1.  2015 - 2016

2.  During this workshop we will cover: o Texas laws and updates regarding submission of PEIMS discipline records o PEIMS Timelines o PEIMS Vocabulary o PEIMS Coding o PEIMS Disciplinary Actions Addressed in the Student Attendance Accounting Handbook o PEIMS Student Restraint Reporting

3.  Texas Education Code (TEC) 37.008(m-1) o Under TEC 37.008(m-1), failure to report all disciplinary removals and truancy actions as required by state and federal law may result in a review by the commission of education and notice to the local school board of any problems noted in the district’s data, or a violation of a law or other rule. o This review may also result in a notification to the county attorney, district attorney, criminal district attorney, as appropriate, and the attorney general. This provision can apply to missing, inaccurate, and/or falsified information/data. o Reporting is required to be through the Public Education Information Management System (PEIMS).

4.  A PEIMS 425 Discipline Action record must be reported for each disciplinary action that results in the removal of a student from any part of their regular academic program.  The PEIMS 425 record is also required by TEC, Chapter 37, P.L. 107-110 – No Child Left Behind (NCLB), and IDEA 2004, which includes students who are receiving special education and related services.  A single incident/offense may result in multiple disciplinary actions. In such cases, multiple 425 Student – Disciplinary Action records must be reported for each action taken against a particular student for a particular incident/offense.  425 records are reported at the end of the current school year, and are a part of PEIMS Submission 3.  For purposes of discipline data reported to TEA, the attendance/PEIMS data personnel are only responsible for entering information that has been provided to them by the Superintendent or their designee(s) who are responsible for applying the Student code of Conduct to student behavior. In no case should attendance/PEIMS data personnel be responsible for determining a student’s coding information for discipline actions taken.

5.  Every disciplinary action that results in the removal of a student from any part of their regular academic program will be categorized in one of the following general categories: o Suspensions (Both Out of School and In-School) o DAEP assignments o Expulsions to the Juvenile Justice Alternative Education Program o DAEP & JJAEP Continuations

6.  For disciplinary removals of a student who is receiving special education and related services from the student’s current educational placement, a change of placement occurs if the removal is for more than 10 consecutive days (CFR 300.530-300.536).  The ARD committee that deals with the change of placement must review the student’s IEP to detail the special education and related services to be administered to the student while he is removed for discipline reasons.  Be careful not to confuse the 10-day change of placement requirement for special education purposes with the 1-day removal requirement for 425 record reporting purposes.

7.  A 425 record is required for all students who are receiving special education and related services and are removed from their regular scheduled classes for one day or more.  A change of placement occurs when the removal is for more than 10 consecutive days, and a change of placement may occur when the removal is for more than 10 cumulative days in a school year based on factors such as the length of each removal, the total amount of the time the child is removed, and the proximity of the removals to one another.  An ARD committee must be involved when the removal or series of removals constitute a change in placement.

8. August 25, 2015 TO THE ADMINISTRATOR ADDRESSED: SUBJECT:Legislation passed by the 84 th Texas Legislature relating to truancy and on-campus discipline During the recently completed legislative session, the 84 th Texas Legislature approved – and Governor Greg Abbott signed into law – legislation that makes changes to current law as it relates to truancy and on-campus student discipline. Components of House Bill 2398 and Senate Bill 107 will be in effect for the 2015-2016 school year. This letter highlights some of the issues school districts will deal with in implementing the requirements of the bills. House Bill 2398 also applies to open-enrollment charter schools. School districts and open-enrollment charters should consult their own legal counsel for a comprehensive understanding of all the requirements imposed by the legislation.  House Bill 2398 o Repeals the criminal offense of failing to attend school, and instead establishes a civil enforcement procedure. o The offense of a parent contributing to nonattendance remains a Class C misdemeanor, but a court may now dismiss a charge against a parent for the offense of contributing to nonattendance if the court finds that the dismissal would be in the best interest of justice because there is a low likelihood of recidivism or because sufficient justification exists for the failure to attend school. o Extends the compulsory age of attendance from 18 to 19.

