INTRODUCTION TO DISCIPLINE
Updated February 2, 2004
Campus Discipline Persons

The persons responsible for discipline are staff, faculty, and administrator. Duties shall include the authority to:

1. Assess and implement the campus discipline management
program, classroom discipline plan.
2. Remove a student from campus for emergency reasons.
3. Refer students to school-community guidance centers, if
available.
4. Remove students to alternative education programs/TANK.
5. The authority to suspend a student; the suspensions may not
exceed three school days.
6. Only the principal and the superintendent are authorized to
expel students.

GENERAL GUIDELINES FOR
ASSESSING DISCIPLINE PENALTIES

Discipline management techniques are available when assessing penalties for violations of the code of conduct. Discipline management techniques shall include:

In general, discipline will be designed to correct misconduct and to encourage all students to adhere to their responsibilities as citizens of the school community. Disciplinary action will draw on the professional judgment of teachers and administrators and on a range of discipline management techniques. Disciplinary action will be correlated to the seriousness of the offense, the student’s age and grade level, the frequency of misbehavior, the student’s attitude, the effect of the misconduct on the school environment, and statutory requirements. Because of these factors, discipline for a particular offense (unless otherwise specified by law) may bring into consideration varying techniques and responses.

For rule violations that are not also violations of the Student Code of Conduct, the teacher is not required to make a Student Code of Conduct violation report, and the principal is not required to notify parents. The following discipline management techniques may be used – alone or in combination – for misbehavior violating the Student Code of Conduct or campus or classroom rules:

 Oral correction
 Cooling – off time or “time-out.”
 Seating changes within the classroom
 Counseling by teachers, counselors or administrative
personnel
 Parent-teacher conferences.
 Temporary confiscation of items that disrupt the
educational process.
 Rewards or demerits
 Detention
 Behavioral contracts
 Sending the student to the office or other assigned area
 Out-of-school suspension
 Placement in a disciplinary Alternative Education Program
 Assignment of school duties such as scrubbing desks
or picking up litter.
 Withdrawal of privileges, such as participation in extra-
curricular activities and eligibility for seeking and holding
honorary officer, and/or membership in school sponsored clubs or organizations.
 School-assessed or restriction of bus privileges
 Corporal punishment
 Referral to outside agency and/or legal authority for criminal prosecution in addition to disciplinary measures imposed by the District.
 Other strategies and consequences as specified by the Student Code of Conduct.
 Expulsion

Parental questions or complaints regarding disciplinary measures should be addressed to the teacher or campus administration, as appropriate. A copy of this policy may be obtained from the principal’s office or the central administration.
Consequences will not be deferred pending the outcome of a grievance.
Each handicapped student’s Individual Education Plan (IEP) shall address the student’s specialized needs on the discipline, including which discipline management techniques can appropriately be used with the student.

NOTIFICATION REQUIREMENTS

Required Notification to Principal of Offenses

A teacher with knowledge that a student has violated the student Code of Conduct shall file with the school principal or other appropriate administrator a written report, not to exceed one page, documenting the violation. Notification of an offense should be as detailed as possible. No formal administrative action will be taken or files placed in students records without appropriate paperwork.

Required Notification to Parent or Guardian

The principal or other appropriate administrator shall send a copy of the report o the student’s parents or guardians within 24 hours.

PLACEMENT OF STUDENTS WITH DISABILITIES

Only a duly constituted admission, review, and dismissal committee ay make the placement of a student with a disability that receives special educational services. “Placement in this code refers to any change in a student’s IEP lasting more than ten consecutive school days.

A student with a disability who receives special education services may not be placed in alternative education programs solely for educational purposes if the student does not also meet the criteria for alternative placement under the “Mandatory Student Removal to an Alternative Education Program” section below under REMOVAL FOR CERTAIN CONDUCT OF THE “mandatory Student Expulsion” section under EXPELLABLE OFFENSES.

PLACEMENT REVIEW COMMITTEE

The school shall establish a three-member committee to determine placement of a student when a teacher refuses the return of a student to their class and make recommendations to the district regarding readmission of the expelled student. The teacher refusing to readmit the student may not serve on the committee.

Committee 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
administrative staff of the campus.

HEARINGS AND REVIEW

General Rule:

No hearing is required for short-term placement in the Alternative Education Program.

Except as set forth below, no formal hearing or notice to parents is required prior to the principal assigning a student to a supervised alternative education program.

Prior to making the assignment, the principal shall orally notify the student of the charge and the basis of the accusation, and give the student an opportunity to explain his/her side of the events.

The principal shall deliver to the student and the student’s parent or guardian a copy of the order placing the student in an Alternative Education Program.

