2009-2010 Student Code Of Conduct

Dear Parent and Student: The Board of Trustees and staff welcome you to the 2009-2010 school year. We are pleased that your family is a part of C-FB ISD. In C-FB ISD, we believe education is a partnership between school and home. For a partnership to be successful, strong communication between home and school is vital. The student handbook/code of conduct is an important instrument to communicate the district’s procedures and expectations. We believe that understanding these guidelines can help make the year a successful one for your family. The complete handbook/student code of conduct is on the district’s website at www.cfbisd.edu for 24-7 access. Anytime you have a question, please review the document or visit with your teacher, principal or another school staff member. You may also email questions to [email protected]. The Board of Trustees, the staff, and I encourage you to be involved in your local school and the district. We hope that you have a great school year. Sincerely,

Dr. Bobby Burns Superintendent C-FB ISD

1445 North Perry Road

1

Carrollton, Texas 75006

972-968-6100

Student Rights

Code of Student Conduct 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27.

a)

Cell Phones/Electronic Devices Policy............................................... 3 Disciplinary Interventions .................................................................... 3 General Misconduct ............................................................................... 4 Disruptions .............................................................................................. 5 Electronic Acceptable Use..................................................................... 5 Offenses to Property .............................................................................. 5 Smoking.................................................................................................... 5 Firearms & Weapons .............................................................................. 6 Threats....................................................................................................... 6 Harassment .............................................................................................. 6 Hazing....................................................................................................... 7 Optional Removal to DAEP ................................................................ 8 Required Removal to DAEP................................................................. 8 DAEP Guidelines.................................................................................... 9 Optional Expulsions from DAEP ....................................................... 9 Optional Expulsions from C-FB ........................................................ 10 Required Expulsions from C-FB......................................................... 10 JJAEP Guidelines ................................................................................... 11 Discipline Appeals................................................................................. 11 Procedures for Optional Removal...................................................... 12 Procedures for Required Removal...................................................... 12 Procedures for Emergency Placement................................................ 12 Procedures for Suspension................................................................... 13 Procedures for DAEP............................................................................ 13 Procedures for Expulsions ................................................................... 14 Glossary ................................................................................................... 15 Parent Responsibility Form ................................................................. 18

b)

c)

d)

Standards For Student Conduct Each student is expected to: a) Demonstrate courtesy and respect for others even when others do not. b) Cooperate with/assist school staff in maintaining safety, order, and discipline. c) Behave in a responsible manner, always exercising self-discipline. d) Attend all classes regularly and on time. e) Prepare for each class by bringing appropriate materials/assignments. f) Follow dress and grooming regulations as outlined. g) Respect rights and privileges of students, teachers, and District staff. h) Obey all campus and classroom rules. i) Respect property of others, including District property and facilities. j) Avoid violations of the Code of Student Conduct. A student whose behavior shows disrespect for others, including interference with learning and a safe environment, will be subject to disciplinary action.

Important C-FB Notices 1.

Optional Removal is defined as discretionary placement.

2.

Required Removal is defined as a State or District mandatory Placement.

3.

The discipline of students with disabilities who are eligible for services under federal law (Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973) is subject to the provisions of those laws.

4.

Students with disabilities are subject to applicable state and federal Laws in addition to the Code of Student Conduct. To the extent any Conflict exists, state and/or federal law will prevail.

5.

Senate Bill 1, Chapter 37, as passed by the 74th Legislature, Establishes the following academic provisions for students placed in the District Discipline Alternative Education Program (DAEP). The program will consist of English/Language Arts, Mathematics, Science, History, and Self Discipline. DAEP students work on individualized curriculum correlated to the home school curriculum. Each student works under direct supervision of a certified classroom teacher. Additionally, group activities led by the teacher are designed to teach students new ways of thinking and behaving to enhance their self-discipline.

6.

The Board of Trustees has entered into a joint memorandum of understanding with the county juvenile board outlining all issues pertinent to the interaction between the juvenile board and the school district in the operation of the Juvenile Justice Alternative Education Program. The objective of the program is to help students achieve behavioral and academic improvement and provide an effective education program. Details of this relationship are defined in agreements available for public inspection upon request to the Superintendent of schools.

All students are entitled to enjoy the basic rights of citizenship, which are recognized and protected by laws of this country and state for persons of their age and maturity. Students are obligated to respect the rights of classmates, teachers, and other school personnel. District schools will foster a climate of mutual respect for the rights of others. Such an environment will enhance the educational purpose for which the District exists and the educational program designed to achieve that purpose. All District personnel will recognize and respect the rights of students, just as all students will exercise their rights responsibly, with due regard for the equal rights of others in compliance with the rules and regulations established for the orderly conduct of the educational mission of the District. Students who violate the rights of others or who violate the rules and regulations of the District or of their school are subject to appropriate disciplinary interventions designed to correct their own misconduct and to promote adherence by them and by other students to the responsibilities of citizens in the school community.

District Discipline Authority THE BUILDING ADMINISTRATOR HAS THE FINAL DECISION IN ALL BUILDING-LEVEL CONSEQUENCES School rules and the authority of the District to administer discipline apply whenever the interest of the school is involved on or off school grounds in conjunction with or independent of classes and schoolsponsored activities. The District has disciplinary authority over a student: a) When the student steps onto the campus, during the regular school day and/or while the student is going to and from school on District transportation. b) During lunch periods in which a student is allowed to leave campus; c) While the student is participating in any activity during the school day on school grounds; d) While the student is in attendance at any school-related activity, regardless of time or location; e) For any school-related misconduct, regardless of time or location. f) When retaliation against a school employee or volunteer is involved, either on or off school property; g) When the student commits off-campus felonies under certain circumstances as provided by Texas Education Code; h) When criminal mischief is committed on or off school property or at a school-related event; i) On any property that the District owns, leases and/or jointly maintains or j) When the student commits certain offenses within 300 feet of school property. A school administrator will report crimes as required by law. A school administrator who suspects that a crime has been committed on campus will report the offense to local law enforcement.

