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STUDENT DISCIPLINE

STUDENT DISCIPLINE. TEC CHAPTER 37 CODE OF STUDENT CONDUCT DAEP/JJAEP ON-LINE APPLICATION SPECIAL EDUCATION/504 Article 15.27 QUESTIONS/CONCERNS. TEC Chapter 37 Discipline Law and Order.

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STUDENT DISCIPLINE

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  1. STUDENT DISCIPLINE • TEC CHAPTER 37 • CODE OF STUDENT CONDUCT • DAEP/JJAEP ON-LINE APPLICATION • SPECIAL EDUCATION/504 • Article 15.27 • QUESTIONS/CONCERNS

  2. TEC Chapter 37 Discipline Law and Order • TEC CHAPTER 37 is the driving force of all campus-based disciplinary decisions and it is the framework on which the HISD Code of Student 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

  3. NOTE: CHAPTER 37 IS ABOUT EDUCATION & SCHOOL SAFETY IT IS NOT ABOUT PUNISHMENT TEC CHAPTER 37

  4. INTENT OF CH. 37 • TO REMOVE STUDENTS who are so unruly, disruptive, or abusive that the behavior seriously interferes with a teacher’s ability to teach and the students to learn or it seriouslyinterferes with the operation of school or school activity, or it seriouslyendangers the school community.

  5. The EVOLUTION OF CH. 37 ZERO TOLERANCE TO “HEY LET’S BE REASONABLE” TO How to assure the highest level of safety while still educating children & youth! TO…

  6. Positive Proactive Discipline • COMMUNITY - develop a feeling of belonging for all students • CONNECTIVITY - knowing each student personally • ADVOCACY - having adult mentors • EQUITY – develop a fair discipline management system WHICH IS REFLECTED IN THE:Commissioner's Rules: Establishing Educational Standards for DAEPs - Text of 19 TAC §103.1201 A CHALLENGE TO ALL SCHOOLS!

  7. TEC CHAPTER 37: • Chapter 37, Section 37.0021 (a) • It is the policy of this state to treat with dignity and respect all students including students with disabilities. IT IS THE LAW! Is it part of your school’s approach to discipline management?

  8. DISCIPLINE MANAGEMENT PLAN • RESEARCH: A POSITIVE plan includes the promotion of “dignity" and “respect” of all students and staff as a basic foundation of a successful educational-disciplinary program. • DIGNITY & RESPECT = EQUITY, REASONABLENESS, ADVOCACY, CONSISTENCY, & CLARITY.

  9. Chapter 37; Section 37.008 • requires all school districts to teach “Self-Discipline” in all DAEP’s. • WHY “SELF-DISCIPLINE?”

  10. SELF - DISCIPLINE is the only way to establish long term results that last and are reliable. is an internal value system that serves as a baseline for decision making. Without “self discipline” or “self control” --your only option is to have “external discipline” or “external control”.

  11. The Four Most Important Things toRemember about CHAPTER 37 • 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. And they have a right to challenge schools if they perceive the punishment for the misbehavior as not fair or if there is a disagreement about what happened. (RIGHT TO APPEAL)

  12. DUE PROCESS 3. Students have a right to DUE PROCESS AND THIS RIGHT IS PROTECTED BY LAW. TO BE TREATED WITH DIGNITY & RESPECT

  13. ACCOUNTABILITY 4. THE SENDING SCHOOL IS ACCOUNTABLE FOR THE STUDENT EVEN AFTER REMOVAL – CAMPUS OF ACCOUNTABILITY

  14. The most important thing to remember before removing a student from the regular campus! There are serious NEGATIVE SIDE EFFECTS TO BEING ASSIGNED TO A DAEP or JJAEP………….

