STUDENT DISCIPLINE

TEC CHAPTER 37

CODE OF STUDENT CONDUCTSTUDENT SUPPORT SERVICES

713-556-7140

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HISD AGENDA•TEC CHAPTER 37•CODE OF STUDENT CONDUCT•DAEP/JJAEP ON-LINE APPLICATION•SPECIAL EDUCATION•Secondary/Elementary DAEPs•QUESTIONS/CONCERNS

STUDENT DISCIPLINE

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HISD • Tinker v. Des Moines—students acquire 1st Amendment rights in school—1969. (speech)

• Goss v. Lopez—students acquire the right to due process, 14th Amendment rights in school—1975.

• New Jersey v. T.L.O.—students acquire 4th Amendment rights in school—1985. (unreasonable searches)

The notion that educators can be trusted to do theright thing slowly erodes. Law is needed when trust

erodes. (WALSH ANDERSON 2014)

COURTS ENTER SCHOOLHOUSE

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HISD • “Incorrigible” students could be expelled from school. • There were no standards for what “incorrigible”

meant.

• In 1995: Texas adopts Chapter 37 to make student discipline more consistent across the state.

(WALSH ANDERSON 2014)

HERE IN TEXAS

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HISD TEC CHAPTER 37 is the driving force behind all campus-based disciplinary decisions and it is the framework on which the HISD Code of Student Conduct is based. http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.37.htm

EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE G. SAFE SCHOOLS CHAPTER 37. DISCIPLINE; LAW AND ORDER

TEC Chapter 37

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HISD1. Students have a right to an education, even if

they misbehave at school.

2. Parents/Students have a right to know the why & the what & the consequences of their mis-behavior(s) and they have a right TO APPEAL.

3. Students have a legally protected right to DUE PROCESS.

4. THE sending school is accountable for the student even after removal – CAMPUS OF ACCOUNTABILITY.

Chapter 37: Four Things to Remember

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HISD CHAPTER 37 IS ABOUT EDUCATION AND SCHOOL SAFETY – NOT ABOUT CRIME AND PUNISHMENT.

*Any removal (i.e. suspension) from the regular educational setting has a negative impact on the student removed especially if there is no follow-up that includes positive reinforcements:• At-risk for future academic/social failure• At-risk of disengagement • At-risk of dropping out of school• At-risk of future involvement with the judicial

system*Breaking Schools’ Rules: A Statewide Study of How School Discipline Relates

to Students’ Success and Juvenile Justice Involvement – July 2011 - Council of State Governments Justice Center

Chapter 37 – NOTE

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HISD Unfortunately Chapter 37 also created a zero tolerance mentality across the state:

•This became the buzzword in student discipline matters until the “senselessness” of it became apparent.•Zero tolerance was for the most part not compatible with special education laws. So it was more of a slogan than a reality.•Zero tolerance induced some administrators to make decisions that were somewhat absurd.

(WALSH, 2014)

ZERO TOLERANCE

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HISD • T.E.C. 37.001(a)(4) now REQUIRES the exercise of discretion with regard to every decision regarding suspension, DAEP, expulsion to JJAEP.

• This is so, “regardless of whether the decision concerns a mandatory or discretionary action.”

• So, it is incorrect to say that Texas has a “zero tolerance” policy.

IT IS THE LAW!

TEXAS ABANDONS ZERO TOLERANCE (2011)

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HISD T.E.C. 37.001(a)(4):

Before recommending removal of a student the following factors must be given due consideration:A) Self-defense;B) Intent or lack of intent at the time the student engaged in the conductC) A student's disciplinary history; orD) A disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct.

STOP – Before Decision is Made

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HISD School administrator can choose to follow the requirements of the Code and remove off campus or can choose not to remove off campus and only take on-campus disciplinary actions or no action at all.

PEIMS ACTION CODE 28: Mandatory disciplinary action NOT taken because Code allows self defense, lack of intent, student’s disciplinary history, or disability to factor in decision. –

Offense and all other actions taken must be posted on Chancery.

YOU HAVE A CHOICE!

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HISD • The date of this decision should be in close proximity to the date of the offense.

• The use of ACTION code 28 is student-focused! And should not be used because the staff failed to follow through with a referral or were negligent in following proper procedures.

• The use of ACTION code 28 must be well documented and must relate to one or more of the factors listed.