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Cellular Telephones, Pages, Beepers 1.

2. 3. 4.

5. 6. 7.

The District prohibits students from using paging devices, cell phones, or any other telecommunication devices during the school day. This does not include an amateur radio under the contol of an operator who holds an amateur radio station license issued by the Federal Communications Commission. The school day will be defined by the principal. Paging devices, cell phones, or any other telecommunication device should not be in use, visible, or audible. Students who violate this policy shall be subject to established disciplinary measures. District employees shall confiscate any paging devices, cell phones, or other telecommunication devices in use, visible, or audible found on school property during the school day. A person who views, hears or discovers a student using a paging device, cell phone or other telecommunication device during the school day in violation of this policy shall report the violation to the principal, who shall order a peace officer or appropriate school official to confiscate the paging device, cell phone, or other telecommunication device. Confiscated paging devices, cell phones, or telecommunication devices may be returned to the student or parent at the end of the school day after a payment of a $15.00 administrative fee. Payment must be in the form of cash or a money order. [Board Policy FNCE Legal/Local] Should there be persistent noncompliance, (persistent is defined as two or more violations) the paging device, cell phone, or other telecommunication device will be returned at the end of the semester after payment of a $15.00 administrative fee. Payment must be in the form of cash or a money order. [Board Policy FNCE Legal/Local] Campus administrators shall have the discretion to determine the appropriate use of cellular phones and pagers/beepers for students participating in extra-curricular activities while on school property or while attending school-sponsored or school-related activities on or off school property.

Electronic Devices 1. 2. 3. 4. 5.

Radios, tape or CD players, digital music players, or digital or tape recorders are not to be visible, audible or in use at anytime during the school day. Students who violate this policy shall be subject to established disciplinary measures. Should there be persistent noncompliance, (persistent is defined as two or more violations) students may have their radio, tape players, digital music players, or digital or tape recorders confiscated until the end of the semester. Students are not permitted to be in the possession of laser pointers or laser-beam lighters. The school will confiscate these items. For disposal refer to Board Policy FNCE Local

The school assumes no responsibility for lost or stolen telecommunication or electronic devices. Disciplinary Interventions Disciplinary interventions will draw on the professional judgment of teachers and administrators and on a range of discipline management techniques. Teachers and administrators shall consider intent or lack of intent of the misconduct at the time the student engaged in the conduct. The teacher and administrator shall consider the misconduct, or action, based on the following criteria and apply the appropriate intervention based on professional judgment. Interventions will be correlated to the seriousness of the offense, District Code of Student Conduct, and statutory requirements as well as the student’s age and grade level, the frequency of misbehavior, the student’s attitude, the effect of the misconduct on the school environment, the student’s disability, and claims of self-defense. In addition, several schools use the “Make Your Day” discipline management system which has its own levels of consequences and rewards. The school will contact parents with the rules and procedures connected with this program. Because of these factors, discipline for a particular offense (unless otherwise specified by law) may bring into consideration varying techniques and responses. A student who violates campus or classroom rules that are not Code of Student Conduct violations may be disciplined by one or more discipline management techniques. For these violations, the teacher is not required to make a Code of Student Conduct Violation report, and the principal is not required to notify parents. General misconduct will result in application of one or more discipline management techniques. When students violate the Code of Student Conduct, there will be consequences. One or more disciplinary interventions in this section will be used based on the severity of the behavior violation. State law requires that the Code of Student Conduct violation be reported to the principal or other appropriate administrator who must send notification to the parent or guardian within 24 hours of receiving the report. This notification may be given to parents by phone, by letter, or in person. The following disciplinary interventions may be used alone or in combination for Code of Student Conduct and non-Code of Student Conduct Violations: a) b) c) d)

Verbal Correction Cooling off time or “timeout;” Seating changes in the classroom; Changing of dress attire;

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e) f) g)

Counseling by teachers, counselors, or administrative personnel; Parent/Teacher conferences; Temporary or permanent confiscation of items that disrupt the education process, and fees may be required for the return of those items (i.e. telecommunications devices); h) Temporary placement in another classroom or other assigned area; i) Grade reductions for cheating, plagiarism, and late work; j) Rewards or demerits; k) Behavioral contracts; l) Assigned duties other than class tasks; m) Sending the student to the office n) Detention; o) In-school-suspension; p) Out-of-School Suspension; q) Disciplinary Alternative Education Placement; r) Loss of credit for not meeting attendance requirements; s) Withdrawal of privileges including but not limited to participation in extra-curricular activities and ineligibility to seek and/or hold honorary offices, or graduation ceremony; t) Techniques or penalties identified in individual student organizations’ extra-curricular standards of behavior; u) Withdrawing or restricting bus privileges; v) School-assessed and school-administered probation; w) Referral to outside agency and or legal authority for criminal prosecution in addition to disciplinary measures imposed by the District x) Other strategies and consequences as specified by the Code of Student Conduct or Campus Discipline Management Plan other Extra-curricular Codes of Conduct. THE BUILDING ADMINISTRATOR HAS THE FINAL DECISION IN ALL BUILDING-LEVEL CONSEQUENCES In deciding whether to order out-of-school suspension, placement at the DAEP or expulsion, the district will take into consideration: • Self-defense (see glossary) • Intent or lack of intent at the time the student engaged in the conduct, and • The student’s disciplinary history.