Hearing Required for Certain Types of Alternative Education Placements:
No later than the third class day after the day on which the student is removed by a teacher from class the school principal shall schedule a hearing consisting of the principal, a parent, or guardian of the student, the teacher removing the student from
class and the student. The student will not be returned to the regular classroom pending the hearing. Following the hearing, and whether or not each requested person is in attendance, the principal shall order the placement of the student (as provided by the “Removal by Teacher Section”) for a period consistent with the Student Code of Conduct.

Pending the hearing, unless the student is removed under the EMERGENCY PLACEMENT OR EXPULSION provisions below, the student may be suspended for up to three days or placed in an alternative arrangement.

Hearing For Student Placement in Alternative Education Program Beyond the end of the Next Grading Period.

If the student’s placement in a alternative education program is to extend beyond the end of the next grading period, a student’s parents or guardian is entitled notice of and an opportunity to participate in a proceeding before the Board of Trustees. The Board has designated the campus principal to conduct the hearing and make a decision under this section. Any decision by the principal under this subsection is final and may not be appealed.

Pending the hearing, unless the student is removed under the EMERGENCY PLACEMENT OR EXPULSION provisions below, the student may be suspended for up to three days or placed in some alternative arrangement.

Before it may place a student in an Alternative Education Program for a period that extends beyond the end of the school year, the Board must determine that:

1. The student’s presence in the regular classroom program or at
the student’s regular campus presents the danger of physical
harm to the student or to another individual;

OR

2. The student has engaged in serious or persistent misbehavior
that violates the district’s Student Code of Conduct.

Parents Will Receive Written Notice of Student’s Placement in DAEP The Board shall set a term for a student’s placement in an Alternative Education Program.

Length of DAEP Placements To Be Set By Board

The Board shall set a term for a student’s placement in an Alternative Education Program.

120 Day Review of DAEP Placements

The Board shall provide a student placed in an alternative education program a review of the student’s status at intervals not to exceed 120 days. At the review, the student or the student’s parent or guardian must be given the opportunity to present argument for the student’s return to the regular classroom or campus.

The student may not be returned to the classroom of the teacher who removed the student without that teacher’s consent.

Expulsion Hearing and Appeals

Before a student may be expelled, the Board must provide the student a hearing at which the student is afforded appropriate due process as required by the federal constitution and which the student’s parent or guardian is invited, in writing, to attend.

At the hearing, the student must be represented by their parent or guardian or another adult who can provide guidance and who is not an employee of the school district.

Pending the hearing, unless the student is removed under the EMERGENCY PLACEMENT OR EXPULSION provisions below, the student may be suspended for up to three days or removed to an DAEP placement or some alternative arrangement.

If the decision to expel a student is made by the Board, the decision may be appealed to the Board. The decision of the Board may be appealed by trial del novo to a district court of the county in which the school district’s central administrative office is located.



Parent to Receive Written Notice of Student’s Expulsion

The Board shall deliver to the student and the student’s parent or guardian a copy of the order expelling the student. After a school district notifies the parents or guardians of a student’s expulsion, the parent or guardian shall provide the adequate supervision of the student during the period of expulsion.

Court Involvement

Notice to Juvenile Court of Expulsion and Certain Types of DAEP Headings

Not later than the second business day after the date of hearing is held under the above “HEARING” section, the District’s Board of Trustees shall deliver a copy of the order placing a student in an alternative education program or expelling a student.

Any information required under Section 52.04, Family Code will be submitted to the authorized officer of the juvenile court in the county in which the student resides, for appropriate review or juvenile court action as authorized by law.

Interrogations and Searches

School officials may search a student’s outer clothing, pockets, or property by establishing reasonable suspicion or securing the student’s voluntary consent. However, consent obtained through threat of contacting parents or the police authorities is not considered to be voluntarily given. Vehicles on school property are also subject to search.

An area such as lockers which are owned by the district and jointly controlled by the district and student may be searched if the reasonable suspicion exists to believe that contraband is inside the locker. Students shall not place, keep or maintain any article or material in school owned lockers that is forbidden by district policy or that would lead school officials to reasonably believe that it would cause a substantial disruption on school property or at the school sponsored function.


Administrators and teachers have the right to question students regarding their conduct or the conduct of others.

Police Questioning of Students

The following guidelines shall verify and record the identity of the officer or other authority and request and explanation of the need to question or interview the student at school.

1. The principal shall verify and record the identity of the officer
or other authority and request an explanation of the need
to question or interview the student at school.

2. The principal shall make reasonable efforts to notify the
student’s parent or guardian. If the interviewer raises what
the principal considers to be a valid objection to the
notification, parents will not be notified.

3. The principal shall be present during the questioning or
interview. If the interviewer raises what the principal
considers being a valid objection to a third party’s
presence; the interview shall be conducted without the
principal’s presence.

Students Taken Into Custody

Before a student at school is arrested or taken into custody by a law enforcement officer or other legally authorized person, the principal shall verify the official’s identity. The principal shall verify the official’s authority to take custody of the student and shall deliver the student.

