1. STUDENT DISCIPLINE OVERVIEW
Date: 2015
Presenters:
Luis Gavito, Administrator

2. AGENDA TEC Chapter 37 Code of Student Conduct School Environment
DAEP/JJAEP Procedures
Special Education & Student Discipline
Contact Information
Resources
PEIMS Code 21
DAEP On-line Application

3. Courts & Education
Goss v. Lopez—students acquire the right to due process, 14th Amendment rights in school.
In 1995: Texas adopts TEC Chapter 37 in attempt to make student discipline more consistent across the state.

4. Education Code CHAPTER 37. DISCIPLINE; LAW AND ORDER
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

5. TEC CHAPTER 37: CODE - REQUIREMENTS
Board must adopt a Code for district
Code must be posted or made available for review
It must Specify circumstances under which a student may be removed from a classroom, campus, or DAEP;
Specify procedures for removal of students

6. CODE Outline conditions under which a student may be suspended;
Include notification procedures of a student’s parent/guardian of a violation of the Code that results in suspension, removal to DAEP, or expulsion
Address bullying, harassment, date violence, & hit lists.

7. Code (2011)
T.E.C (a)(4) REQUIRES the exercise of discretion with regard to every decision regarding suspension, DAEP, expulsion to JJAEP.
The Code must specify that consideration will be given as a factor in each decision regardless of whether the decision concerns a mandatory or discretionary action to:

8. Code - factors (A) self-defense;
(B) intent or lack of intent at the time the student engaged in the conduct;
(C) a student’s disciplinary history; or
(D) a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.

9. INTENTION …. FAILURE TO COMPLY REFUSAL TO COMPLY
Does not imply any specific intention or motivation
Suggests an oppositional intention
Inattentive – did not hear or did not understand instructions
Attentive – did hear and did understand – wants control
Forgot or did not know the rule
Wants to avoid the work
Slow to react or to start
Wants attention

10. Texas Abandons Zero Tolerance (2011) T.E.C. 37.001(a)(4)
As such, Texas is NOT a zero tolerance state!
As such, HISD is NOT a zero tolerance district!

11. YOU HAVE A CHOICE!
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.

12. TEC Chapter 37 – NOTE TEC CHAPTER 37 IS ABOUT EDUCATION AND SCHOOL
SAFETY – NOT ABOUT
CRIME AND PUNISHMENT.

13. CODE/37 MANDATORY LANGUAGE
Mandatory language still persists in the statute and in the Code
“required” or “shall”?????
Administrators are “required” to address and report certain offenses, but not required to remove….again, PEIMS Code 28.

14. PEIMS Action/Consequence Code 28
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.

15. Implications of The Law
Do not focus on the misbehavior in isolation…
Look at the whole student, the whole situation… progressive discipline
Make an informed decision…
CONSIDER ALL ALTERNATIVES…
Establish clear behavior goals and expectations for students & staff.
Keep students in school!

16. Challenged to Change the Culture
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….. (skills deficit????)

17. Function of Behavior 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)
(Teaching Function of Behavior to All Staff A School-wide Intervention - Chris Borgmeier, PhD Portland State University)

18. Why did they do it?
Obtaining attention from adults/peers –
TO GET SOMETHING
Escape from difficult task or non-desired activity –
TO AVOID SOMETHING
The following is what happens if we are not familiar with the function of behavior or we only react to the misbehavior and not the situation

19. Incident Description: Skipping; returned by HPD.
xxxxxxx
Dec 02, 2014
Level 3
Wxxxxx D; Sxx, xxmer; Wxxxxn, Dxxxe L; Gxxx, RxxM; Pxxx, Sxxxn C
21-Code of Conduct Violation
05-SUSP Out-of-School Susp
Incident Description:
Skipping; returned by HPD.
Action
Action step(s)
Target start date
Target end date
xxxx M
05-SUSP Out-of-School Susp
Suspended
12/03/2014
12/05/2014
xxxxx C
xxubas, xer
Wxxtx, Dxxxx L
Wxxn, Axxx D

20. Consequences…
Unfortunately, the easiest consequence is the one most likely to be delivered -- ‘what happened, who is to blame, what punishment or sanction is needed?’
A restorative process is initially viewed as more cumbersome, more time-consuming -- ‘What happened, what harm has resulted and what needs to happen to make things right?’ (Jeffrey Sprague, Ph.D. 2014)
Does this act of discipline provide access to opportunity, or shut off such access? (Discipline Disparities: A Research-to-Practice Collaborative 2014)

22. Discipline/TEAM-BASED
“Discipline” means to train (someone) to obey rules or a code of behavior - synonyms: train, drill, teach, school, coach
All disciplinary consequences should have a teaching orientation to them, otherwise they are merely punitive and may have the opposite effect we intend.
Appropriate behavior is an acquired SKILL – you cannot punish skills into students …

23. Creating safe, supportive environments – how to’s
Model appropriate behavior: all children can exhibit appropriate behavior if expectations, rules, and routines are positively stated, easy to remember, and appropriate for the environment.
Intervene early: intervene before challenging behaviors occur to make them more manageable and less likely to escalate.
Rethink Student Discipline
Department of Education, July 2015

24. Safe supportive environments:
Differentiate approaches: just as it is good practice to differentiate instruction to meet the individual needs of students, so too is it important to use a diverse range of supportive strategies with students.
Use research- and evidence-based interventions proven to be effective.
Rethink Student Discipline
Department of Education, July 2015

25. Safe, positive environments
Data should drive decision making: use data collection systems to monitor students’ engagement and behavior so that interventions can be developed and deployed effectively.
Regularly engage the student’s family.
Rethink Student Discipline
Department of Education, July 2015