General Misconduct In addition to the policies outlined in this guide, students at school or school-sponsored activities are prohibited from: 1. Disobeying the clinic/medication policy on taking prescription drugs and over-the-counter drugs at school. 2. 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 or over the counter drugs on school property or at a school-related event. 3. Cheating or copying the work of another or any form of forgery. 4 Throwing objects. 5. Insubordination, which is failing to comply with lawful directives issued by school personnel, including the refusal to accept discipline management techniques assigned by a teacher or administrator, school policies, rules, and regulations. 6. Stealing/Theft. 7. Committing extortion or blackmail. 8. Committing or assisting in a robbery that does not constitute a felony according to the Texas Penal Code. 9. Engaging in misconduct on school buses as defined by District policies and regulations. 10. Fighting/Scuffling. 11. Bullying including intimidation. (see glossary) 12. Name-calling, derogatory statements, religious, ethnic or racial slurs; hate language; obscene or inappropriate gestures, writings or drawings. 13. Profanity/Vulgar language. 14. Retaliation. 15. Behaving in any way or bringing, possessing, or using any item that disrupts the school environment or educational process or is deemed inappropriate by school personnel, including but not limited to: ammunition, laser pointer, matches, lighters, pyrotechnical devices, mace, pepper spray, mercury and/or any other hazardous material. 16. Violating any safety rules, campus and classroom rules; or extracurricular standards of behavior. 17. Posting, selling, circulating or distributing non-school material without prior approval from administration. 18. Repeatedly violating the Code of Student Conduct, or all other communicated campus or classroom standards of behavior (persistent misbehavior – see glossary.) 19. Leaving school grounds or school-sponsored events without permission. 20. Gambling or any other form of wagering.

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21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31.

Engaging in inappropriate physical or sexual contact, including public display of affection Violating dress and grooming standards. Tardiness/Truancy/Persistent non-attendance. Possessing, using, giving, or selling paraphernalia related to any prohibited substance. Engaging in threatening behavior toward another student or District employee on or off school property. (Risk assessment required)* Using e-mail or Web sites at school to encourage illegal behavior or threatening school safety. Criminal mischief not punishable as a felony. Gang paraphernalia or any other indication of gang-related behavior. Falsification of records, passes, or other school-related documents. Harassment of a student, teacher or other District personnel or volunteer. Engaging in conduct that constitutes dating violence, including intentional physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control another person with whom the student has/ has had a dating relationship.

Disruptions [GENERAL MISCONDUCT] 1. 2.

3. 4. 5. 6. 7. 8.

Conduct by students either in or out of class which for any reason—whether because of time, place, or manner of behavior-materially disrupts class work, or involves substantial disorder, or invasion of the rights of others is prohibited. Student demonstrations and similar activities will be prohibited when there is evidence which may reasonably lead school authorities to forecast substantial disruption of, or material interference with, normal school operations or approved school activities. The evidence must support a “reasonable forecast of substantial disruption” of school operations; “undifferentiated fear” or mere apprehensions of disturbance are not sufficient to justify restrictions on students’ otherwise legitimate right to freedom of expression. Interfering with an authorized activity by seizing control of all or part of a building. Using force, violence or threats to cause disruption during an assembly, or any other authorized school activity. Interfering with the movement of people at an exit or an entrance to District property. Engaging in any misbehavior that gives school officials reasonable cause to believe that such conduct will substantially disrupt the school program or incite violence. Possessing published or electronic material that may promote or encourage violence, inappropriate or illegal behavior or threaten school safety. Intentionally disrupting, preventing, or interfering with the transportation of children to and from school or a school-sponsored activity on a vehicle owned by the District. (TEC 37.123, 37.124, 37.126)

[Behaviors listed above may be considered a violation of the Texas Education Code and may result in a citation being issued to a student by a law enforcement agency.] Students who participate in any prohibited activities are subject to disciplinary action based on the severity of the violation and its overall effect upon the welfare of other students and not on the number of disciplinary actions a student has.

Electronic Acceptable Use [GENERAL MISCONDUCT] Using the District computer network inappropriately, including but not limited to: 1. Using the network for illegal activity. 2. Using the network to access obscene or pornographic material. 3. Posting harassing messages. 4. Attempting to circumvent the security provisions of another computer on the Internet. 5. Sending messages under another user’s name or anonymously. 6. Using any unacceptable, obscene, or objectionable information, language or images.

Offenses to Property [GENERAL MISCONDUCT] 1. 2.

Students shall not litter, deface, damage, or otherwise vandalize any property, including furniture and other equipment with graffiti or other means, belonging to or used by the District or owned by others while at school or at a school-sponsored activity. According to law, parents/guardians of students who damage school property are liable for these damages. Students shall be responsible for the care and return of state-owned textbooks and will be charged for lost textbooks. All individuals are subject to provisions of Texas State Law.

Smoking [GENERAL MISCONDUCT] 1. 2. 3. 4.

State law prohibits all students from smoking at school or at any school-related activity. Students shall not possess or use tobacco products, including but not limited to, cigarettes, cigars, pipes, snuff, or chewing tobacco, on/off school property or adjacent property, or at any school-related/sanctioned activity. Students shall not possess matches, lighters, cigarette papers or related paraphernalia. Students shall not possess or use look-alike tobacco products. Texas Education Code 38.006, Health & Safety Code 161.252, Texas Penal Code 48.01

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Firearms & Weapons (Risk assessment required)* 1. 2. 3. 4. 5.

A student shall not knowingly, intentionally, or recklessly go onto the school premises or attend a school-sponsored activity with a firearm, explosive weapon or knife unless pursuant to written regulations or written authorization of the District. The student shall not interfere with normal activities, occupancy, or use of any building or portion of the campus by exhibiting, using, or threatening to exhibit a firearm, explosive weapon, or knife (Penal Code 46.01, 46.03, 46.11; Education Code 37.125). Vehicles, backpacks, and purses on school premises may be inspected by school personnel if there is reasonable suspicion to believe they contain weapons. A student commits an offense if he intentionally, knowingly, or recklessly possesses or enters a school or school-related activity with a firearm, illegal knife, club, or prohibited weapon listed in the Texas Penal Code §46.05 (a) [explosive weapon, machine gun, short barrel firearm, firearm silencer, switchblade knife, armor-piercing ammunition, chemical dispensing device, or zip gun]. Additionally, students may not bring the following to school or a school-related activity:

Optional DAEP 6.

i. ii. iii. iv.

Pyrotechnic devices; Razors/blades; Any knife having a blade less than 5 ½ inches long, including pocket knives; Any other object, including school supplies, used in any way that may threaten or inflict bodily injury to another person or that is identified as inappropriate by school personnel.