9. o A district may revoke a student’s enrollment for the remainder of the school year if the student is 19 year old, is voluntarily enrolled in school, and has more than five unexcused absences in a semester. However, the district is first required to issue a warning letter after the student has failed to attend school without excuse three times stating that the student's enrollment may be revoked if he or she obtains more than five unexcused absences in a semester. A district may impose a behavior improvement plan in place in lieu of revocation. o A student is not to be referred to truancy court if the truancy is a result of pregnancy, foster care, homelessness, or being the principal income earner for the student’s family. Instead, a district is to offer the student access to additional counseling services. o On the third unexcused absence within a four week period, a school must initiate a truancy prevention program for the student. o A child commits truancy if the student is 12-18 years of age and is required to attend school under Texas Education Code (TEC) Section 25.085; and fails to attend school on 10 or more days or parts of days within a six-month period in the same school year. o Additionally, school districts’ truancy prevention measures must now include at least one of the following: o A behavior improvement plan that includes a specific description of required or prohibited behavior, the period the plan will be effective (not to exceed 45 days after the effective date of the contract) or penalties for additional absences; o School-based community service; or

10. o Referral to counseling, mediation, mentoring, teen court, community-based services or other services to address the student’s truancy. o School districts are also required to employ a truancy prevention facilitator or juvenile case manager to implement its truancy prevention measures. A school district may designate an existing district employee to serve in this position. o HB 2398 applies to compulsory attendance enforcement by open-enrollment charter schools as well as school districts. Additional resources may be available to districts and charters to understand the requirements of the legislation such as those available through the Texas Association of School Boards. o TEA will be adopting rules to create minimum standards for truancy prevention measures, establishing a set of best practices for truancy prevention measures, and providing for sanctions for districts that are not in compliance with TEC Section 25.0915. However, no additional minimum standards for truancy prevention measures beyond those imposed by the legislation will be adopted for the 2015-2016 school year. During the 2015-2016 school year, TEA will use a complaint-based model for issues of non- compliance under Section 25.0915 of the Texas Education Code.  Senate Bill 107 The ability of a school district to define a knife with a blade length of 5.5 inches or less as a “locally defined illegal knife” in the student code of conduct and expel a student for the possession, use, or exhibition of a “locally defined illegal knife” is revoked by SB 107. The possession, use, or exhibition of a knife with a blade length of 5.5 inches or less is to be handled as local code of conduct violation unless the use of the knife results in another violation covered by TEC Chapter 37 (e.g. 37.006, 37.007).

11. o Each campus must have a staff person designated as the Campus Behavior Coordinator. o The person designated as the Campus Behavior Coordinator may be the principal of the campus or any other campus administrator selected by the principal. o The Campus Behavior Coordinator is primarily responsible for maintaining student discipline. o The Campus Behavior Coordinator is required to: o Promptly notify a student's parent or guardian if a student is placed into in-school or out-of-school suspension, placed in a disciplinary alternative education program, expelled, or placed in a juvenile justice alternative education program or is taken into custody by a law enforcement officer. o Promptly contact the parent or guardian by telephone or in person; and o Make a good faith effort to provide written notice of the disciplinary action to the student, on the day the action is taken, for delivery to the student's parent or guardian. o If a parent or guardian entitled to notice of a student’s disciplinary removal has not been reached by telephone or in person by 5 p.m. of the first business day after the day the disciplinary action is taken, the Campus Behavior Coordinator must mail written notice of the disciplinary action to the parent or guardian at the parent's or guardian's last known address.

12. o If a Campus Behavior Coordinator is unable or not available to promptly provide the required notice to a parent or guardian of a student, the principal or other designee shall provide the notice.  Should you have any questions regarding implementation of these two pieces of legislation, please contact Candace Stoltz, Senior Advisor at 512-463-9286.