The principal shall immediately notify the Superintendent and the parent or guardian of the student. If the officer or other authorized person raises what the principal considers to be a valid objection to notifying the parents at that time, the principal shall not notify the parents.

PHYSICAL RESTRAINT

Any district employee may, within the scope of the employee’s duties, use and apply physical restraint to a student when the employee reasonably believes it is necessary to:

1. Protect a person, including himself, from physical injury.
2. Obtain possession of a weapon or other dangerous object.
3. Protect property from serious damage.
4. Remove from a specific location a student refusing a lawful
command of a school employee, including from a class-
room or other school properties, in order to restore order
or impose disciplinary measures.
5. Restrain an irrational student.

Parent/Teacher Conferences

Conferences shall be held during each school year between a teacher and the parents of the student if the student is not maintaining passing grades or achieving the expected level of performance, or presents some other problem to the teacher.

A teacher or other school employee shall attempt to conduct the conference face-to-face, but when impractical, it may be conducted by telephone. If these methods fail, a letter will notify the parents. The district shall document its attempts to schedule and conduct the required parental conference.

Jurisdiction

The District has jurisdiction over its students during the regular school day and while traveling to and from school on district transportation. The district’s jurisdiction includes any activity during the school day on school grounds, including 300 feet off school grounds; attendance at any school-related activity, regardless of time or location; and any school-related misconduct, regardless of time or location.

DRESS CODE

Students are expected to exercise discretion in grooming or dress so that the education process will not be disrupted. Dresses, slacks, skirts, trousers, jeans, shorts, shirts and blouses are acceptable wear for school. Any type of clothing that distracts students from their work or creates tensions or disturbances within the student body is prohibited. Specific dress requirements are listed below:

1. Students are not to wear rollers, bandannas, sweatbands
nylon stocking, wavers or elastic type headgear. No straws,
plastic ware or toothpicks are permitted outside the
cafeteria.
2. All skirts, dresses and shorts must be mid-thigh or lower
length (top of knee). No skirt or dress will have a slit any
higher than mid-thigh. Clothing that has been modified in
any revealing manner shall not be allowed.
3. No articles of clothing or hair designs can have advertising
for tobacco, alcohol or any prohibited substance.
4. Students may not wear any article or hair design containing
obscene, vulgar, profane, or suggestive language or images
that represent membership in gangs or private societies.
Only straight parts will be allowed to be cut in hair.
5. No tanktops, bare midriffs, spaghetti straps, mesh shirts,
low cut necklines, strapless, or backless attire is permitted.
The cut of sleeveless garments must not expose under-
garments and must fit appropriately around arms.
Sports jerseys must have a shirt underneath due to large
armholes. All shirt tails must exceed three inches below
the student’s natural waistline.
6. No visible undergarments. Trench coats are not permitted.
7. No toboggans, caps, hats, earmuffs, sunglasses, gloves,
headbands or scarves are permitted to be worn inside the
buildings, unless prior approval from the office.
8. No watch pocket chains, billfold chains, chain or spiked
jewelry, hair picks are permitted. Excessively large or baggy
clothes shall not be worn. Grooming in the classroom is
prohibited.
9. Visible body piercing will be limited to ears only.
10. There will be no biking shorts, tight fitting shorts, see
through clothing or any other revealing garments.
11. No Low Rider pants, shorts or skirts.
12. Beachwear is prohibited. No flip-flops or sandals during PE. Students must dress appropriately for PE. Appropriate dress includes comfortable shoes that allow the student to participate in movement activities safely. Students should bring appropriate shoes for PE class.
CONTINUED ON NEXT PAGE

13. Due to continuing changes in fashions and styles the
principal or designated administrator retains the right
to determine the suitability of attire for school wear.


Generally students should wear clothes which are safe, do not disturb or distract other students and are appropriate for weather conditions and for learning. School dress code applies to all school related events.

Back Packs

The principal or designated individual(s) reserves the right to inspect any back pack at any time.

Electronic Devices

Students are not allowed to bring beepers, cell phones, laser pointers, headphones, radios, CD’s, electronic games or computer games that distract students. If a student brings a prohibited electronic device to school it will be confiscated, a $15.00 fine assessed and the parent will be responsible for picking it up.

DISCIPLINE MANAGEMENT POLICY

Purpose: The purpose of this code is to establish a system of prohibitions, penalties and correctional measures to deal with conduct that is inappropriate or detrimental to the educational process or jeopardizes the health, welfare or moral of students, teachers, staff, employees and community.

Definitions: The rule that a written offense is to be strictly defined or interpreted does not apply to this policy. The provisions of this code shall construe according to the fair import of their terms, to promote justice and effect the policy objectives.

Culpability: A student commits an offense if he intentionally, knowingly, recklessly or with negligence engages in conduct listed in the discipline management policy.