The possession or use of articles not generally considered to be weapons may be prohibited when the principal or designee determines that a danger exists for any student, school employee, or school property by virtue of possession or use, including but not limited to: a) Laser pointers; b) Look-alike” weapons, including but not limited to, starter guns, air guns, BB/pellet guns, or ammunition

Threats Students are prohibited from: 1. Making bomb threats. (Risk assessment required)* 2. Making false threats, hoaxes, or accusations regarding school safety. (Risk assessment required)* 3. Pulling a fire alarm in the absence of fire. 4. Discharging a fire extinguisher. 5. Committing extortion, coercion, or blackmail (obtaining money or another object of value from an unwilling person), or forcing an individual to act through the use of force or threat of force. 6. Engaging in verbal, oral or written exchanges that threaten the safety of self, another student, a school employee, or school property. (Risk assessment required)* 7. Name-calling, ethnic or racial slurs, derogatory statements (written or verbal) or gestures that school officials have reason to believe will substantially disrupt the school program or incite violence. 8. Making a terroristic threat:: a person commits a terroristic threat if he threatens to commit any offenses involving violence to any person or property with intent to: a. Cause a reaction of any type to his threat by an agency organized to deal with emergencies; b. Place any person in fear of imminent serious bodily injury; or c. 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 any form of conveyance, or public place, or cause impairment or interruption of public communications, public transportation, public water, gas or power supply, and other public service (Texas Penal Code 22.07). d. Place the public or a substantial group of the public in fear of serious bodily injury. e. Influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state (including the District). 9. Making hit lists (see glossary) *Risk assessment is required in order to help students. It is not used to determine punishment. Qualified District personnel give a series of questions to students who have shown behavior that could or has harmed others. The risk assessment is done so that the District will know what kind of help the student needs to change his/her behavior and to make school safe.

Harassment

It is the policy of this District to maintain a learning environment that is free from harassment because of an individual’s race, color, sex, national origin or, disability. The District prohibits discrimination, including harassment, against any student on the basis of race, color, religion, gender, national origin, disability, or any other basis prohibited by law. It shall be a violation of District policy for any student, teacher, administrator, or other school personnel of this District to harass a student through conduct of a sexual nature, or regarding race, color, sex, national origin, disability or any other basis that is prohibited by law, as defined by this policy.

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It shall also be a violation of District policy for any teacher, administrator or other school personnel of this District to tolerate sexual harassment or harassment because of a student’s race, color, sex, national origin or disability, as defined by this policy, by a student, teacher, administrator, other school personnel, or by any third parties who are participating in, observing, or otherwise engaged in activities, including sporting events and other extra-curricular activities, under the auspices of the District. For purpose of this policy, the term “school personnel” includes school board members, school employees, agents, volunteers, contractors, or persons subject to the supervision and control of the District. The District will act to promptly investigate all complaints, formal or informal, verbal or written, of harassment because of race, color, sex, national origin or disability; to promptly take appropriate action to protect individuals from further harassment; and if determining that unlawful harassment occurred, to promptly and appropriately discipline any student, teacher, administrator or other school personnel who is found to have violated this policy, and/or to take other appropriate action reasonably calculated to end the harassment. A. Sexual Harassment For purposes of this policy, sexual harassment of a student consists of unwelcome and unsolicited sexual advances, sexually intimidating conduct, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature whether the person is of the same sex or the opposite sex when: 1 A school employee or causes a student to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program or activity, or when an employee or third party agent of the school district causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct; or 2 A school employee participates in overtly flirtatious behavior with students; 3. The unwelcome sexual conduct is so severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive educational environment. Sexual harassment of a student, including harassment committed by another student, includes unwelcome sexual advances; requests for sexual favors; or sexually motivated physical, verbal, or nonverbal conduct when the conduct is so severe, persistent, or pervasive that it: 1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile, or offensive educational environment; 2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; or 3. Otherwise adversely affects the student’s educational opportunities. Examples of conduct which may constitute sexual harassment may be found at CFBISD online Policy FFH. B. Harassment based upon Race or Color, Religion, National Origin or Ethnicity or Disability. For purposes of this policy, harassment of a student consists of verbal or physical conduct relating to an individual’s race or color, religion, national origin or ethnicity, or disability when: 1. The harassing conduct is sufficiently severe, persistent or pervasive that it affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening or abusive educational environment; 2. The harassing conduct has the purpose or effect of substantially or unreasonably interfering with an individual’s academic performance; or 3. The harassing conduct otherwise adversely affects an individual’s learning opportunities. Examples of conduct which may constitute sexual harassment may be found at CFBISD online Policy FFH. “Harassment” also includes threatening to cause harm or bodily injury to another student; causing physical damage to the property of another student; subjecting another student to physical confinement or restraint; or maliciously taking any action that substantially harms another student’s physical or emotional health or safety.

Hazing 1.

2.

Hazing means any intentional, willful, knowing or reckless act directed against a student by one person alone or acting with others for the purpose of subjecting the other student(s) to indignity, humiliation, intimidation, physical abuse, or threats of abuse, social or other ostracism, shame or disgrace, endangering the mental, emotional, or physical health or safety of a student for the purpose of being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students. No student shall engage in any form of hazing, nor shall any student encourage or assist any other person in hazing. Consent by the victim does not shield persons from disciplinary action nor criminal penalties. Acts of hazing and failure to report known hazing can result in criminal penalties, as well as discipline. (Texas Education Code §37.151). The term “hazing” includes, but is not limited to: a) Any kind of brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity. b) Any type of physical activity, such as sleep deprivation, exposure to the elements, and confinement in small spaces, calisthenics, or any other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental, emotional, or physical health and/or safety of the student.

