1. CODE OF STUDENT CONDUCT
STUDENT DISCIPLINE
TEC CHAPTER 37
CODE OF STUDENT CONDUCT
SCHOOL SUPPORT SERVICES

2. STUDENT DISCIPLINE AGENDA 82ND LEGISLATURE TEC CHAPTER 37
CODE OF STUDENT CONDUCT
DAEP/JJAEP ON-LINE APPLICATION
Elementary/Secondary DAEPs
QUESTIONS/CONCERNS

3. 82ND LEGISLATURE
HB 1666 clarifies that someone commits an offense of the Penal Code if that person poses as someone else via social networking or any Internet site, including posting or sending messages.
HB 359 adds a new requirement to law regarding the use of corporal punishment in the discipline of students. Board of Education policy prohibits corporal punishment as a disciplinary method within the Houston Independent School District. Certain physical acts against a student by school personnel (such as choking, kicking, punching, pinching, hitting with an object, etc.) are not authorized and will be considered as a violation of the corporal-punishment policies when used as a disciplinary measure.
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4. 82ND LEGISLATURE
SB 49 amended Section of the Education Code by adding subsection (l–1) requiring school districts to ensure parents of students placed in DAEP are informed in writing of the opportunity to complete coursework required for graduation and the available methods for completing the required coursework at no additional cost to the student. (Sample Letters)
HB 968 adds to the acts that require mandatory* DAEP placement or optional expulsion the felony offense of aggravated robbery that occurs off campus and while the student is not attending a school-sponsored or school-related activity.
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5. 82ND LEGISLATURE
HB 2118 and SB 331 address synthetic compounds of controlled substances as listed in the Health and Safety Code. These lists now designate common look-alike drugs known as K2, spice, and bath salts as controlled substances.
SB 407 provides the definition of cyberbullying as the use of any electronic communication device to engage in bullying or intimidation.
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6. 82ND LEGISLATURE
HB 1224 amends Section (b) of the Education Code to include as an expellable offense conduct that contains the elements of breach of computer security if the student accesses a district network or system and the student knowingly alters, damages, or deletes school district property or information or commits a breach of any other computer, computer network, or computer system.
SB1416 defines a tire deflation device and adds it to the list of prohibited weapons requiring mandatory expulsion.
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7. 82ND LEGISLATURE
HB Defines Bullying, meaning engaging in written or verbal expression, expression through electronic means, or physical conduct that occurs on school property, at a school-sponsored or school-related activity, or in a vehicle operated by the district and that: (1)has the effect or will have the effect of physically harming a student, damaging a student ’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student ’s property; (2) is sufficiently severe, persistent, and pervasive that the action or threat creates an intimidating, threatening, or abusive educational environment for a student; (3) exploits an imbalance of power between the student perpetrator and the student victim through written or verbal expression or physical conduct; and (4) interferes with a student ’s education or substantially disrupts the operation of a school.
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8. 82ND LEGISLATURE
Retaliation against any person, including a victim, a witness, or another person, who in good faith provides information concerning an incident of bullying is prohibited.
Further, discipline shall not be imposed on a student who is the victim of bullying if it is determined that the student used reasonable self-defense in response to bullying.
Upon receipt of a complaint of bullying, the administrator shall promptly notify the guardian of the allegation. Upon request of the guardian, the student shall be referred to a counselor for assessment and to determine what counseling options may be appropriate.
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9. 82ND LEGISLATURE
Transfer of Students Who Have Engaged in Bullying: Students who engage in bullying may be transferred to another classroom at the campus to which the victim was assigned at the time the bullying occurred; or a campus in the district other than the campus to which the victim was assigned at the time the bullying occurred. Students with disabilities may only be transferred in accordance with the discipline procedures applicable to students with disabilities as specified in Tex. Educ. Code, Sec
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10. BULLYING RESOURCE: http://stopbullying.gov/ Have procedures in place
Bullying Behavior vs label of Bully
VERBAL ABUSE vs BULLYING
Prevention begins with School Climate
Future training
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:
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11. On-line Resources
Cyber-bullying, Appropriate Online Behavior, and Social Networking resources:
Common Sense Media -
NetSmartz Program -
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12. TEC Chapter 37
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.
EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE G. SAFE SCHOOLS CHAPTER 37. DISCIPLINE; LAW AND ORDER
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13. Chapter 37: Four Things to Remember
Students have a right to an education, even if they misbehave at school.
Parents/Students have a right to know the why & the what & the consequences of their behavior(s) and they have a right TO APPEAL.
Students have a legally protected right to DUE PROCESS.
THE sending school is accountable for the student even after removal – CAMPUS OF ACCOUNTABILITY.
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14. Chapter 37 – Main Thing to Remember
CHAPTER 37 IS ABOUT EDUCATION AND SCHOOL SAFETY – NOT ABOUT CRIME AND PUNISHMENT.
*Any removal from the regular educational setting has a negative impact on the student removed:
At-risk for future academic/social failure
At-risk of dropping out
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 Council of State Governments Justice Center
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15. Considerations In Decision to Remove
CHAPTER 37 - HB 171:
Self-defense
Intent or lack of intent at the time the student engaged in the conduct
The student’s disciplinary history
The student’s age
Any inability to understand consequences
School safety
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16. After Considerations Are Reviewed
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.
Mandatory disciplinary action NOT taken because Code allows self defense, lack of intent, student’s disciplinary history, or disability to factor in decision. – PEIMS ACTION CODE 28
Offense and all other actions taken must be posted on Chancery.
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17. PEIMS Action/Consequence Code 28
The use of this code should be the exception and should rarely be used. The date of this decision should be in close proximity to the date of the offense. (i.e., CROSSROADS)
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.
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18. Implications of The Law
Do not focus on the mis-behavior in isolation…
Look at the whole student, the whole situation…
Make an informed decision…
CONSIDER ALL
ALTERNATIVES…
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19. APPROVED BY SCHOOL BOARD
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
Provided upon enrollment
Parent/Student must sign, date and return the acknowledgement page of the CODE.
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20. Changes to The Code
Updates to HISD’s policy of non-dicrimination to include gender identity and gender expression.
Clarification of policies regarding network security including breach of security charges (Penal Code 33.02)
Prohibiting the possession of pepper spray
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21. Changes to The Code
Addition of enhanced bullying prohibitions in accordance with State Law
Inclusion of timelines for the administration of disciplinary actions
Addition of aggravated assault to the Title 5 felonies
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22. Removal To A DAEP 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.
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23. Requirements of Removal
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 Conference
APPEALS process
Must be in the language of the parent whenever possible…
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24. Expulsion to The JJAEP
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…)
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25. Discipline Record - Chancery
Identify student behavior and action to be taken – INCIDENT NUMBER (several students/several actions)
Description Details: who, what, when, where
be precise
be accurate
Post case #’s in appropriate place – ADDITIONAL INCIDENT DETAILS
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26. IT’S IN THE DETAILS…
Assault – what kind, against whom (PEIMS Reason Code 27/28) – actual charge.
Drugs – misdemeanor/felony – enhancement – 300 feet. (Codes 04, 36, 54)
Knife – what kind? Intent? (Codes 50, 12, 14)
Gun – Gun Free Act Report (Codes 11, 51)
Dangerous Campus Codes - TEA
Enhancements
Victim of Violent Crimes
Continuations…(different action codes)
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27. Code – Level III REQUIRED* In/Out of school Suspension Placement
DISCRETIONARY DAEP
Placement
Most are Reason/Event
PEIMS Code 21
(exceptions fighting 41,
possession of knife 50,
smoking 33, MCM 22,
Bullying BB)
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28. PEIMS Reason/Event Code 21
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)
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29. 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 factors HB 171
*documentation from a
law enforcement agency
is required for many
Level 4 offenses.
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30. LV 4: PEIMS REASON/EVENT CODE 21
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)
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31. AGAIN, consider the student, situation, factors…
Length of Placement
AGAIN, consider the student, situation, factors…
Elementary 15 days…
Secondary 30, 45, 60, 90, or 180 days?
End with semester?
One size does not fit all…
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32. Again, first look at the whole child and circumstances.
TRUANCY
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 of
Student Engagement
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33. The DAEP/JJAEP ONLINE REFERRAL APPLICATION
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34. First things first – is your data entered?