Classification of Offenses: Offenses are categorized according to the relative seriousness of the offense into four levels:

Level 1 Teacher Intervention
2 Administrative Intervention
3 Administrative Repeat Intervention
4 Central Office Intervention
Cheating, Plagiarism and late work are usually handled with teacher Intervention and result in a grade reduction.

Consequences

A student whose behavior shows disrespect for others, including interference with learning and a safe environment, will be subject to disciplinary action.

School rules and the authority of the District to administer discipline apply whenever the interest of the District is involved, on or off school grounds, in conjunction with or independent of classes and school-sponsored activities.

The District has disciplinary authority over a student:

1. During the regular school day and while the student is
going to and from school on District transportation;
2. During lunch periods in which a student is allowed to leave campus;
3. Within 300 feet of school property;
4. While the student is in attendance at any school-related activity regardless of time or location;
5. For any school-related misconduct, regardless of time of location
6. When retaliation against a school employee or volunteer occurs or is threatened, regardless of time or location;
7. when the student commits a felony, as provided by Texas Education Code 37.006; and
8. when criminal mischief is committed on or off school property or at a school-related event.

The District has the right to search a vehicle driven to school by a
student and parked on school property whenever there is reason-
able cause to believe it contains articles or materials prohibited
by the District.

The District has the right to search a student’s locker, clothing or
backpack whenever there is reasonable cause to believe
that it contains articles or materials prohibited by the District.


A school administrator will report crimes as required by law.
A school administrator who suspects that a crime has been
committed on campus will call local law enforcement.

The District has the right to revoke the transfer of a transfer
student for violating the District’s Student Code of Conduct.

Behaviors

Each student is expected to:
 Demonstrate courtesy even when others do not.
 Behave in a responsible manner, always exercising self-discipline.
 Attend all classes, regularly and on time.
 Prepare for each class; take appropriate materials and
assignments to class
 Meet District and campus standards of grooming and dress
 Obey all campus and classroom rules
 Respect the rights and privileges of other students and of teachers and other District staff
 Respect the property of others, including District property and facilities.
 Cooperate with and assist the school staff in maintaining safety, order and discipline
 Avoid violations of the Student Code of Conduct

Ordinary Punishment:
Category 1 - Minor classroom infractions will be in
accordance with the teacher’s classroom
management plan.

All other level one infractions and second
infractions will be written notification to
the administration, parental contact by the
teacher, discretionary administration discipline action.
Category 2 - Punishment deemed appropriate by the
administrator –corporal punishment or
community service


Category 3 - punishment as determined by the appropriate
administrator, infraction may result in out
of school suspension, DAEP, expulsion, TANK


Category 4 - Punishment as defined by Texas Education
code and/or state law. Expulsion, DAEP
placement, or notification of law enforcement,
arrest, or incarceration.

Category 1 Offenses

disruptive behavior failure to follow instructions
failure to dress for PE failure to work
disrespect to fellow students horseplay, running, scuffling
misbehavior incessant talking in class
throwing objects gambling
student driving violations dress code violation
littering hall/cafeteria misbehavior
public display of affection insubordination
unauthorized area violation failure to attend detention
gambling

Category 2 Offenses

repeat violation of Category l forgery
gross failure to comply misrepresentation of facts
disrespect to teacher/staff disruption out of class
throwing (dangerous object coercion
intimidation/harassment/ rude/profane language/
bullying gestures
student driving violation theft/stealing/possession of
(major) stolen property
truancy
bullying

Category 3 Offenses

repeat Category 2 violations
gross disruptive behavior
vandalism
threat to property or person or assault
truancy
violent classroom behavior
possession of fireworks of any kind, smoke or stink bombs
or any other pyrotechnic device
rude/profane language/gesture to employee
defacing or damaging school property – including textbooks
lockers, furniture and other equipment – with graffiti or
by other means
discharging of fire extinguisher
possession of pocket knife
making false accusations or hoaxes regarding school safety
forcing an individual to act through the use of force or
threat of force
committing or assisting in a robbery or theft that does not
constitute a felony according to the Texas Penal Code
(Felony robbery or theft offenses are addressed later in
the student code of conduct).
Bullying including intimidation by name-calling, using
ethnic or racial slurs, or derogatory statements that
could disrupt the school program or incite violence.
Engaging in threatening behavior toward another student or
District Employee on or off school property.
Engaging in harassment motivated by race, color, religion,
national origin, disability, or age and directed toward
another student or District employee.
Engaging in any misbehavior that gives school officials
reasonable cause to believe that such conduct will
substantially disrupt the school program or incite
violence.
Engaging in inappropriate verbal, physical, or sexual
contact directed toward another student or District
employee.
Engaging in conduct that constitutes sexual harassment
or sexual abuse whether the conduct is by word,
gesture, or any other sexual conduct, including
requests for sexual favors directed toward another
Student or District employee.
Possessing or selling look-alike drugs or items attempted
To be passed off as drugs and contraband.