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c)

Any activity involving consumption of food, liquid, alcoholic beverages, liquor, drugs, or other substances that subjects the student to an unreasonable risk of harm or that adversely affects the mental, emotional, or physical health and/or safety of the student. d) Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from remaining registered in a District school or that may reasonably be expected to cause a student to leave the organization or the school rather than submit to the acts described above. e) Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Texas Penal Code.

OPTIONAL REMOVAL TO THE DISTRICT DISCIPLINE ALTERNATIVE EDUCATION PROGRAM 1. 2. 3. 4. 5. 6. 7. 8.

Involved in any offense or policy violation listed as General Misconduct. Involved in any persistent and/or serious misbehavior. (See Glossary for definition) Selling, giving, delivering, manufacturing, or using any substance deemed inappropriate by administration. Being under the influence of any substance (legal intoxication not required), which alters normal mental or physical faculties. Inappropriate display of private body parts through such acts as mooning, flashing, or inappropriately revealing attire. Possessing or using any knife including a pocketknife. (Risk assessment required)* Possessing, distributing, or accessing pornographic or lewd materials in any media format. Possessing or selling any “look-alike” weapons including but not limited to: starter guns, air guns, BB/pellet guns, or ammunition. (Risk assessment required)* 9. Engaging in conduct that occurs off school property and not at a school-sponsored or school-related event, and that results in the Superintendent or designee having reasonable belief that the student has engaged in conduct defined as a felony offense other than those defined as a Title 5 felony; and the continued presence of the student in the regular classroom threatens the safety of other students, teachers or would be detrimental to the educational process. [Texas Education Code §37.006 D(1)(2)] 10. Assault [Texas Penal Code §22.01 (a) (2)(3)] (Risk assessment required)* a) Intentionally or knowingly threatens another with imminent bodily injury. b) Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. 11. Being required to register as a sex offender without any form of court supervision. Removal required if the student’s presence in the regular classroom threatens the safety of other students or teachers; will be detrimental to the educational process; or is not in the best interest of the District’s students. 12. Regardless of whether placement or expulsion is required or permitted by one of the reasons listed in the DAEP Placement sections, in accordance with TEC 37.0081, a student may be expelled and placed in either DAEP or JJAEP if these circumstances exist: a) Have deferred prosecution for conduct defined as Title 5 felony. b) Have been found by a court/jury (or referred to juvenile court) to have engaged in delinquent conduct as defined as a Title 5 felony. c) Have been charged with engaging in conduct defined as a Title 5 felony. d) Have received probation or deferred adjudication or have been arrested for, charged with, or convicted of a Title 5 felony offense. This placement is regardless of date or location of the conduct, whether the student was enrolled in the district when it occurred, or whether the student successfully completed any court disposition requirements in connection with the conduct.

REQUIRED REMOVAL TO THE DISTRICT’S DISCIPLINE ALTERNATIVE EDUCATION PROGRAM (DAEP) A. Engaging in conduct that under the Texas Penal Code constitutes a false alarm or report OR terroristic threat involving a public school, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off school property. B. Commits the following on or within 300 feet of school property, as measured from any point on the school’s real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property: 1. a. Engages in conduct punishable as a felony; b. Engages in conduct that contains the elements of the offense of assault [Texas Penal Code §22.01 (a) (1)] * 2. Possessing, using, selling, giving, delivering, conspiring OR attempting to possess, use, sell, give, deliver, conspire or be under the influence of (legal intoxication not required) any of the following substances on school premises during any school term or off school property at a school-sponsored activity, function, or event: (Note: felony offenses are expellable). • Any controlled substance or dangerous drug as defined by law including, but not limited to: marijuana, controlled substances, dangerous drugs, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate. • Alcohol or any alcoholic beverage. • Commits a serious act or offense while under the influence of alcohol. • Engages in conduct that contains the elements of an offense relating to an abusable volatile chemical. • Any other intoxicants, mood changing, mind altering, or behavior altering drugs.

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• •

Possessing or selling seeds or pieces of marijuana in less than a useable amount. The possession, delivery, use or selling of “look-alike” drugs or items attempted to be passed off as drugs and contraband. 3. Engaging in conduct that contains the elements of the offense of public lewdness or indecent exposure under the Texas Penal Code. 4. Selling, giving, delivering, possessing, manufacturing, or using any form of drug paraphernalia. 5. Failing to report potentially serious, dangerous and/or threatening activity to school or police authorities. 6. Participating or behaving as a member or pledge, joining, or soliciting another person to become a pledge or member of a public school fraternity, sorority, secret society, or gang. A second gang affidavit within 2 years shall result in mandatory placement in DAEP. C. Engaging in conduct punishable as a Title 5 Felony (offense against a person) that occurs off school property but not at a school-sponsored or school-related event, and that results in one of the following: 1. The student receives deferred prosecution/adjudication. 2. A court or jury finds the student has engaged in delinquent conduct. 3. The superintendent or designee determines there is reasonable belief that the student has engaged in the conduct. D. Being required to register as a sex offender and being under any form of court supervision (at least one semester removal required). E. Assault without injury of a school employee under Texas Penal Code §22.01 (a)(2)(3) against a school employee will result in a placement of 90 actual, successful school days at the DAEP. F. Engages in conduct on or off of school property that contains the elements of the offense of retaliation under Texas Penal Code §36.06 against any school emp0loyee.

DISCIPLINE ALTERNATIVE EDUCATION PROGRAM GUIDELINES

Elementary 1. Placement for all optional referrals: a) 1st placement: Minimum of 15 successfully earned days. b) 2nd or subsequent placements within the same school year: Minimum of 30 successfully earned days. 2. Placement for all required referrals: Minimum of 30 successfully earned days. 3. If a student who has engaged in conduct warranting placement in DAEP withdraws from the District before a placement order is completed, the District will complete the proceedings and issue a placement order. 4. Students are released on Fridays only after documented success in attendance, behavior and academics. Placement may be lengthened by the DAEP Principal to provide the student extended opportunities to internalize positive behaviors. 5. Students on a 2nd placement within the same or subsequent school year on a 30 day placement will be allowed early release if they meet grade, attendance, discipline, and counseling criteria. Students may reduce their placement time by five (5) days if they attend a minimum of three District-approved counseling programs along with their parents. 6. Students who are placed in DAEP by another school district and transfer into the District will successfully serve the number of days assigned to them by their former school.