13.  PEIMS Timelines

14.  Important Timelines o School Start Window – Last Friday in September o PEIMS Snapshot – Last Friday in October o PEIMS Fall (Collection 1) – Staff Information, Budget Information, Student Enrollment Information and leaver data o PEIMS Midyear (Collection 2) – Finance actual data for the prior year o PEIMS Summer (Collection 3) – Student Enrollment Information, Student Attendance, Student Course Completion, Student Discipline, Teacher Course, Restraint and Title 1 Part A o PEIMS Extended Year (Collection 4) – Special Education Extended Year Services, LEP Summer School for students going into KG and 1 st grade, Course Completion Information on students completing Dual Credit Courses during the Summer and Optional Flexible School Day Attendance

15.  PEIMS Disciplinary Vocabulary

16.  Disciplinary Action Reason Code – indicates the reason a student was subject to a disciplinary action (what the student did).  Disciplinary Action Code – indicates the type of disciplinary action taken for a student (what the Administrator Assigned).  Official Length of Disciplinary Assignment – indicates the official length in days of a student’s disciplinary assignment. Include only instructional school days.  Actual Length of Disciplinary Assignment – indicates the actual length in days of a student’s disciplinary assignment. Include only the actual number of instructional school days that the student was in attendance when calculating this number. Do not include days absent.

17.  Disciplinary Length Difference Reason Code – indicates the reason for the difference in the number of days assigned and the actual number of days served.  Disciplinary Incident Number – designates an incident that occurs on a campus and results in one or more disciplinary actions for one or more students. If, on a single campus, more than one student is involved in an incident that results in disciplinary action(s) the records for all the students must show the same incident number.  Reporting Period Indicator Code – indicates the attendance cycle for which the attendance data is being reported.

18.  Date of Disciplinary Action – indicates the date on which the disciplinary assignment was ordered. This may or may not reflect the date on which the disciplinary infraction occurred. This date reflects the date that the Administrator assigned the Discipline Action. For continuation assignments this date reflects the first day of the school year of the continuation.  Campus ID of Disciplinary Responsibility – indicates the instructional campus on which the student was enrolled when the student code of conduct violation occurred and the disciplinary assignment was made, or for a continuation disciplinary assignment the campus that the student would attend under all normal circumstances if not under a disciplinary assignment.

19.  Behavior Location Code - indicates where a student committed an applicable offense that is enumerated in Texas Education Code 37.006 or 37.007). (On/off campus, school related activities, etc.) o Code Table C190 of the PEIMS Data Standards 00Not Applicable 01On Campus 02Off Campus, but within 300 feet of campus property line 03Off Campus, but at a school sponsored or school related activity 04Off Campus, and further than 300 feet from the campus boundary (Student was not in attendance at a school sponsored or school related activity) 05On campus of another school district, or while in attendance at a school sponsored or school related activity of another school district

20.  PEIMS Coding

21.  2015-2016 TEDS, http://www.texasstudentdatasystem.org/TSDS/TEDS/TEDS_Latest _Release/  2015-2016 PEIMS Data Standards, http://tea.texas.gov/Reports_and_Data/Data_Submission/PEIMS/PEIMS_Data_Standards/PEIMS_Data_Standar ds / http://tea.texas.gov/Reports_and_Data/Data_Submission/PEIMS/PEIMS_Data_Standards/PEIMS_Data_Standar ds / o Appendix E of the PEIMS Data Standards and the TEDS (Texas Education Data Standards) includes three sections that provide additional information related to discipline reporting. Post Addendum Version – Additional Information regarding Disciplinary Alternative Education Program (DAEP) Conferences, Expulsion Hearings, Placement Reviews, and Other Actions Additional Information Related to Discipline Action Reason Codes PEIMS 425 Record Chart for determining Mandatory and Disciplinary DAEP Placements and Expulsions

22.  Post Addendum Version - Additional Information regarding Disciplinary Alternative Education Program (DAEP) Conferences, Expulsion Hearings, Placement Review and Other Actions o What is required if a student brings a firearm to school? o What is a Campus Behavior Coordinator? o What is required in order to send a student to a Disciplinary Alternative Education Program? o What is required in order to expel a student? o What is the maximum length for an out-of-school suspension placement? o What is required if a student’s DAEP placement will extend beyond the end of the next grading period? o What is required if the student’s DAEP placement will extend beyond the end of the current school year and into the next school year? o What is required regarding special education students who commit behaviors that require a disciplinary removal action?