Category 4 Offenses

repeat Category 3 violations bomb threat
felony criminal mischief gang violence
sexually explicit behavior non-school related felony
aggravated sexual assault extortion/blackmail
hazing arson
retaliation against school robbery
employee felony theft
use, possession or exhibition of a weapon
use, possession, distribution, sale of drugs
use, possession, distribution, sale of alcohol
false alarms or reports or a terroristic threat, including
fire arm
false accusations hoaxes regarding school safety
vandalism in excess of $1500.
Committing extortion, coercion, or blackmail (obtaining
money or another object of value from an unwilling
person.
Inappropriate or indecent exposure of a student’s
private body parts.
Possessing or selling seeds or pieces of marijuana in
less than a usable amount.
Possessing, using, giving, or selling paraphernalia related
to any prohibited substance.
Abusing the student’s own prescription drug, giving a
prescription drug to another student, or being under
the influence of another person’s prescription drug on
school property or at a school-related event.
Behaves in a manner that contains the elements of an
offense relating to abusable glue or aerosol paint or
relating to volatile chemicals.
Behaves in a manner that contains the elements of the
offense of public lewdness
Behaves in a manner that contains the elements of the
offense of indecent exposure


ALTERNATIVE EDUCATIONAL PLACEMENT

Students must be placed in an DAEP for the following offenses if committed on school property, or within 300 feet of school property or while attending a school-sponsored or school-related activity on or off school property.

1. Engages in conduct punishable as a felony.
2. Engages in conduct that contains elements of assault
(intentionally, knowingly, or recklessly causing bodily
injury to another) or a terrorist threat.
3. Sells, gives, or delivers to another person or possesses, uses,
or is under the influence of:
a. Marijuana or a controlled substance in the
amount not constituting a felony offense.
b. A dangerous drug in an amount not constituting a felony offense.
4. Sells, gives, or delivers to another person an alcoholic
beverage; commits a serious act or offense while under
the influence of alcohol; or possesses, uses, or is under
the influence of alcohol, if punishment is less than a
felony.
5. Engages in conduct that contains the elements of an offense
relating to aerosol glue or paint or other volatile chemicals.
6. Engages in conduct that contains the elements of the offense
of public lewdness or indecent exposure.
7. Retaliates against a school employee, when not combined
with another offense, either on or off school property.


EXPULSION
Behaviors

A student must be expelled for the following offenses committed on school property or while attending a school-sponsored or school-related activity on or off school property that require expulsion:

1. Use, exhibition, or possession of:
a. A firearm as defined by Texas Penal Code.
b. An illegal knife as defined by Texas Penal
Code (5 ½ inched) or by local policy.
c. A club as defined by Texas Penal Code
d. A prohibited weapon as listed in Texas Penal
Code
2. Retaliation against a school employee in connection with one
of the offenses listed in ½ above, whether committed on or
off school p0roperty or at a school-related activity.
3. Conduct containing the elements of:
a. Aggravated assault, sexual assault, or
aggravated sexual assault under Texas
Penal Code
b. Arson under the Texas Penal Code
c. Murder, capital murder, or criminal
attempt to commit murder or capital
murder under Texas Penal Code
d. Indecency with a child under Texas Penal
Code
e. Aggravated kidnapping under Texas Penal Code
f. Conduct related to an alcohol or drug
offense that is punishable as a felony

State law prohibits students placed in a disciplinary Alternative Education Program for mandatory removal
reasons from attending or participating in school sponsored or school-related extracurricular or non-
curricular activities during the period of placement, including seeking or holding honorary positions and/or
membership in school-sponsored clubs and organizations.

Students who commit offenses that require placement in a disciplinary Alternative Education Program
at the end of one school year may be required to continue that placement at the start of the next school
year to complete the assigned term of placement.

When a student violates the District’s Student Code
Of Conduct in a way that requires the student be
placed in the disciplinary Alternative Education
Program and the student withdraws from the District
before starting or completing the disciplinary
Alternative Education Program placement and returns
during the school year, that student will be placed
in the disciplinary Alternative Education Program to
complete the assigned term of placement.

A student assigned to a disciplinary Alternative
Education Program placement in another district at the
time he or she moves into the District will be placed
directly into the District’s disciplinary Alternative
Education Program.

EMERGENCY PLACEMENT. The Education Code
Allows administrators to place a student in a
disciplinary Alternative Education Program in an
emergency situation.


A student may be expelled for the following offenses if the student:

1. Sells, gives or delivers to another person or possesses,
uses, or is under the influence of:
a. Any amount of marijuana or a controlled
substance in an amount not constituting a
felony offense.
b. Any amount of a dangerous drug in an
amount not constituting a felony offense.
2. Sell, give or deliver to another person an alcoholic
beverage; commits a serious act or offense while under
the influence of alcohol, or possesses, uses, or is under
the influence of alcohol, if punishment is less than that
of a felony.
3. Engages in conduct that contains the elements of an offense
relating to the abuse of glue, aerosol paint or volatile
chemicals.
4. Continued serious or persistent misbehavior that violates
the district’s student code of conduct while the student
is placed in an DAEP setting.
5. Criminal mischief, if punishable as a felony, whether
committed on or off school property or at a school related
activity.