  15. Side effects… • INCREASED vulnerability for future failure • SELF-IDENTIFICATION AS “pseudo-criminals” “a problem child”

  16. 33% rule • 33% obey the rules • 33% are on the fence • 33% are over the fence but within reach • 1% are way out of the ballpark…

  17. KNOW THE “over-the-fence” STUDENTS KNOW your students – HOW MANY STUDENTS ARE OVERAGE; HOW MANY DO NOT LIVE WITH THEIR BIOLOGICAL PARENTS; GREET THEM. ETC…….. KNOW and identify resources (Safe/Drug Free schools; Character Education….) KNOW THE PARENTS: The only reason I always try to meet and know the parents better is because it helps me to forgive their children. Louis Johannot…

  18. Before making the decision to remove students Determining factors HB 171: • seriousness of the offense • student’s age • frequency of misconduct • student’s attitude - INTENT • potential effect of the misconduct on the school environment • state law requirements • self-defense as a mitigating factor

  19. Mandatory disciplinary action NOT taken because Code allows self defense, lack of intent, student’s disciplinary history, or disability as factor in decision. (DATE OF DECISION WITHIN 7-10 DAYS OF THE DATE OF OFFENSE) PEIMS ACTION CODE 28

  20. CODE OF STUDENT CONDUCT APPROVED 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

  21. Removal to a DAEP REQUIRED: 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 theoffense. Letter to parent within 3 days after the conference is held.

  22. EXPULSIONS • REQUIRE HEARING • LETTER SCHEDULING HEARING • SIGNED WAIVER TO HEARING& APPEALS • LETTER OF EXPULSION

  23. DAEP REMOVAL REQUIRES LETTER to the parent stating • the specific charge/offense/ misbehavior, • the disciplinary action to be taken, • the length of placement, • (Date of conference/ Hearing) • APPEALS process IN THE LANGUAGE OF THE PARENT

  24. SCENARIO • Student is charged with possession of drugs on campus. A conference is held with the parent and the decision is made to assign the student to the DAEP. After correctly posting all information in Chancery and after submitting DAEP referral for review, the parent is requested to withdraw the student. Is this correct?

  25. Do not withdraw! • STUDENT MAY NOT BE WITHDRAWN BY THE SCHOOL UNTIL AN ALTERNATIVE HAS BEEN APPROVED AND THE STUDENT HAS BEEN ASSIGNED. (COMPULSORY ATTENDANCE LAWS)

  26. DAEP • DISCIPLINE ALTERNATIVE EDUCATION PROGRAM • SECONDARY = CEP (Community Education Partners Inc. • ELEMENTARY = two campuses

  27. Step one • Identify student behavior and action to be taken • Chancery = who, what, when, where – be precise, - be accurate, Post case numbers in appropriate place.

  28. LEVEL III • REQUIRED SUSPENSION/ max 3 DAYS • DISCRETIONARYDAEP PLACEMENT

  29. Some III Codes • Violation of Student Code of Conduct (21) • Tobacco Violations (33) • Fighting/Mutual Combat (41) • Possession of knife no intent (50) • Verbal Assault (21)

  30. SCENARIO • While in the classroom a butterfly knife falls out of a student’s pack back. After investigating, the AP determines that the student had no intention of using the knife as a weapon. The AP codes it as a reason code 50 and suspends the student for 3 days with no further action taken. Is this correct?

  31. LEVEL IV: REQUIRED REMOVAL TO A DAEP • A student shall be removed and referred to a DAEP for any conduct listed under Level IV of the Code. • Determining factorsHB 171

  32. documentation from a law enforcement agencyis required for the following codes:

  33. Engages in Conduct Punishable as a Felony (02) Assault of Someone other than School Staff (28) (with bodily injury) Assault of School Staff (27)* (bodily injury) Terroristic Threat (26)* Non-Felony Marijuana or Controlled Substance or Dangerous Drug (04) * - • *discretionary expulsions

  34. Alcohol (05)* Abuse of a Volatile Chemical (06)* Public Lewdness/Indecent Exposure (07) Retaliation against School Employee (08)* Title 5 Felony Committed Off Campus (09)* REGISTERED SEX OFFENDER False Alarm/False Report (35)*

  35. Non-Title 5 Felony Committed Off Campus (10) Criminal Mischief (22) – Felony if damage is over $1,500 –* School Related Gang Violence (34) Assault by contact (21) Deadly Conduct (49) – Pointing or discharge of firearm*

  36. scenario • A student is charged with an assault with bodily injury of another student. Since the AP knows that she can place the student in a DAEP or expel him to the JJAEP, she decides to expel. She codes it in Chancery as a reason code 28 and action Code 02 EJJA. Is this correct?