Middle & High School 1. 2. 3. 4. 5. 6. 7.

Placement for referrals: a) First time optional referrals: Minimum of 30 successfully earned days. b) First time required referrals: Minimum of 30 successfully earned days. Second or subsequent optional and required referrals within the same school year: Minimum of 45 successfully earned days. If a student who has engaged in conduct warranting placement in DAEP withdraws from the District before a placement order is completed, the District will complete the proceedings and issue a placement order. Students are released on Fridays only after documented success in attendance, behavior and academics. Placement may be lengthened by the DAEP Principal to provide the student extended opportunities to internalize positive behaviors. Only four basic courses are offered: English, Social Studies, Math, and Science. There are no electives, honors, pre-AP or AP (Advanced Placement) courses provided. Consequently, students will not receive credit in these classes. The State does not require these courses in a Discipline Alternative Education Program. Students on a 45 day placement will be allowed early release if they meet grade, attendance, discipline, and counseling criteria. Students may reduce their placement time by five (5) days if they attend a minimum of three District-approved counseling programs along with their parents. Students who are placed in DAEP by another school district and transfer into the District will successfully serve the number of days assigned to them by their former school up to 30 days.

OPTIONAL EXPULSIONS FROM DISCIPLINE ALTERNATIVE EDUCATION PROGRAM ( DAEP) A student who engages in persistent/serious misbehavior or behavior that if at a home campus could result in DAEP placement while placed in DAEP may be expelled from DAEP .

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DAEP Persistent Misbehavior (Including, but not limited to:) a) b) c) d) e) f) g) h) i) j)

Engaging in conduct that constitutes criminal mischief; Vandalism; Extortion, coercion or blackmail; Aggressive, disruptive action or group demonstration that substantially disrupts or materially interferes with school activities; Hazing; Sexual harassment of a student or District employee; Profanity, vulgar language, or obscene gestures directed toward teachers or other school employees; Falsification of records, passes, or other school-related documents; Possessing, distributing or accessing pornographic or lewd materials in any media format; Fighting

DAEP Serious Misbehavior (Including, but not limited to:) a) b) c) d) e) f)

Assault of a teacher or other individual; (Risk assessment required)* Retaliation against a school employee; (Risk assessment required)* The use, gift, sale, delivery, possession, or being under the influence (legal intoxication not required) of alcohol, marijuana, other controlled substances, dangerous drugs or abusable glue or volatile chemicals; Aggressive action that poses a direct threat to the health or safety of others; (Risk assessment required)* Public lewdness/indecent exposure; or Terroristic threat, false alarm or report;

OPTIONAL EXPULSIONS FROM CARROLLTON-FARMERS BRANCH Within 300 feet of school property as measured from any point on the school’s real property boundary line or while attending a schoolsponsored or school-related activity on or off school property. 1. Selling, giving, delivering to another person, possessing, using, or being under the influence (legal intoxication not required) of any amount of marijuana or controlled substance, a dangerous drug or alcoholic beverage. 2. Deadly Conduct. 3. Engages in conduct that contains the elements of an offense relating to an abusable volatile chemical. These offenses are expellable without regard to where the conduct occurs. 1. A student who engages in expellable conduct on school property or a school-sponsored/school-related event of another school district in the State of Texas. 2. Engaging in conduct that under the Texas Penal Code constitutes a false alarm or report OR terroristic threat involving a public school. 3. A student engages in obstruction or retaliation against a school employee (Penal Code 36.06) or a volunteer as a result of the person’s employment or association with the District (Texas Education Code 37.007 (d). (Risk assessment required)* 4. Criminal Mischief if punishable as a felony.

REQUIRED EXPULSIONS FROM CARROLLTON-FARMERS BRANCH Within 300 feet of school property as measured from any point on the school’s real property boundary line or while attending a schoolsponsored or school-related activity on or off school property. 1. Committing a serious act or offense while under the influence of alcohol or drugs, if the behavior is not punishable as a felony. (TEA 54) 2. Aggravated assault or assault (including retaliation) against a school employee, volunteer, or professional providing services to the District. [TEC 37.007 (b) 2 (C)] [Penal Code 22.01 (a) (1)] A person commits the offense if the person: intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse. (Risk assessment required)* (TEA 29-30) 3. Using, exhibiting, or possessing a firearm*, illegal knife, a club, or prohibited weapon as defined by state and/or federal law. (Risk assessment required)* (TEA 11,12,13, or 14) 4. Committing arson or offenses that contain the elements of arson. (TEA 16) 5. Committing indecency with a child, aggravated kidnapping, manslaughter, criminally negligent homicide, aggravated robbery, or injury to a child. (TEA 18,19,27,48,46) 6. Murder, capital murder, or criminal attempt to commit murder or capital murder. (TEA 17) 7. Continuous Sexual abuse of a young child or children under Texas Penal Code A student who participates in conduct that contains the elements of aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, criminal attempt to commit murder or capital murder, aggravated robbery, or organized criminal activity against another student, shall be expelled without regard to where the conduct occurs. (TEA 29-32,17,46)

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*Unless the use, exhibition, or possession of the firearm occurs at an off-campus approved target range facility while participating in or preparing for a schoolsponsored shooting sports competition or education activity. If the student commits any of the following offenses on school property or while attending a school-sponsored or school-related activity on or off school property: 1.

Selling, giving, delivering, possessing, using, or under the influence (legal intoxication not required) of marijuana, a controlled substance, dangerous drug, or alcoholic beverage; or committing a serious act or offense while under the influence (legal intoxication not required) of alcohol, if punishable as a felony. (TEA 36-37)

2.