Parents have the right to request a disciplinary grievance, however, consequences will not be deferred pending the outcome
of the appeal.

 Bringing to school a firearm, as defined by federal law.
“Firearm” under federal law includes:
1. Any weapon (including a starter gun) that will,
is designed to, or may readily be converted to
expel a projectile by the action of an explosive.
2. The frame or receiver of any such weapon.
3. Any firearm muffler or firearm weapon.
4. Any destructive deice, such as any explosive,
incendiary or poison gas bomb, or grenade.
 Using exhibiting, or possessing the following, as defined by the Texas Penal Code:
1. A firearm (any device designed, made, or
adapted to expel a projectile through a barrel
by using the energy generated by an explosion
or burning substance or any device readily
convertible to that use.)
2. An illegal knife, such as a knife with a blade over
51/2 inches; hand instrument, designed to cut or
stab another by being thrown; dagger, including
but not limited to a dirk, stiletto, and poniard;
bowie knife; sword; or spear.
3. A club such as an instrument specially designed
made, or adapted for the purpose of inflicting
serious bodily injury or death by striking a
person with the instrument, including a
blackjack, nightstick, mace and tomahawk.
4. A prohibited weapon, such as an explosive
weapon; a machine gun; a short-barrel firearm; a
firearm silencer; a switchblade knife; knuckles;
armor-piercing ammunition; a chemical dispensing
device; or a zip gun. (See glossary)
 Behavior containing the elements of the following offenses under the Texas Penal Code:
1. Aggravated assault, sexual assault, or aggravated
sexual assault.
2. Arson (See Glossary)
3. Murder, capital murder, or criminal attempt to
commit murder.
4. Indecency with a child.
5. Aggravated kidnapping
6. Behavior punishable as a felony that involves the
selling, giving, or delivering to another person,
possessing, using or being under the influence of
marijuana, a controlled substance, a dangerous
drug, or alcohol; or committing a serious act or
offense while under the influence of alcohol.
7. Retaliation against a school employee combined
with one of the above-listed offenses on or off
school property or at a school-related activity.

A student may be expelled for engaging in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat involving a public school (See glossary)

A student may be expelled for committing any of the following offenses on school property or while attending a school-sponsored or school-related activity on or off school property:
 Selling, giving, or delivering to another person, or possessing, using, or being under the influence of any
amount of marijuana, a controlled substance, or a dangerous drug.
 Selling giving, or delivering to another person, or possessing, using, or being under the influence of any amount of alcohol; or committing a serious act or offense while under the influence of alcohol, if the conduct is not punishable as a felony.
 Engaging in conduct that contains the elements of a offense relating to abusable glue, aerosol paint, or volatile chemicals.
 Engaging in criminal mischief, if punishable as a
Felony, whether committed on or off school property or at a school-related event.
 Engaging in conduct that contains the elements of assault under Section 22.0(a)(1) against an employee or a volunteer on school property.
 Engaging in conduct that contains the elements of assault and retaliation against a school employee or volunteer, regardless of where or when the conduct occurs.
 Engaging in serious or persistent misbehavior that violates the District’s Student Code of Conduct, while in a disciplinary Alternative Education Program. The District defines “persistent” as two or more violations of the Student code of Conduct in general or repeated occurrences of the same violation. Serious offenses include, but are not limited to, the following:
1. Vandalism
2. Robbery or theft
3. Extortion, coercion, or blackmail
4. Aggressive, disruptive action or group
demonstration that substantially disrupts or
materially interferes with school activities.
5. Hazing
6. Insubordination
7. Profanity, vulgar language, or obscene gestures
directed toward teachers or other school
employees
8. Fighting, committing physical abuse, or
threatening physical abuse.
9. Possession or distribution of pornographic
materials
10. Leaving school grounds without permission
11. Sexual harassment of a student or District
employee
12. Possession of or conspiring to possess any
explosive or explosive device.
13. Falsification or records, passes, or other
school-related documents.
14. Refusal to accept discipline management
techniques assigned by the teacher of principal.

Consequences

When a student has violated the District’s Student Code of Conduct in a way that requires expulsion from the District and the student withdraws from the District before the expulsion hearing takes place, the District will conduct the hearing after sending written notice to the parent and student. If the student returns during that school year or the next school year, he or she will be expelled for the time specified in the expulsion order.

The District will not enroll any student expelled from another district during the period of the expulsion order.

TRUANCY
Leaving campus without permission/not attending or skipping class or classes.

