with the Student Code of Conduct.
If
a student’s placement in a DAEP is to extend beyond the end of the
semester, a student’s parents or guardian are entitled to notice of and
an opportunity to participate in a proceeding before the Board’s
designee, as provided by District Board policy. Any decision of the
Board’s designee under this subsection is final and may not be appealed.
Before
it may place a student in a DAEP for a period that extends beyond the
end of the school year, the Board’s designee must determine that:
•
The student’s presence in the regular classroom program presents a
danger of physical harm to the student or to another individual;
• The student has engaged in serious or persistent misbehavior that violates the District’s Student Code of Conduct.
The Board’s designee (principal) shall set a term for a student’s placement in a DAEP under Section 37.002 or 37.006.
A
student placed in a DAEP under Section 37.002 or 37.006 shall be
provided a review of the student’s status by the Board’s designee at
intervals not to exceed 120 days. At the review, the student or the
student’s parents or guardian must be given the opportunity to present
arguments for the student’s return to the regular
classroom or
campus. The student may not be returned to the classroom of the teacher
who removed the student without that teacher’s consent. The teacher may
not be coerced to consent.
Before a student may be expelled under
Section 37.007, the Board or the Board’s designee must provide the
student a hearing at which the student is afforded appropriate due
process as required by the federal Constitution and which the student’s
parents or guardian is invited, in writing, to attend. At the hearing,
the
student must be represented by the student’s parents or guardian
or another adult who can provide guidance to the student and who is not
an employee of the District. If the decision to expel a student is made
by the Board’s designee, the decision may be appealed to the Board. The
decision of the Board may be
appealed by trial de novo to a district
court of the county in which the school district’s central
administrative office is located.
The Board or the Board’s
designee shall deliver to the student and the student’s parents or
guardian a copy of the order placing the student in a DAEP under Section
37.002 or 37.006 or expelling the student under Section 37.007.
After
the District notifies the parents or guardian that the student has been
expelled, the parents or guardian shall provide adequate supervision of
the student during the period of expulsion.
Miscellaneous Provisions
Audio-Visual Taping and Video Surveillance
TEC
26.009 allows school personnel to utilize video/audio taping to record
activities related to instruction, curricular or extracurricular
activities, or safety purposes. Video/audio tapes that are created and
maintained by anyone at the District other than the AISD Police
Department or a AISD Police Department employee will not be used for any
other purpose other than those listed above without signed parental
consent (or consent of the student if the student is age 18 or older).
Video
surveillance equipment that monitors District common areas and buses is
maintained by the AISD Police Department. All video surveillance
recordings are created by the AISD Police Department for the purpose of
law enforcement and safety, and are maintained by the AISD Police
Department. Video surveillance recordings created and maintained by the
AISD Police Department may also be used by District officials to view
certain recorded events and to determine appropriate action to take in
response to such events.
AISD Police Department
The
mission of the AISD Police Department is to maintain social order at all
AISD facilities and properties within carefully prescribed policy and
ethical, statutory, and constitutional restrictions. The District police
officers are licensed state peace officers who are vested with all the
powers, privileges, and immunities of peace officers while the officers
are performing their duties as defined by Board policies.
The
AISD Police Department operates 24 hours a day, seven days a week. They
are located at 708 East College and can be reached by telephone by
calling
903-286-1059.
Interrogations and Searches
School
officials may search a student or a student’s property when there are
reasonable grounds for suspecting that the search will discover evidence
that the student has violated or is violating either the law or the
Code. Vehicles are also subject to search.
Areas such as lockers,
which are owned and jointly controlled by the District, may also be
searched. Students shall not place, keep, or maintain any article or
material in school-owned lockers that is forbidden by District policy or
that would lead school officials to a reasonable belief that it would
cause a substantial disruption on school property or at a
school-sponsored function.
The nature of any search should be
reasonably related to the objective of the search and not excessively
intrusive in light of the age and sex of the student and the nature of
the suspected infraction. Except in extraordinary circumstances, an
adult witness should be present.
Searches may be conducted on any campus by the Drug Dog Detection Team or by AISD Police
Department. The search pattern may include, but not be limited to, classrooms, lockers, vehicles, gyms, and locker rooms.
Questioning of Students
For
questioning of a student in school by governmental officials (other
than an AISD employee), the following guidelines shall apply:
•
Before the principal permits the questioning of a student by a
governmental official, the official must state the necessity of
questioning the student while in school. The questioning official’s name
and title shall be obtained and recorded by the principal;
• The principal shall make reasonable efforts to contact the student’sparents when permitted by the governmental official.