  37. IN SCHOOL SUSPENSION The student may be suspended or assigned to in-school suspension while arrangements are made for the DAEP conference, but this is not a requirement if there is no safety concern. At no time should a student be suspended out of school for more than three (3) consecutive days.

  38. SCENARIO • A student seriously misbehaves at Tuesday’s morning school assembly and the decision is made to suspend the student. The parent is called at 11:30 a.m. and is informed that the student has been suspended. The parent picks-up the student at noon. When the parent shows up at school, she is given a letter indicating that the student may not return to campus until Monday of the following week since he is suspended for three days. Is this correct?

  39. Note: any part of the school day in which a student is suspended is counted as a full day of suspension. At no time should a student be in an in-school suspension class for more than ten (10) consecutive days pending a DAEP assignment.

  40. SCENARIO • A parent moves to HISD from Pasadena ISD and shows up in November to enroll a student in school. The AP notices that the student has been assigned to a DAEP by PISD for the remainder of the current school year. The AP informs the parent that the placement will be honored and that the student must remain at home until arrangements are made for her to attend CEP. Is this correct?

  41. CONTINUATION • Note: If a student is enrolling from another district and is under an open removal order: (1) enroll the student on your campus; (2) request removal information from the previous school district; (3) conference with parent and student; (4) post DAEP information on Chancery. Student may be assigned to in-school suspension pending assignment to the DAEP. • STUDENT MAY NOT BE SENT HOME PENDING PLACEMENT.

  42. NO STUDENT OR PARENT • STUDENT WITHDRAWS WHAT THEN??? • PARENT REFUSES TO COOPERATE WHAT THEN???? • If the school administrator has documented a good-faith effort to inform the student’s parent/guardian of the time and place of the conference, the school administrator may proceed with the conference even in the absence of the student and parent/guardian.

  43. EXPULSION – Age 10+ • J.J.A.E.P. Juvenile Justice Alternative Education Program • POLICE INVOLVEMENT

  44. OUTSIDE FENCE – WITHIN 300 FEET DISCRETIONARY EXPULSIONS • 51 – FIREARM • 52 – PROHIBITED WEAPONS • 53 – SERIOUS OFFENSE CONDUCT • 54 – FELONY DRUG POSSESSION

  45. TRUANCY TRUANCY WILL BE DEALT WITH NOT THROUGH REFERRAL TO A DAEP, BUT BY REFERRAL TO THE COURTS FOR ENFORCEMENT OF COMPULSORY ATTENDANCE LAWS. (Chronic absenteeism in 1st, 2nd, 3rd grades are already at-risk for dropping out of school.)

  46. ON-LINE DAEP APPLICATION • ACCESS ALL ADMINISTRATORS • REAL TIME INFORMATION • HISTORICAL INFORMATION A CLICK AWAY • KNOW YOUR CAMPUS DISCIPLINE INFORMATION

  47. 1. First things first – is your data entered? • The discipline data must be entered into chancery with the appropriate action code (ex:07 ALTR for CEP, 02-EJJA for JJAEP) in order to use this system for a referral.

  48. 2. Log in to the system • http://prodnet.houstonisd.org/DAEP/Referrals.aspx • Here you will be prompted for your HISD username and password (this is your portal password)

  49. Students will appear under “campus referrals” – if the student is not listed, it means the student’s data is not in chancery.

  50. 3. Select the student

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