28. TEC 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 mis-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.

29. THE HISD CODE
“Each student in the Houston ISD public schools is responsible for exhibiting the highest standards of behavior to create a positive and welcoming school atmosphere.  The HISD Code of Student Conduct defines system-wide expectations for student behavior and provides means for constructive student-administrator relationships.”
HISD Student Congress

30. CODE - Things to Remember
Board approved to Establish 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..)

31. CODE - BULLYING RESOURCE: http://stopbullying.gov/
Have procedures in place
VERBAL ABUSE vs BULLYING
Prevention begins with School Climate
On-line training
RESOURCE:

32. Bullying – Required School Action
Immediate action taken to investigate and determine what happened.
The inquiry must be impartial, prompt, and complete.
Written documentation must be completed.
Interviews must be conducted with targeted students, offending students, all witnesses, and parents.
Targeted students and parents must be informed of the steps taken to resolve the issues.
Follow up must be done with the students and parents to ensure it has been resolved.

33. Sec Removal by Teacher
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.

34. Sec Removal by Teacher
(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 determines that such placement is the best or only alternative available.

35. Section
Sec 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…)

36. Section
Sec 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 .

37. REVISIONS To Code FOR 2015
The Overview of Responsibilities and the responsibility of students was modified to establish more positive overall expectations for student behavior in response to recommendations from the HISD Student Congress
“Failure to protect individual computer account passwords” was changed to “Disclosure or sharing of individual computer account passwords.”

38. REVISIONS FOR 2015
Inappropriate display of affection was modified to indicate that the provision should be equitably enforced without regard to sexual orientation, gender identity or gender expression.
Revocation of school-choice transfers as a result of placement in a DAEP was modified consistent with current practice to clarify that transfer students remain on the campus that accepted the transfer for the duration of the school year, unless statute or board policy requires the permanent removal of the student from his/her school of choice.

39. REVISIONS FOR 2015
Cheating, plagiarism, or copying the work of other students was modified to provide notice that the infraction includes failure to comply with test security procedures and a prohibition on the use of cell phones and electronic devices during testing.
A provision was added “requiring” the removal to a DAEP for possessing, selling, giving, delivering, using or being under the influence of designer drugs, synthetic marijuana, synthetic cannabinoids (e.g. “K2” and “Spice”), stimulants (e.g. “bath salts”), or analogs of any controlled substance, regardless of whether currently scheduled or classified as an illegal drug under state or federal law and regardless of whether the substance is legally sold or marketed for another purpose, such as “herbal incense,” “bath salts” and is labeled “not for human consumption.”

40. REVISIONS FOR 2015
Provisions on Sexual Harassment/Sexual Abuse/Dating Violence have been modified to clarify duties with regard to the investigation and notification of the Title IX Coordinator so that the procedures are more closely aligned with regulatory guidance regarding response to Title IX complaints of discrimination on the basis of sex.

41. Removal To A DAEP (consequence of last resort)
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.
NOTE: SUSPENSIONS also REQUIRE NOTIFICATION

42. 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…

43. Discipline Record - Chancery
Administrator’s responsibility to designate reason/action codes to be used.
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

45. Review – School Office

47. Be Specific
Gun/weapon: describe firearm/weapon, loaded?, ammunition?, where/how was it found, intent? Other student’s involved? Arrested? Victims?
Drugs: what was the controlled substance? Misdemeanor/felony? Inent?
Assaults: contact/verbal/with bodily injury? Employee/student? Arrest? What happened?

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

49. Suspensions - NOTE
“Informal suspension” is prohibited (e.g. parent told to keep child at home until school figures things out and without an official suspension letter).
“Extended suspension” due to the parent’s failure to attend a conference with school officials is prohibited.

50. 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 ((a)(4)
*documentation from a
law enforcement agency is
required for many
Level 4 offenses.

51. Length of Placement 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…

52. 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…)

53. 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
Dropout Prevention
(BEA MARQUEZ)

54. 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

55. 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.
SPECIAL EDUCATION

56. 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,

57. Beechnut Academy Staff
Patrice Grovey – HISD Coordinator
Beechnut Academy (Campus #303)
7055 Beechnut, 77074
CAMELOT SCHOOLS OF TEXAS

58. Beechnut Academy HISD Contacts: Patrice Grovey pgrovey1@houstonisd.org
Telephone Numbers or ; FAX
Claudia Coronado – (student information rep)
BA CONTACTS: BEECHNUT ACADEMY –
Records Requests & FAX: Route # 9

59. Contacts 713-434-5294 (fax) Special Education
A PLACEMENT ARD must be held.
HISD Alternative Schools Special Education Senior Manager:
(fax)
ELEMENTARY DAEP – ELLIOT ELEMENTARY

60. Referral Contact – Before Approval & DISCIPLINE QUESTIONS
Luis Gavito –
OFFICE PHONE:
FAX:
HISD PUBLIC PORTAL > DEPARTMENTS > STUDENT DISCIPLINE

61. 84th Legislature
SB 107 requires the designation of an administrator on each campus as a campus behavior coordinator who is responsible for :
maintaining student discipline;
implementing progressive discipline management techniques as appropriate; and,
promptly notifying parents of major sanctions such as suspension, DAEP placement or expulsion.

62. PEIMS REASON CODE 21 WHY THE CONVERSION SY 2014-2015
30,332 resulted in OSS, of these, 24,315 = Reason Code 21 = 80%
35,032 resulted in ISS, of these, 33,823 = Reason Code 21 = 97%
2,453 resulted in DAEP, of these, 1,148 = Reason Code 21 = 47%

63. STUDENT DISCIPLINE WEBSITE

66. Thank you Luis Gavito, Administrator lgavito@houstonisd.org
Lisa Perez, Coordinator
Student Support Services