1. First Offense – Detention
2. Second Offense – Corporal punishment or community service
3. Third Offense – Suspension/expulsion

TARDIES

SEE HUBBARD ISD STUDENT HANDBOOK


VIOLATIONS OF LAW

Disruptive Activities – State law prohibits a student from participation in disruptive activities. That includes acting alone or with others to:
 Interfere with the movement of people in an exit,
An entrance, or a hallway of a district building
Without authorization from an administrator.
 Interfere with an authorized activity by seizing
control of all or part of a building
 Use force, violence, or threats in a attempt to prevent
Participation in an authorized assembly.
 Use force, violence, or threats to cause disruption
during an assembly
 Interfere with the movement of people at an exit or
an entrance to district property
 Use force, violence or threats in an attempt to prevent
people from entering or leaving district property without authorization from an administrator
 Disrupt classes while on district property or on public
Property that is within 300 feet of district property.
Class disruption includes making loud noises; trying to entice a student away from, or prevent a student from attending a requi8red class or activity; entering a classroom without authorization and disrupting the activity with profane language or any misconduct.
 Interfere with the transportation of students in district
vehicles
Gangs and Other Prohibited Organizations – Under State Law; a student is prohibited from membership or involvement in a public school fraternity, sorority, a secret society, or gang.

Hazing Activities – No student shall engage in any form of hazing or encourage or assist any other person in hazing. Students who engage in hazing individually either or in concert with other students, shall be subject to disciplinary action. Including suspension if the circumstances warrant. Hazing includes any willful act done by a student, either individually or with others to another student for the purpose of subjecting the other students to indignity, humiliation, intimidation, physical abuse or threats of abuse, social or other ostracism, shame or disgrace.

Teachers, administrators or other persons employed by the school district, or students who observe any other student engaged in any form of hazing or who have reason to know or suspect that a student or students intend to engage in hazing shall report that fact or suspicion to the principal or superintendent.

Alcohol, Drugs, Tobacco and Weapons – Under state and federal law, a student is not allowed to possess, sell, give away, or use alcohol, illegal drugs, tobacco products, guns or other weapons on school property or at a school related or school-sanctioned activity, on or off school property. Having one of these items in a privately owned vehicle that the student may have
driven to school and parked on district property is also prohibited.

Fighting -- The policy of the District will include a participants claim to self-defense. The proof of self-defense must be corroborated by witnesses.

First Offense – Suspension for remainder of day/parent pick
up
Second Offense –Suspension
Third Offense – DAEP minimum 30 days
Sexual Harassment

The district believes that every student has the right to attend district schools and school-related activities free from all forms of discrimination on the basis of sex, including sexual harassment. The district considers sexual harassment of students to be serious and will consider the full range of disciplinary options, up to and including expulsion, according to the nature of the offense.

All students are expected to treat one another courteously, with respect for the other person’s feelings; to avoid any behaviors known to be offensive; and to stop these behaviors when asked or told to stop. All students are prohibited from engaging in offensive verbal or physical conduct of a sexual nature directed toward another student. This prohibition applies whether the conduct is by word, gesture, or any other intimidating sexual conduct, including request for sexual favors that the other student regards as offensive or provocative.

Students and/or parents are encouraged to discuss their questions or concerns about the expectations in this area with the teacher, the principal or superintendent, who serves as the district’s Title IX coordinator. The first conference will be scheduled and held as soon as possible within 5 days of the request. The Principal or Title IX coordinator will coordinate an appropriate investigation, which ordinarily will be completed within 10 days. The student or parent will be informed if extenuating circumstances delay completion of the investigation.

The student will not be required to present a complaint to the person who is the subject of the complaint. If the resolution of the complaint is not satisfactory to the student or parent, the student or parent within 10 days, may request a conference with the superintendent of designee by following the procedure set out in Board policy FNCJ (LOCAL). If the resolution by the superintendent is not satisfactory, the student or parent may present the complaint to the Board as provided by policy.

Corporal Punishment

Corporal punishment may be used as a discipline management technique in accordance with the Student Handbook. Corporal punishment will be an option unless specifically denied by the parent or guardian in writing. Corporal punishment will be limited to spanking or paddling of the student and is governed by the following:
1. The student is told the reason for the corporal punishment.
2. The principal or designated individual may administer
corporal punishment.
3. The principal will approve the instrument.
4. Corporal punishment will be administered in the presence
of one other professional district employee and out of
view of other students.
5. Parents will be notified when a student commits an ISS
offense, whenever possible.
6. Parents will be notified prior to corporal punishment.

GLOSSARY

Armor-piercing ammunition is handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used primarily in pistols and to be used primarily in pistols and revolvers.