PEIMS ACTION CODE 27 vs 28.

PEIMS Action/Consequence Code 28

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HISD

•Do not focus on the misbehavior in isolation…

•Look at the whole student, the whole situation…

•Make an informed decision…

•CONSIDER ALL ALTERNATIVES…

Establish clear behavior goals and expectations for students & staff. (MTSS-FRAMEWORK)

•Keep students in school!

Implications of The Law

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HISD

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www.mbaea.org/documents

MUTI-TIERED SYSTEMS OF SUPPORT

SUPPORTS , EXPECTATIONS

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HISD Most of the legal issues in student discipline arisefrom “exclusionary discipline”—any action thatdeprives the student of educational services. (Walsh, 2014)

HISD’S goal is to provide a quality education for all HISD students.

“Discipline” means to train (someone) to obey rules or a code of behavior - synonyms: train, drill, teach, school, coach

Appropriate behavior is an acquired SKILL…. (MULTITIERED SUPPORTS & INTERVENTIONS – PROGRESSIVE CONSEQUENCES)

WHERE THE LEGAL ISSUES COME FROM

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HISD If student does not know how to do math, we teach progressively. (addition, subtraction, multiplication, … algebra, calculus, trig….)

If student does not know how to read, we teach progressively. (vocabulary, word recognition, sentence structure, paragraphs, analysis…)

If student does not know how to behave, we punish…..

(MTSS/PBIS)

Change the Paradigm Change the Paradigm

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HISD Reasons Student Commonly Misbehave:•Student(s) don’t know expectations•Student(s) don’t know how to exhibit expected behavior (a skills deficit) •Student is unaware he/she is engaged in the misbehavior•Misbehavior is providing student with desired outcome: (it works for the student)

• Obtaining attention from adults/peers• Escape from difficult task or non-desired activity

(Teaching Function of Behavior to All StaffA School-wide Intervention - Chris Borgmeier, PhDPortland State University)

Function of BehaviorFunction of Behavior

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HISD APPROVED BY SCHOOL BOARDAPPROVED BY SCHOOL BOARD•Establishes standards for conduct•Specifies circumstances, under which a student may be removed or must be removed* to a DAEP or expelled to a JJAEP•Protects the rights of students to DUE PROCESS•Provided upon enrollment•Parent/Student must sign, date and return the acknowledgement page of the CODE.•(NOT INTENDED TO BE YOUR CAMPUS DISCIPINE MANGAGEMENT PLAN..)

Code of Student ConductCode of Student Conduct

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HISD

REMINDERS

• The Code is but one tool for behavior management.

• BULLYING provisions and procedures for investigation of alleged bullying incidents to provide consistency between HISD Board Policy, state law and the Code of Student Conduct

• Sec. 37.002. REMOVAL BY TEACHER.• Sec. 37.0022. REMOVAL BY SCHOOL BUS DRIVER

• Found on-line > HISD PUBLIC PORTAL > DEPARTMENTS > STUDENT DISCIPLINE

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HISD1. Have procedures in place2. VERBAL ABUSE vs BULLYING3. Prevention begins with School Climate 4. On-line training5. Only for DOCUMENTED CASES OF BULLYING

that result in out of school suspension, in-school suspension, and/or DAEP placement = 1 incident number & 2 event/reason codes: PEIMS 21 and Local BB.

RESOURCE: http://stopbullying.gov/

BULLYING

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HISD (a) 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 .

(b) A teacher may remove from class a student:(1) 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; or

(2) whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes 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.

Sec. 37.002. REMOVAL BY TEACHER.

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HISD(c) If a teacher removes a student from class under Subsection (b), the principal may place the student into another appropriate classroom, into in-school suspension, or into a disciplinary alternative education program. 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.

Sec. 37.002. REMOVAL BY TEACHER.

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HISDSec. 37.003. PLACEMENT REVIEW COMMITTEE. (a) 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. Members shall be appointed as follows:(1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and(2) the principal shall choose one member from the professional staff of a campus.(b) The teacher refusing to readmit the student may not serve on the committee.(c) …regarding a student with a disability who receives special education services….

(Contact the HISD Legal office…)

Section 37.003

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HISDSec. 37.0022. REMOVAL BY SCHOOL BUS DRIVER. (a) The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the principal's office to maintain effective discipline on the school bus. The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct .

Section 37.0022

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HISD PROCEDURES:Provide the student with due process.