Arrested Students
If
a District student at school is subject to arrest or apprehension by a
law enforcement officer other than an AISD Police Department officer,
the principal shall request the following information:
• Name, badge number, or official identification of the official;
• Statement of probable cause to take the student into custody;
• Case number.
The principal shall immediately use his or her best efforts to notify the parents and the Superintendent or designee.
Physical Restraint
Any
District employee may, within the scope of the employee’s duties, use
and apply physical restraint to a student when the employee reasonably
believes restraint is necessary to:
• Protect a person, including the person using physical restraint, from
physical injury;
• Obtain possession of a weapon or other dangerous object;
• Protect property from serious damage;
• Remove from a specific location, including from a classroom or other
school property, a student refusing a lawful command of a school
employee;
• Restrain an irrational student;
• Follow specific procedures outlined in a behavior management plan for
an identified disabled student.
Appendix
Rights and Responsibilities
Rights and Responsibilities of Students
Educational Atmosphere
•
Students have the right to a well-balanced, appropriate educational
program at all levels in elementary, middle, and senior high schools.
•
Students have the responsibility to strive for academic growth by
participating to the utmost of their abilities including being prepared
for each class with appropriate materials and assignments.
• Students have the right to study under qualified instructors in an atmosphere free from bias, prejudice, and disruption.
•
Students have the responsibility to contribute to the development of a
positive climate, maintaining such an atmosphere by exhibiting respect
toward others, conducting themselves in a responsible manner, being
properly attired and groomed, and refraining from violations of the Code
and Plan.
• Students have the right to appropriate counseling for educational problems.
• Students have the responsibility to seek counseling for educational problems.
Reporting of Progress
• Students have the right to receive an academic grade that reflects their academic achievement.
• Students have the responsibility to maintain reasonable standards of academic performance commensurate with their abilities.
•
Students have the right to be notified of unsatisfactory progress
midway through each grading period while sufficient time remains to take
corrective action.
• Students have the responsibility to make every
effort to improve their performance upon receipt of the notification of
unsatisfactory progress.
• Students have the right to receive conduct grades consistent with their behavior.
•
Students have the responsibility to conduct themselves in each class in
ways that contribute to the learning environment, including obeying all
classroom and school rules.
Attendance
•
Students have the right to information on policies and rules that
define excused absences, unexcused absences, and tardiness to school or
class.
• Students have the responsibility to take advantage of their
educational opportunities by attending all classes daily and on time.
•
Students have the right to appeal a decision pertaining to an absence
and shall not be penalized in any way for excused absences.
•
Students have the responsibility to provide school officials with an
adequate explanation with appropriate documentation indicating the
reason for an absence.
• Students have the right to make up classwork within a specified length of time in case of all absences except truancy.
•
Students have the responsibility to request the makeup assignments from
their teachers upon their return to school and to complete this work
within a specified length of time.
Information and Privacy of Records
•
Students have the right to be protected by legal provisions which
prohibit the release of personal identifiable information to other than
legally authorized persons without the consent of the parents/guardian
or eligible student (over eighteen years of age). (Texas Open Records
Law and Federal Privacy Act of 1974)
• Students, with such parental
consent as may be required, have the responsibility to complete and
deliver a release of information to third parties, including release of
student directory information.
• Students have the right to inspect,
review, and challenge the information contained in those records
directly relating to the student.
• Students have the responsibility
for providing the school any information that may be useful in
appropriate educational or emergency decisions including current
address/telephone information.
First Amendment Rights
• Students have the right to beliefs of their own established religion.
• Students have the responsibility to respect the religious beliefs of others.
• Students have the right to express themselves and their points of view.
•
Students have the responsibility to exercise their freedom of
expression in a manner respecting the rights of others—including the
right of others to disagree—avoiding interference with the orderly
process of education in their school or the District and understanding
that they are accountable and subject to discipline for expressions
which are obscene, libelous or
slanderous, or otherwise inconsistent with the norms of conduct set forth in the Code.
•
Students have the right to assemble peacefully under the direction of a
faculty advisor on school grounds or in school buildings in a manner
which does not disrupt or interfere with the educational process or
restrict the passage of persons on the school premises.
• Students
have the responsibility to plan for, to seek approval of, and to conduct
those activities which are consistent with the educational objectives
of the school.
• Students have the right to seek membership in clubs,
groups, and activities which have authorized sponsors and whose purpose
conforms to those of the school.
• Students have the responsibility to demonstrate appropriate conduct during the school day and at school activities.