23. o What is the minimum age that a student can be expelled? o What are the required procedures for using Discipline Action Reason Code 23 – Emergency Placement/Emergency Expulsion? o What are the requirements for keeping documentation under Article 15.27, Code of Criminal Procedure received from law enforcement personnel investigating alleged criminal behaviors at/for a school? o How should a school handle situations where a student(s) have committed multiple violations in the course of one disciplinary event? o What should a school do if a student attempts to withdraw from school before a disciplinary removal action has been determined for a particular incident? o What part of Texas Education Code Chapter 37 must a charter school follow?

24. o What is in In-School Suspension setting? o When is it appropriate to use Discipline Action Code 13 – Court Ordered Placement to a JJAEP and 14 – Court Ordered Placement to a DAEP? o Please explain the Discipline Action reason Code 01 – Permanent Removal from Class by a Teacher. o What are the consequences of a school not reporting its discipline removal events through the PEIMS 425 record? o Which LEAs are required to participate in the county run Juvenile Justice Alternative Education Program (JJAEP)? o What options exist for an LEA that expels a student in a county that does not have a JJAEP? o How do I report a disciplinary incident involving a switchblade knife?

25. o Disciplinary Action Reason Code ‘12’ – Unlawful Carrying of an Illegal Knife under Penal Code 46.02 – TEC 37.007(a)(1) (Illegal knife – blade longer than 5.5 inches). o Disciplinary Action Reason Code ‘21’ – Violation of Student code of Conduct Not Included Under TEC 37.002(b), 37.006, or 37.007 (does not include student code of conduct violations covered in reason codes 33 and 34). o What is the definition of an Off-Campus DAEP? o What is the definition of an On-Campus DAEP?

26.  Truancy o House bill 2398, 84 th legislative session decriminalized truancy moving the statues from the Criminal Code of Procedures to the Texas Family Code. However, the Parent Contributing to Truancy law under TEC 25.093 remains a potential criminal (Class C Misdemeanor).  What are the factors to be used when determining truancy? o A parent contributes to truancy (TEC 25.093) if the parent fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Texas Family Code (TFC) 65.003(a). o On the third unexcused absence, a school must initiate a truancy prevention program for the student. (TEC 25.0915 (a-4), TEC 25.095(b).

27. o A student is truant if the student is 12 – 18 years old and is required to attend school under Section 25.085; AND (1) fails to enroll or (2) fails to attend school on 10 or more days or parts of days within a six month period in the same school year. (Texas Family Code 65.003) o The filing of a truancy complaint in Truancy Court does not constitute a disciplinary assignment in and of itself. Any action by the district requiring removal from the regular classroom for truancy reasons must be authorized and documented in the district’s student code of conduct (TEC 37.001) and categorized as a general Student Code of Conduct violation.

28.  This table gives you more detail on the Discipline Reason Codes along with information from the Texas Education Codes, Health and Safety Codes and Penal Codes. o Below is an example of additional information for Discipline Reason Code 04 – Marihuana or Controlled Substance or Dangerous Drug. This includes information from the Health and Safety Code.

29. o Below is an example of Discipline Action Reason Code 11 – Firearm – uses, exhibits, or possesses a firearm as defined by Section 46.01(3), Penal Code. o Here I highlighted the section that states that BB and pellet guns are not considered firearms under this definition.

30. o Below is an example of Discipline Reason Code 01 – Permanent removal by a teacher from class – TEC 37.002(c).

31.  Please see handout provided.

32.  PEIMS Discipline Actions Addressed in the Student Attendance Accounting Handbook

33.  4.6 Interim Alternative Educational Placements o If special education services prescribed in a student’s IEP are provided while the student is placed in an appropriate interim alternative education setting (for example, in-school suspension or disciplinary alternative education program), special education contact hours ma be claimed. If special education services are not provided, special education contact hours must not be claimed. This restriction includes short-term removals of not more than 10 consecutive or cumulative school days. (See 10.6.2 Disciplinary Removals of Students with Disabilities for more information on disciplinary removals of students with disabilities.)