The discipline data must be entered into chancery with the appropriate action code (ex: 07 ALTR for DAEP, 02-EJJA for JJAEP) in order to use this system for a referral.
An overnight upload must take place for chancery to “speak” to the online DAEP system – please keep this in mind
A checkmark must be placed in chancery in the EVENT/CONCERN DETAIL SCREEN showing that this student was involved
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35. Event/Concern Detail Screen
A checkmark is needed on this screen
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36. Log-in to The System http://prodnet.houstonisd.org/DAEP/Referrals.aspx
Administrators or those who have administrative responsibilities have access
Here you will be prompted for your HISD username and password (this is your portal password)
Do not forget an overnight upload must take place between chancery input and utilizing the system
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37. Students will appear under “campus referrals” – if the student is not listed, it means the student’s data is not in chancery.
Do not select “find a student” – you should NEVER have to search for a student if chancery data is correct.
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38. Select The Student
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39. This is a DAEP referral – fields in yellow are filled out by chancery data
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40. Secondary Select Number of Days
If placement is to end with the end of a semester, select that here
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41. Elementary DAEP – 15 Days
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42. Elementary Only - Date of SIO Approval
Level 3 offenses require SIO approval, level 4 offenses do not
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43. Add Your Phone Number And Submit
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44. You’ll get an error message
Special note: The referral will not submit without a phone number and number of days entered
You’ll get an error message
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45. Print For Your Records
This form will appear if you submitted successfully.
This is your record of the DAEP referral – print it and place a copy in the student’s discipline folder.
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46. What Happens Next?
We’ll be notified when you submit a referral and we will update the status
The status will read “initial” when first entered, you will need to see a message notification to indicate we’ve processed it (more on this next)
Data entered in chancery will not show on the online system until it has updated overnight – please keep this in mind
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47. Status Updates CLICK IT!
When the status has been updated, you will see this notification
It reads
“new message”
CLICK IT!
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48. Reading A Message The new message is listed here, along with
all of the other messages
about this referral
This message contains information from me – please read!
This message is automatically generated with a status change – NO INFO HERE
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49. Just click OPEN
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50. Here you will see the information that is needed
Hit reply and type your
response.
If this message states there has been a status update, please locate the message with the information from our office – the status update is automatically generated, it will give you NO specific information
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51. Your initial screen will show you the status of referrals.
You can ALWAYS
check the status
of your referrals
Please utilize this
function!
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52. Approval
When the referral is approved, you will get an notification
Print the notification, put it in the student’s file
If you need a copy of the approval, go to HISTORICAL and print the last message for the student – it is the approval
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53. How Is An Expulsion Different? (from a DAEP referral)
It really isn’t. Remember – you must use the correct action code in Chancery for an expulsion (most often it is 02 EJJA).
The screen shots follow:
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54. A student you wish to expel will have a
Select the student
A student you wish to expel will have a
different screen pop up when you select that student (this is based on the data YOU entered into
Chancery)
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55. Here you see “expelled” student. You have to select mandatory
or discretionary
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56. Select where
the offense
occurred
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57. You must
indicate
the expulsion
Dates:
From ?- To ?
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58. Expulsion Submitted
This form will appear if you submitted successfully.
This is your record of the expulsion referral – print it and place a copy in the student’s discipline folder.
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59. The system you use is the same for a DAEP referral and an expulsion
Special notes:
The messaging system works the same for an expulsion and for a DAEP referral.
The system you use is the same for a
DAEP referral and an expulsion
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60. Other Info
You can access “historical” data for your campus by selecting “historical” on your main screen
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61. A list of all
the referrals
made by your
campus will
appear.
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62. Historical Menu
Drop down with school year
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63. What about Special Education Students?
For DAEP referrals, we need:
The MDR, last annual ARD, and the Special Education form
The Special Education form must be signed by the designated people in the SIO office.
JJAEP referrals need: MDR supplement, minutes and signature page only.
(NEW SPECIAL ED APPLICATION ??)