Student Government
•
Students have the right, under the direction of a faculty advisor, to
form and operate a student government within their respective schools.
•
Student government officers and representatives have the responsibility
to be alert to the needs of the school and the concerns of the student
body and to work toward responding to those needs and concerns to the
best of their abilities.
• Students have the right to seek office in
student government or any organization under the rules and procedures of
that organization, regardless of race, ethnic origin, disabling
condition, sex, color, creed, or political beliefs.
• Students have
the responsibility to conduct election campaigns in a positive, mature
manner with all due respect for opponents and with due regard to their
general responsibilities concerning exercise of First Amendment rights.
Search and Seizure
•
Students have the right to privacy of their person and their personal
possessions unless the principal or other school official has reasonable
grounds for suspecting that the student is concealing material
dangerous to the student body or prohibited by law or the policies and
administrative procedures of the District.
• Students have the
responsibility not to carry or conceal any such material that is
prohibited by law, Board policies, or which would distract from the
educational process. Students are responsible for the content of their
lockers. Lockers remain the property of the school. Students should not
expect lockers to be private, as they are subject to search at any time
if reasonable grounds exist for suspecting that they contain any
prohibited substance or property belonging to another. Lockers are to be
kept locked. Students who permit others to use or share their lockers
should bear in mind that they remain responsible for the contents of
their lockers.
Discipline
•
Students have the right—with regard to disciplinary matters—to
reasonable, fair, and patient treatment which does not violate their
legal rights.
• Students have the responsibility to behave in a
manner which does not disrupt or interfere with the educational process
and to become familiar with the policies and procedures outlined in the
Student/Parent Handbook, including established appeal procedures.
•
Students have the right to be informed of any charges against them and
to be afforded the opportunity to explain their actions prior to any
decision imposing discipline.
• Students have the responsibility to
be honest in responding to the charges against them and to cooperate
with staff in investigation of disciplinary cases, including
volunteering information when the student has knowledge relating to a
serious offense.
Citizenship
•
Students have the right to enjoy the basic rights of citizenship which
are recognized and protected by the laws of this country and state for
persons of their age and maturity, as well as the right to the respect
of classmates, teachers, and other school personnel.
• Students have
the responsibility to respect the rights and property of classmates,
teachers, other school personnel, and the District.
• Students should have the right of access to textbooks, library books, technology, and materials to support the curriculum.
•
Students have the responsibility for the care and return of textbooks,
library books, technology, and materials and may be charged for
replacement or damage of these books and/or materials.
Rights and Responsibilities of Parents
A
cooperative relationship among parents, teachers, and principals is an
essential ingredient in the success in any school. Parents have certain
rights and responsibilities based on the common good as well as on legal
precedent.
Throughout the Plan, “parents” include a single
parent, legal guardian, or person having lawful guardianship, or person
having lawful control of the student.
Texas Education Code
Chapter 26 spells out the rights of parents and are included below. The
TEC is maintained on the web by Texas Legislature ONLINE at
www.capitol.state.tx.us/.
• Purpose Section 26.001;
• Definition Section 26.002;
• Rights concerning academic programs Section 26.003 (see page one,
schedule changes);
• Access to students’ records Section 26.004;
• Access to state assessments Section 26.005;
• Access to teaching materials Section 26.006;
• Access to Board meetings Section 26.007;
• Right to all information concerning student Section 26.008;
• Consent required for certain activities Section 26.009;
•
Exemption from instruction Section 26.010 (temporarily from class or
other school activity that conflicts with religious or moral belief);
• Complaints Section 26.011 (grievance procedure);
• Expect a safe learning environment for the student;
• Expect respect for themselves and the student;
• Expect qualified teachers implementing organized instruction;
• Receive notification of student progress at regular intervals;
• Receive notification of each serious or recurring discipline problem;
• Receive notification of student’s learning problem;
• Receive assistance in helping their student achieve his/her optimal potential;
•
Expect a comprehensive, challenging, well balanced, flexible
curriculum, which includes the Texas Essential Knowledge and Skills;
• Expect fair and consistent discipline of the student;
• Right to request a transfer if your student becomes a victim of a violent
criminal offense while in or on the grounds of the school your student
attends. [see FDD Legal & Local]
Parents/guardians have the responsibility to:
• Establish and maintain in the home a positive attitude toward education with appropriate expectations of student achievement;
• Make every effort to provide for the physical needs of the student;
•
Ensure compliance with school attendance requirements and promptly
report and explain absences and tardiness of which they have knowledge;