Bringing to school a firearm as defined by federal law. (Risk assessment required)* (TEA 11) Firearm under federal law includes: a) Any weapon (including a starter gun) that will or is designed to or that may readily be converted to expel a projectile by the action of an explosive. b) The frame or receiver of any such weapon. c) Any firearm muffler or firearm silencer. d) Any destructive device, such as an explosive, incendiary or poison gas bomb or grenade. Use, exhibition, or possession of the following, under the Texas Penal Code: a) A firearm (Penal Code Section 46.01(3). (see glossary) (TEA 11) b) An illegal knife (Penal Code Section 46.01(6). (see glossary) (TEA 12) c) A club (Penal Code Section 46.01(1). (see glossary) (TEA 13) d) A prohibited weapon (Penal Code Section 46.05). (see glossary) (TEA 14) Behavior containing the elements of the following under the Texas Penal Code: a) Aggravated assault (Penal Code Section 22.02), sexual assault (Penal Code Section 22.011), or aggravated sexual assault (Penal Code Section 22.021). (TEA 30-31) b) Arson (Penal Code Section 28.02). (see glossary) (TEA 16) c) Murder (Penal Code Section 19.02), capital murder (Penal Code Section 19.03), or criminal attempt to commit murder or capital murder (Penal Code Section 15.01). (TEA 17) d) Manslaughter (Penal Code Section 19.04). (TEA 47) e) Criminal negligent homicide (Penal code Section 19.05). (TEA 48) f) Indecency with a child (Penal Code Section 21.11). (TEA 18) g) Aggravated kidnapping (Penal Code Section 20.04). (TEA 19) h) Aggravated robbery (Penal Code Section 29.03). (TEA 46) Retaliation against a school employee combined with one of the above-listed offenses on or off school property or at a school-related activity. (TEA 08)

3.

4.

5.

Expulsions (6 to 9 years of age) Students between 6 and 9 years of age who commit expellable offenses will be placed in the Disciplinary Alternative Education Program. Students younger than 6 years of age who bring firearms as defined under the Penal Code shall be placed in the DAEP.

Juvenile Justice Alternative Education Guidelines 1. 2. 3. 4. 5.

Expulsion placements shall not be less than 90 successful school days and terminate at the closest grading period only after documented success in attendance, behavior, and academics. State and federal law require a student to be expelled from the regular classroom for a period of at least one calendar year for bringing a firearm, as defined by federal law, to school. Only four basic courses are offered: English, Social Studies, Math, and Science. There are no electives, honors, pre-AP or AP (Advanced Placement) courses provided. Consequently, students will not receive credit in these classes. The State does not require these courses be provided in a Juvenile Justice Alternative Education Program. If a student who has engaged in conduct warranting placement in JJAEP withdraws from the District before a placement order is completed, the District will complete the proceedings and issue a placement order. The district will continue the expulsion of any newly enrolled student expelled from another district or an open-enrollment charter school until the period of the expulsion is completed.

Discipline Appeals Suspensions (In/Out-of-School) Building-level decisions shall not be appealed.

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Discipline Alternative Education Placement (DAEP) The student’s parent/guardian may appeal the disciplinary intervention resulting from the Level I Conference by filing an appeal on the District form to the Office of Student Services by the close of the following school day. The student must enroll at DAEP during the appeal process. The disciplinary decision of the Level 2 hearing officer shall be final and shall not be appealed. Juvenile Justice Alternative Education Placement (JJAEP) 1. The student’s parent/guardian may appeal the disciplinary intervention resulting from the Level I Hearing by filing an appeal on the District form to the Office of Student Services by the close of the following school day. The student must enroll at JJAEP during the appeal process. 2. If the outcome of the expulsion appeal hearing with the District’s hearing officer is not to the student’s parent/guardian’s satisfaction, the student’s parent/guardian may submit to the Superintendent, within 7 days after receipt of the written Level 2 Expulsion Appeal Hearing decision, a written request to place the matter on the agenda of the next scheduled Board meeting.

Procedures for Removal Optional Removal

General misconduct violations will not necessarily result in the required removal of the student from class or another placement, but may result in a routine referral, required removal, or the use of one or more discipline management techniques.

Required Removal

Required removal, if initiated by a teacher, will occur if: The student’s behavior has been documented by the teacher as repeatedly interfering with the teacher’s ability to teach class; or 2) The behavior is so unruly, disruptive, or abusive that the teacher cannot teach and the students in the classrooms cannot learn. Any removal of a student by a teacher requires that the teacher report the offense to the principal or appropriate administrator. The principal or appropriate administrator will then send a copy of the report to the student’s parent or guardian within 24 hours of receiving the teacher’s report.. A teacher or administrator must remove a student from class if the student engages in behavior for which the Texas Education Code requires the student to be placed in a Disciplinary Alternative Education Program and/or suspended. A teacher or administrator may remove a student from class for behavior for which the District has determined a student may be placed in a Disciplinary Alternative Education Program and/or suspended. Within three (3) school days of receiving a Code of Student Conduct violation report, the principal or appropriate administrator will schedule a conference with the student’s parent/guardian, the student, and the teacher in the case of a teacher removal. At the conference, the principal or appropriate administrator will inform the student of the misconduct for which he or she is charged and give the student an opportunity to give his or her version of the incident. The principal or appropriate administrator will notify the student of the consequences of the Code of Student Conduct violation. l)

When a student is removed from the regular classroom by a teacher and a conference is pending, the principal may place a student in: a) Another appropriate classroom, or b) In school suspension, c) Out of school suspension, d) A Disciplinary Alternative Education Program. (If removal involves a student with disabilities who receives special education services, the term of the student’s removal is subject to the requirements of federal law.) When a student has been formally removed from class by a teacher, the principal may not return the student to the teacher’s class without the teacher’s consent; unless the Placement Review Committee determines that the teacher’s class is the best or only alternative available. (TEC 37.002, 37.003) When a student has been formally removed from class by a teacher for conduct against the teacher containing the elements of assault, aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, or criminal attempt to commit murder or capital murder, the student may not be returned to the teacher’s class without the teacher’s consent.