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64. APPROVAL
the
After
AFTER The APPROVAL
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65. Beechnut Academy (CEP) Staff
Patrice Grovey – HISD Coordinator
Julia Guajardo Barrow – CEP Regional Director
Dr. Dianne Reed – CEP Beechnut Academy (Campus #303)
7055 Beechnut, 77074
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66. Beechnut Academy (CEP)
HISD Contacts:
Patrice Grovey
Claudia Coronado – (HISD CLERK)
Mary E. Hahn (HISD Clerk)
Telephone Numbers or ; FAX
CEP CONTACTS: BEECHNUT ACADEMY –
Records Requests - Amelia McElreath & FAX: Route # 9
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67. HISD / Beechnut Academy (CEP) for Secondary Students
Follows the Secondary Guidelines for Registration
Student must have
Withdrawal sheet from home school (complete with grades)
PGP Information
Students are enrolled in Chancery.
Proof of residency
Valid ID / Birth Certificate / etc…
BEECHNUT ACADEMY-SW –
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68. dmay1@houstonisd.org 713-434-4700 x392 713-434-5294 (fax)
Special Education
A PLACEMENT ARD must be held.
HISD Alternative Schools Special Education Senior Manager: Holly Ortego – Itinerant Teacher: Dianne May 
x392
(fax)
Student Withdrawals from Beechnut Academy
1. Students will only be withdrawn on Friday.
2. In August & January students are given a letter which replaces the actual withdrawal form. Students do not have to return to Beechnut Academy to get a withdrawal form.
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69. Student Withdrawals (continue)
3. Students will not be released the last 2 weeks of the fall/spring
semester.
(If you want to withdraw students during this period, please send me an .)
Early Release Request
1. The request must come from an administrator.
2. Request should be ed using the Early Request Form
3. Early Released students will only be released on Friday.
120 Day Reviews
1. Parents make request for 120 day review.
contact person – Cynthia Clayton
2. Principals are notified via about the review.
3. Reviews are scheduled at the end of every six weeks.
Suspension of Enrollment/Withdrawals Dates during Testing (HISD Portal)
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70. Claudia Coronado Assigned to Work with the Following Schools
Middle Schools Attucks Black Clifton Cullen Deady Dowling Edison Fleming Fondren Fonville Grady Hamilton Hartman Henry Hogg H. Sch. Ahead Holland Jackson Johnston Kaleidoscope High Schools Austin Bellaire Carnegie Challenge E.C. Chavez Davis DeBakey East E. College HSPVA Houston Academy for International Studies International Sharpstown Jones Jordan Kashmere Lamar E-Stem MS/HS Hope Mt. Carmel Provision All Girls Prep.
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71. Beth Hahn Assigned to Work with the Following Schools
Middle Schools
Key Lanier Las Americas Burbank
Long Marshall McReynolds Ortiz
Ortiz Pershing Pin Oak Revere
Ryan Sharpstown Stevenson Sugar Grove
Thomas Welch Westbriar Williams
Dominion Project Chrysalis
High Schools
Lee Madison Milby Reagan
North Hou. E. College Houston Scarborough
Sharpstown South Early College Sterling
Waltrip Washington Westbury Westside
Wheatley Worthing Yates Devry/CLC
Liberty New Aspirations
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72. Referral Contact – Before Approval & DISCIPLINE QUESTIONS
Luis Gavito –
Lisa Perez –
OFFICE PHONE:
FAX:
ON-LINE Referral Application:
HISD Employee/Administrators Portal – HISD Application Links – DAEP Referral
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73. Elementary DAEP Elementary DAEP @Eliot
6411 Laredo St. , Houston, Texas CAMPUS #: 466
CONTACT: Schwer, Matthew E
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74. HISD Portal Resources
Under Department Information – “D” - Discipline Process –
Student Discipline Tutorial (ppt)
Suspension of Enrollment 2011
DAEP Special Education Student Supplement Form* (.pdf)
CEP Student Withdrawal Form
CEP Required Student Information
CEP Early Release Form
DAEP/JJAEP Removal Checklist
Knife Guidelines Chart
Notice of DAEP Assignment (Engl/Span)
Notice of Expulsion (Engl/Span)
Notice of Recommended Expulsion (Engl/Span)
Notice of Expulsion: Hearing Waived (Engl/Span)
Sample Removal Conference Script
Waiver Letter (Parents)
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75. RESOURCES HISD PORTAL: CODE: PDF –STUDENT REQUIREMENTS
SAFE & DRUG FREE SCHOOLS
POLICE DEPARTMENT