Arson occurs when a person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

1. Any vegetation, fence, or structure on open-space land; or
2. Any building, habitation, or vehicle:
a. Knowing that it is within the limits of an incorporated city
or town;
b. Knowing that it is insured against damage or destruction;
c. Knowing that it is subject to a mortgage or other security
interest
d. Knowing that it is located on property belonging to
another;
e. Knowing that it has located within it property belonging
to another; or
f. When the person is reckless about whether the burning
or explosion will endanger the life of some individual or
the safety of the property of another.

Assault is defined by Texas Penal Code 22.01(a)(1). A person commits an assault if the person intentionally, knowingly, or recklessly causes bodily injury to another.

Chemical dispensing device is a device other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of causing an adverse psychological or physiological effect on a human being.

Club is an instrument specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, including a blackjack, mace, and tomahawk.

Deferred adjudication may be offered to a student who is 17 or older, as an alternative to seeking a conviction in court.

Deferred prosecution may be offered to a juvenile as an alternative to seeking a conviction in court for delinquent conduct or conduct indicating a need for supervision.

Delinquent conduct is conduct that violates either state or federal law and is punishable by imprisonment or confinement in jail. Delinquent conduct also includes conduct that violates certain juvenile court orders, including probation orders. However, delinquent conduct does not include violations of traffic laws.

Explosive weapon is any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage for the principal purpose of causing such a load report as to cause undue public alarm or terror, and includes device designed, made, or adapted for delivery or shooting an explosive weapon.

False Alarm or Report occurs when a person knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he or she knows is false or baseless and that would ordinarily:
1. Cause action by an official or volunteer agency organized to
deal with emergencies;
2. Place a person in fear of imminent serious bodily injury; or
3. Prevent or interrupt the occupation of a building, room, or
place of assembly.

Graffiti is making marks with aerosol paint or an indelible marker on tangible property of the owner without the effective consent of the owner. The markings may include inscriptions, slogans, drawings, or paintings.

Harassment means repeated unwelcome and offensive slurs, jokes, or other oral, written, graphic, or physical conduct related to an individual’s race, color, religion, national origin, disability, or age that creates an intimidating, hostile, or offensive educational or work environment.

Hazing involves any knowing, intentional, or reckless act, occurring on or off the campus, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, initiation into, affiliation with, holding office in, or maintaining membership in an organization.

Knuckles is any instrument consisting of finger rings or guards made of a hard substance that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.

Machine gun is any firearm that is capable for shooting more than two shorts automatically, without manual reloading, by a single function of the trigger.

Paraphernalia is any device that can be used to inhale, ingest, inject, or otherwise introduce a controlled substance into a human body.

Possession means to have on a student’s person or in the student’s personal property, including but not limited to the student’s clothing, purse, or backpack; in any private vehicle used by the student for transportation to or from school or school-related activities, including but not limited to an automobile, truck, motorcycle, or bicycle; or any other school property used by the student, including but not limited to a locker or desk.

Reasonable belief determination can be made by the Superintendent or designee using all available information, including the information furnished under article 15.27 of the Code of Criminal Procedure. Administrators may place a student in a disciplinary alternative Education Program if they have a reasonable belief that the student engaged in felony conduct under Title 5. Administrators also may place a student in a disciplinary Alternative Education Program if they have a reasonable belief that the student committed felony conduct that is not a Title 5 offense, and the Superintendent believes the student’s continued presence in the regular classroom threatens the safety of other students or teachers, or will be detrimental to the educational process.

Short Barrel Firearm is a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a rifle or shotgun that, as altered, has an overall length of less than 25 inches.

Switchblade is any knife with a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressing a button or by the force of gravity or centrifugal force.

Terroristic threat occurs when a person threatens to commit any offense involving violence to any person or property with intent to:
1. Cause a reaction of any type to his or her threat by an
official or volunteer agency organized to deal with
emergencies;
2. Place any person in fear of imminent serious bodily injury;
3. Prevent or interrupt the occupation or use of a building;
room, place of assembly, place to which the public has
access; place of employment or occupation; aircraft,
automobile, or other form of conveyance; or other public
place; or
4. Cause impairment or interruption of public communications, public transportation, public water,
gas, or power supply other public service.

5. Place the public or a substantial group of the public in fear of serious bodily injury; or
6. Influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state, or political subdivision of the state (including the district).

Title 5 Offenses involve injury to a person and include murder,
kidnapping; sexual assault; indecency with a child; injury
to a child, an elderly person, or a disabled person;
abandoning or endangering a child; deadly conduct; terroristic threat; aiding a person to commit suicide; and tampering with a consumer product.

Under the Influence means not having the normal use of mental or physical faculties; however, the student need not be legally intoxicated. Impairment of a person’s physical and/or mental
Faculties may be evidenced by a pattern of abnormal or erratic behavior and/or the presence of physical symptoms of drug or alcohol use.

Use means that a student has voluntarily introduced into his or her body by any means a prohibited substance recently enough that it is detectable by the student’s physical appearance, actions, breath, or speech.

Zip Gun is device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.