Decisions to assign a student to a DAEP shall not be made until a formal conference has been scheduled and held with the parent. (CONFERENCE VS. NOTIFICATION)

The conference should be scheduled within three (3) days from the date of the offense and should be held within seven (7) days from the date of the offense.

Letter to parent within 3 days after the conference is held.

REMOVAL To A DAEP

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HISD LETTER to the parent must state:• the specific charge/offense/ misbehavior, • the disciplinary action to be taken, • the length of placement, • secondary schools – continuation of

courses

Date of ConferenceAPPEALS process

Must be in the language of the parent whenever possible…

Requirements of Removal

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HISD Requires HEARING - should be scheduled within three (3) days from the date of the offense and should be held within seven (7) days from the date of the offense.

Letter scheduling hearing

OR signed waiver to HEARING & APPEALS

LETTER OF EXPULSION (stating offense, date of hearing, length of expulsion…)

Expulsion to The JJAEP

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HISD Identify student behavior and action to be taken – ONE INCIDENT NUMBER (several students/several actions)

Description Details: who, what, when, where•be precise•be accurate •BEHAVIOR LOCATION CODE

Post case #’s in appropriate place – ADDITIONAL INCIDENT DETAILS

Discipline Record - Chancery

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HISD

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HISD

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HISD

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HISD

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HISD •Assault – what kind, against whom (PEIMS Reason Code 27/28) – actual charge.•Drugs – misdemeanor/felony – enhancement – 300 feet. (Codes 04, 36)•Knife – what kind? Intent? (Codes 50, 12)•Gun – Gun Free Act Report (Codes 11)•Dangerous Campus Codes - TEA•Enhancements•Victim of Violent Crimes•Continuations…(different action codes)

IT’S IN THE DETAILS…

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HISD REQUIRED* In/Out of school Suspension DISCRETIONARY DAEP Placement

Most are Reason/EventPEIMS Code 21

(exceptions fighting 41,possession of knife 50,smoking 33, MCM 22, Bullying BB)

Code – Level III

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HISD •The majority of disciplinary actions involve general Code of Student Conduct violations resulting In School Suspension (ISS-06) and Out of School Suspension (OSS-05)

•Part of a day is considered a whole day for ISS and OSS.

•ISS is limited to five (5) days unless waiting for DAEP or JJAEP placement

•OSS maximum is 3 days (state law)

PEIMS Reason/Event Code 21

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HISDA student shall* be removed and referred to a DAEP for any conduct listed under Level IV of the Code.

*Determining factors HB 171 *documentation from a law enforcement agency is required for many Level 4 offenses.

Level IV: REQUIRED* Removal To A DAEP

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HISD

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HISD NO POLICE REPORT NEEDED◦Possession of ammunition or bullets (repeated)◦Possession of a BB gun, pellet gun, or air rifle◦Possession of a stun gun ·◦Possession of a replica of a gun -◦Use of computers to tamper with HISD records -◦HISD-related computer hacking -

Criminal activity: (police involvement)•Burglary of an HISD facility –(criminal)•Defacing of school property with graffiti (<$20,000) •Gang participation (criminal)•Possession of drug paraphernalia –(criminal)

(PEIMS 02 – conduct punishable as felony)

LV 4: PEIMS REASON/EVENT CODE 21

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HISD • AGAIN, consider the student, situation, factors…

• GUIDELINES FOR SECONDARY DAEP (ON-LINE)

• ELEMENTARY DAEP 15 DAYS

• End with semester?

• Natural transitional point!

• One size does not fit all…

Length of Placement

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HISD TRUANCY will be dealt with not through referral to a DAEP, but by referral to the courts for enforcement of compulsory attendance laws –

Again, first look at the whole child and circumstances.

Referral to student Caseworkers – Office ofStudent Engagement

TRUANCY

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HISD

Truancy

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HISD

The DAEP/JJAEP ONLINE REFERRAL APPLICATION

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HISD

CONTINUATION

• Enroll student

• Obtain all paperwork from previous school district

• If appropriate, honor the continuation – submit referral (DAEP continuation: PEIMS Code 08 – COAE; JJAEP continuation PEIMS Code 15 – COEO

• < than 30 days will not be honored

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HISD

What about Special Education Students?