34.  10.6.2 Disciplinary Removals of Students with Disabilities o The education services provided to a special education student removed to a disciplinary placement are to be provided following the requirements of the see 3.2 Membership and Eligibility for Attendance and Foundation School Program (FSP) Funding and 3.2.1 ADA Eligibility Coding). Where services provided do not meet the requirements of the 2-through-4-hour rule, the student’s ADA eligibility code is 0 Enrolled, Not in Membership. o A student must not be removed to a homebound setting (instructional setting code 01). Your district must determine the student’s instructional setting code based on the percentage of time the student is removed from the general education setting. Note that a special education student’s instructional setting will not change as a result of his or her placement in a DAEP.

35.  5.4 Career and Technical Education Withdrawal Procedures o CTE contact hours must not be claimed when a student receiving CTE services is placed in a disciplinary setting (for example, in- school suspension or disciplinary alternative education program) for more than 5 consecutive days if the same amount and type of CTE services are not provided by a CTE teacher. After 5 consecutive days without CTE services being provided, district personnel must remove the student from the PEIMS 410 record for CTE contact hours effective the first day of placement in the disciplinary setting. o In other words, your district may place a student in a disciplinary setting for up to and including 5 consecutive days and continue to claim CTE contact hours even though no CTE services are provided to the student. A student may earn state graduation credit for a CTE course if the student continues to work on the course even though direct CTE instruction is not provided during periods of disciplinary removal.

36.  6.5.1 Eligible Days Present and Students Placed in a Disciplinary Setting o Bilingual or ESL education program eligible days present must not be claimed when a student receiving bilingual or ESL education program services is placed in a disciplinary setting (for example, in- school suspension or disciplinary alternative education program) for more than 5 consecutive days if the same amount and type of bilingual or ESL education program services are not provided by a bilingual or ESL education program teacher. After 5 consecutive days without bilingual or ESL education program services being provided, district personnel should remove the student from the Public Education Information Management System (PEIMS) 400 record for bilingual education or ESL program contact hours effective the first day of placement in the disciplinary setting.

37.  PEIMS Student Restraint Reporting

38.  The 435 Student Restraint Data record captures the restraint data for 1) the restraints of all students that are administered by school district police officers and school resource officers working with a LEA under a local MOU, and 2) special education students that are restrained by school district/charter school employees and volunteers. Texas Education Code §37.0021 and TAC 89.1053(b)-(c). Please refer to TAC 89.1053 for additional operational rules related to the management of special education student restraint events.

39.  School staff persons performing student restraints are divided into two categories: 1) LEA employees or volunteers, and 2) LEA police officers or school resource officers (SRO).  LEA employees for the purposes of the 435 Student Restraint record are not law enforcement personnel. Student restraints performed by these staff are only reported if the student was a special education student at the time of the restraint event. Do not report non-special education student restraints performed by LEA employees or volunteers.  LEA police officers are licensed peace officers who are employed by a police department created by a particular LEA school board. School Resource Officers (SRO) are licensed peace officers who are employed by a state, county, or municipal law enforcement agency who through contract with a school district or charter school provide a police presence at a school district or charter school, or at a school campus.

40.  The 435 Student Restraint record is collected in Submission 3 only.  For each student reported on a 435 Student Restraint record, there must be a 400 Student - Basic Attendance Record or 500 Student Flexible Attendance record with a matching STUDENT-ID.  The data entered on the 435 Student Restraint record for a particular restraint event should reflect current data for the student as of the time the restraint event occurred.  Do not report student restraint events that are performed by law enforcement personnel who are not employed by a LEA police department or who are not serving as an SRO under a MOU with a LEA.  A school district shall report electronically to the agency information relating to the use of restraint by a peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity. A report submitted under this rule must be consistent with the requirements as documented in the PEIMS Data Standards 435 Student Restraint data record. LEA police officers are licensed peace officers who are employed by a police department created by a particular LEA school board. School Resource Officers (SRO) are licensed peace officers who are employed by a state, county, or municipal law enforcement agency who provide a police presence at a school district or charter school, or at a school campus.

42. Questions???

43.  Thank You Mary MorganCindy MoorePEIMS Specialist 817-740-7618817-740-3677 mmorgan@esc11.netmmorgan@esc11.netcmoore@esc11.net