•
Encourage and lead the student to develop proper study habits at home
and provide an area in the home conducive to the student’s reading and
studying;
• Communicate regularly with the school concerning the
student’s conduct and progress, bringing to the attention of school
authorities any learning problem or condition of which they have
knowledge which could relate to their student’s education;
• Schedule
and participate in a parent-teacher conference to discuss the student’s
school progress and welfare as needed, but certainly when the student
receives a failing grade in any academic subject or an unsatisfactory
conduct grade;
• Discuss report cards and school assignments with the student;
• Ensure the student’s attendance at school tutorials as required or as need arises;
• Maintain up-to-date home, work, and emergency telephone numbers and other pertinent information at the school;
• Keep themselves informed of school policies and academic requirements of school programs;
• Teach their student to pay attention and obey rules;
•
Be legally liable for property damage caused by (a) the negligent
conduct of the student if such conduct is reasonably attributable to the
negligent failure of the parents to exercise that responsibility, or
(b) the willful or malicious conduct of their student;
• Participate
in school-related organizations and activities including the parent
training workshops for home reinforcement of study skills and specific
curriculum objectives;
• Ensure that the student is attired in
accordance with District and campus dress code at school and
school-sponsored activities;
• Follow the procedures outlined in the
Student/Parent Handbook for authorizing the dispensing of prescription
and/or nonprescription drugs to students at school;
• Complete and
deliver a release of information form if they do not wish to authorize
the release of personal information to third parties, including release
of student directory information;
• Report to the school office and follow all check in procedures before proceeding to any other area of the school;
• Cooperate with principal(s), teachers, and staff;
•
Become familiar with the Code and school rules set forth in the
Student/Parent Handbook, as confirmed by their submission at the
beginning of each school year by signing a statement that they have
reviewed and understand the Student/Parent Handbook, and have become
familiar with classroom discipline plans communicated by the student’s
teachers.
Rights and Responsibilities of Teachers
The
classroom teacher is the key figure in organizing, facilitating, and
expediting the process of learning. The teacher makes instructional
decisions which should increase the probability of student learning.
This
role carries with it certain rights and responsibilities in
order to provide effective instruction. Throughout the Plan, “teacher”
includes all certified instructional personnel and support staff.
Teachers have the right to:
• Teach in an environment conducive to effective instruction;
• Expect instructional resources to support the curriculum;
•
Select methods to teach those elements of the curriculum area they are
assigned in ways that effectively meet the intellectual, emotional, and
social needs of the students;
• Expect support from the principal in
maintaining positive learning environment and in helping students
achieve the instructional goals of the classroom;
• Be notified by parents of any concerns or conditions that may affect the learning of the student;
• Expect the respect of parents and students;
• Expect students’ cooperation, attentiveness in class, and completion of assigned academic work;
•
Be notified by parents of any concerns or complaints that they may have
concerning classroom conditions, rules, or instructions;
• Receive fair and unbiased evaluations by certified appraisers;
• Direct student activities in order to maintain an environment conducive to effective instruction;
• Develop, implement, and maintain an effective classroom management plan;
• Be assured of all legal rights recognized by state and federal statutes.
Teachers have the responsibility to:
• Prepare and implement daily lesson plans with objectives appropriate to an effective instructional program for all students;
• Exhibit an attitude of respect, free from bias or prejudice, for all students and parents;
•
Teach the curriculum required by the District and the State to meet or
exceed the standards of performance required by the District;
• Refine and update content and materials for the assigned subject area/grade;
• Keep abreast of current research in the learning process and characteristics of learners;
•
Be prepared daily to perform instructional duties effectively
demonstrating appropriate preparation, assignments, and resource
materials;
• Develop and implement a consistent and effective
classroom discipline plan in compliance with District procedures,
policies, and the Plan, and to inform principals, students, and parents
of the content of that classroom plan. The discipline management plan
for the classroom should be built on the following principles:
• The dignity of the student should be preserved in the process;
• A positive classroom climate which promotes academic/personal growth is based on mutual respect and trust;
• Misbehavior should be addressed immediately, consistently, and fairly;
• Private correction is preferable to public correction;
• Responses to misbehavior should be immediate, but should not unduly disrupt instruction;
•
Disciplinary methods should promote a consistent, positive learning
climate, including rules, consequences, and procedures for positive
reinforcement;
• Each teacher will develop a range of alternatives,
including contact with the parents, that he/she will use when responding
to misbehavior (see AISD Discipline Referral Sheet).