• Discipline of Students Receiving Special Education Services

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HISD

SPECIAL EDA student with disabilities is one who has been

determined by an Admission, Review, and Dismissal/Individual Education Plan (ARD/IEP) Committee as having a non-categorical early-childhood condition, intellectual disability, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), serious emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, or specific learning disabilities, and who, because of those impairments, needs Special Education and related services.

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HISD

MDR/ARD

• If personnel seek to discipline in a manner that will remove a student from his or her current placement for more than 10 days, the school shall convene an ARD/IEP Committee to conduct a manifestation determination review (MDR).

• This includes out of school suspension, in-school suspension, DAEP placement, or Expulsion to the Juvenile Justice Alternative Education Program (JJAEP).

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HISD

MDR Committee

The MDR ARD/IEP Committee shall include a licensed psychologist, licensed specialist in school psychology, or other professional who is qualified to interpret the instructional implications of any evaluations that may be presented at the ARD.

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HISD

Positive Finding• If the ARD/IEP Committee determines the

conduct was a manifestation of the disability, the ARD/IEP Committee shall:

• (1)conduct a functional behavioral assessment and implement a behavior intervention plan for the student, if one had not been conducted prior to the determination, provided that HISD had not conducted such an assessment prior to the behavior that resulted in a change in placement.

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HISD

Positive Finding• (2)in the situation where a behavior intervention plan

has been developed, review the behavior intervention plan and modify it, as necessary, to address the behavior.

• (3)except as specified below in cases involving special circumstances, return the student to the placement from which the student was removed, unless the parent and HISD staff agree to a change of placement as part of the modification of the behavior intervention plan.

*Chapter 37 precludes placing a student with disabilities in a DAEP solely for educational reasons.

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HISD

45 Day Rule

• Consistent with the Code, school personnel may remove a student to an DAEP or JJAEP for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the student’s disability, in cases where a student:

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HISD

45 Day Rule• 1)carries or possesses a weapon to or at school, on

school premises, or to or at a school function under the jurisdiction of a school district;

• (2)knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school; or

• (3)has inflicted serious bodily injury* upon another person while at school, on school premises, or at a school function under the jurisdiction of a state or local education agency.

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HISD

Serious Bodily Injury• Serious bodily injury means bodily injury that

involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty as defined by 18 U.S.C. Section 1365(h)(3).

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HISD

Negative Finding

• If determination is made that the behavior was not a manifestation, student is subject to the same disciplinary actions as non-disabled students.

*NOTE: Students in Behavior Support Centers

HISD Legal Office

Hans Graff, Asst. General Counsel, 713-556-7245

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HISD AFTERThe

APPROVAL

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HISD

Beechnut Academy Staff

• Patrice Grovey – HISD Coordinator

• Beechnut Academy (Campus #303)

7055 Beechnut, 77074

713-394-3500

CAMELOT SCHOOLS OF TEXAS

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HISD

Beechnut AcademyHISD Contacts: Patrice Grovey pgrovey1@houstonisd.orgTelephone Numbers 713-802-4760 or 713-696-

7351; FAX 713-713-802-4768

BA CONTACTS: BEECHNUT ACADEMY – 713-394-3565

Records Requests - -713-394-3534 & FAX: 713-270-7413 Route # 9

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HISD

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HISD

Referral Contact – Before Approval & DISCIPLINE QUESTIONS

• Luis Gavito – lgavito@houstonisd.org

• Lisa Perez – lperez6@houstonisd.org

• OFFICE PHONE: 713-556-7140

• FAX: 713-556-7282

HISD PUBLIC PORTAL > DEPARTMENTS > STUDENT DISCIPLINE

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HISD

2013-2014

• About 2700 referrals– 2073 (approved about 78%)– 177 (denied >7%)– 450 (incomplete about 17%)

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HISD

GOOD BEHAVIOR IS AN ACQUIRED SKILL – TEACH, MODEL, COACH-

“Schools that are safe, effective, and violence free are not created by accident. They are environments where considerable effort has been made to build and maintain supportive school cultures. Part of this effort consists of evaluating and monitoring the types of behaviors students are exhibiting. Office Referrals are used by schools throughout the nation as one method for managing and monitoring disruptive student behavior. Referrals are more than an index of student behavior; they are an index of the consistency and quality of the school’s discipline system.”

(2005, Sprague & Golly. Best Behavior: Building Positive Behavior Support in Schools. Sopris West)