• Contact
parents regarding any learning or discipline problems concerning the
student and encourage parent communication with the school, including
participation in parent-teacher conferences;
• Notify parents of the student’s progress and any significant changes in achievement and/or behavior;
• Keep the principal informed of any recurring or serious discipline problems in the classroom or on the campus;
•
Assist in implementation of the plan on the campus, including
initiating appropriate disciplinary procedures with students who are on
campus and appear to be violating the Code or campus rules;
•
Maintain confidentiality and professionalism when dealing with student
records and sensitive communications concerning the welfare of the
student;
• Serve as an appropriate role model for students in accordance with the standards of the teaching profession;
• Develop procedures to provide positive reinforcement for appropriate student behavior;
• Encourage good work habits and student self-discipline that will lead to the accomplishment of personal goals;
• Relate to and respect students;
• Contribute to appropriate and consistent discipline of students by being punctual and having regular attendance.
Rights and Responsibilities of the Principal
The
competent performance of the principal is essential in creating an
environment where teachers can instruct effectively and students can
learn. Throughout the Plan, “principal” includes all administrative
personnel assigned to a campus. The principal has the following rights
and responsibilities.
The principal has the right to:
•
Expect student, parent, and staff commitment to effective instruction
for all students and to an educational environment conducive to the
pursuit of that goal;
• Establish campus rules and procedures in order to create an environment conducive to effective instruction and learning;
•
Require teachers to develop and implement effective classroom
discipline management systems which are consistent with the
District/campus plan including actions to handle minor
disciplinary infractions and parental contact and involvement;
• Expect parental involvement and support of school efforts to maintain a safe, effective learning environment;
• Expect assistance from the District Administration when dealing with problems at the campus level;
•
Expect students to participate to the best of their abilities in the
instructional program and contribute to a positive educational
environment.
The principal has the responsibility to:
• Respond to discipline problems referred to the principal by teachers;
•
Promote effective instruction and discipline of all students including
appropriate assistance to students in learning mature self-discipline
and positive suggestions for improvement of
student behavior;
•
Ensure that each teacher has a classroom management plan that is
proactive and provides fair and impartial treatment of all students;
• Serve as an appropriate role model for the students on the campus in accordance with standards of the profession;
• Provide effective instructional leadership;
• Administer and provide leadership for discipline management and for the evaluation of the Plan and Code;
•
Encourage parent communication with the school, including participation
in parent-teacher conferences to discuss student progress, or lack
thereof, and student conduct or misconduct;
• Endeavor to protect the rights of students, teachers, and parents;
• Establish policies and procedures that provide positive reinforcement to students whose behavior is appropriate;
• Develop and maintain a plan to provide for the safety and welfare of students, teachers, and staff;
•
Develop policies and procedures to ensure that parents are notified of
their student’s progress and any significant changes in his/her
achievement and/or behavior;
• Work diligently to establish and
maintain a positive school climate which provides frequent, realistic
opportunities for students, staff, and parents to participate in the
identification and resolution of school-related concerns;
• Promote a cooperative working relationship among students, parents, and staff;
• Adhere to the procedures set forth in the Plan, Code, and campus/District policies;
• Work diligently to ensure an effective instructional program for all students;
•
Develop and implement a campus system for discipline record keeping and
reporting procedures in compliance with the Plan, Code, and District
policy.
Responsibilities of the District Administration
Throughout
the Plan and Code, “District Administration” includes all
administrative personnel and support staff whose duties include
responsibility for District-wide programs.
The District Administration has the responsibility to:
•
Provide comprehensive, challenging, flexible curriculum and activities
directed toward meeting the needs of all students and providing the
resources necessary to implement those plans;
• Implement Board
policies, rules, and regulations which facilitate the establishment and
maintenance of an atmosphere conducive to effective, efficient quality
instruction;
• Establish and maintain a positive organizational
climate at the District level which provides frequent realistic
opportunities for personnel, students, and parents to participate in the
identification and resolution of District-related concerns;
• Provide training in effective, efficient instructional principles and strategies for principals and teachers.
The Board has the responsibility to:
•
Provide the necessary high quality leadership personnel, equipment, and
materials to assure effective instruction and optimal educational
opportunities for every student;
• Enact policies, rules, and
regulations which will facilitate the establishment and maintenance of
an atmosphere conducive to effective and efficient quality instruction; •
Monitor and verify that the Administration is effectively implementing
and administering Board policy, rules, and regulations;
• Establish and maintain a positive educational climate that promotes effective and efficient quality instruction;
• Be accountable to the patrons of the District for its actions.
Plan de Gesti_n de Disciplina Estudiantil - espanol.pdf