Emergency Placement 1) 2)

Emergency placement may be ordered to DAEP by an appropriate administrator when a student is so unruly, disruptive, or abusive that the student’s presence seriously interferes with a teacher’s ability to communicate effectively with the students in a class, with the ability of the student’s classmates to learn, or with the operation of school or a school-sponsored activity. When an emergency placement occurs, the student will be given a verbal notice of the reason for the action. Within five (5) school days after the emergency placement, the student will be given appropriate due process required for placement in a Disciplinary Alternative Education Program. If emergency placement/assignment involves a student with disabilities who receives special education services, the term of the student’s emergency removal is subject to the requirements of federal law.

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SUSPENSION Suspensions are building-level decisions and shall not be appealed. The building level administrator has the final decision in buildinglevel interventions. 1) 2) 3) 4)

State law allows a student to be suspended (out of school) for up to three (3) school days per offense, with no limit on the number of times a student may be suspended in a semester or school year. A student who is to be suspended will be given an informal conference by the principal or appropriate administrator advising the student of the conduct with which he or she is charged and giving the student the opportunity to explain his or her version of the incident. The duration of a student’s suspension, which cannot exceed three (3) school days, will be determined by the appropriate building administrator. Any restriction on participation in school-sponsored or school-related extra-curricular and non-extra-curricular activities will be determined by the principal or appropriate administrator. (TEC 37.005)

Removal to a Disciplinary AEP 1. 2.

3. 4.

5. 6. 7. 8. 9. 10. 11.

12. 13. 14. 15.

The Board delegates the authority to remove a student to a Disciplinary Alternative Education Program (DAEP) to the building administrators. If a student has been convicted of or placed on deferred adjudication for sexual assault or aggravated sexual assault against another student on the same campus, and if the victim or the victim’s parents request that the Board transfer the offending student to another campus, the offending student shall be transferred to another campus in the district. If there is no other campus in the district serving the grade level of the offending student, the offending student will be transferred to a DAEP. Within three (3) school days of receiving the Code of Student Conduct violation report, the administrator will schedule a conference with the student’s parent/guardian, other appropriate administrators, and the student. Until a conference can be held, the appropriate administrator may place the student in: a. Another appropriate classroom, b. In-school suspension, c. Out-of-school suspension. At the conference, the student is entitled to written or oral notice of the reason for removal, an explanation for the basis of removal, and an opportunity to respond to the reasons for removal. At the end of or following the conference, and whether or not each requested person is in attendance after valid attempts to require attendance are made, the administrator shall order the placement as provided by the Code of Student Conduct. Following valid attempts to require attendance, the district shall hold the conference and make a placement decision regardless of whether the student or the student’s parents/guardians attend the conference. Parental appeals regarding disciplinary measures shall be addressed to the Office of Student Services and in accordance with Policy FOC (Local). Pending any appeal, the student shall enroll at the Disciplinary Alternative Education Program (DAEP) as determined. Students assigned to the Disciplinary Alternative Education Program shall not be allowed on any school campus or property, other than the Disciplinary Alternative Education Program campus. These students are also prohibited from attending any school-sponsored or school-related event or activity, whether on or off campus. Violators will be subject to criminal prosecution and disciplinary action. If a student placed in a DAEP for an off-campus (more than 300 feet) felony is later found not guilty or charges are dropped the Superintendent or designee shall schedule a review of the placement with the student’s parent or guardian. Decisions to continue DAEP placement may be appealed to the C-FB Board of Trustees. Any student placed in a DAEP will be provided a review of the student’s status, including academic status, by the DAEP administrator at intervals not to exceed 120 calendar days. In the case of a high school student, the Board’s designee, with the student’s parent or guardian, shall review the student’s progress toward meeting the high school graduation requirements and shall establish a specific graduation plan for the student. At the review, the student or the student’s parent or guardian must be given the opportunity to present arguments for the student’s return to the regular classroom or campus. For placement in a DAEP to extend beyond the end of the school year, the administration must determine that: d. The student’s presence in the regular classroom or campus presents a danger of physical harm to students or others, OR e. The student has engaged in serious or persistent misbehavior that violates the Code of Student Conduct. For seniors who are eligible to graduate and are placed in a DAEP at the time of graduation, the last day of placement in the program may be the last instructional day and the student may be allowed at the administration’s discretion to participate in the graduation ceremony and related graduation ceremonies. (Unless otherwise specified in the DAEP placement order.) If a student moves into the District after having been placed in a DAEP in another district, the administrator will continue the DAEP placement according to C-FB placement guidelines. If a student withdraws from C-FB before starting or completing the DAEP placement and returns during the school year, the student will be placed in the DAEP to complete the assigned term of placement.

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Expulsion 1. 2.

3.

4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

14. 15. 16.

The Board delegates to the administration the authority to expel students. The principal or other appropriate administrator will schedule a hearing within a reasonable time with the student’s parent, the teacher, and the student. The student’s parent will be invited in writing to attend the hearing. Until a hearing can be held, the appropriate administrator may place the student in: a. Another appropriate classroom, b. In-school suspension, c. Out-of-school suspension. A student facing expulsion will be given appropriate due process as required by the Federal Constitution. The student is entitled to: a. The right to be represented by the student’s parent/guardian or another adult who is not a district employee who can provide guidance to the student. b. An opportunity to testify and to present evidence and witnesses in the student’s defense. c. An opportunity to ask questions about the district’s evidence. No later than the second business day after a hearing, the Board’s designee will deliver to the juvenile court a copy of the order expelling the student and information required by Section 52.041 of the Family Code. Expulsion placements shall be not less than 90 successful school days and terminate at the closest grading period after the successful completion. Expelled students are prohibited from being on C-FB school grounds or attending school-sponsored or school-related activities during the period of expulsion. No district academic credit will be earned for work missed during the period of expulsion unless the student is enrolled in a Juvenile Justice Alternative Education Program (JJAEP). A student who has engaged in delinquent conduct that is an expellable offense and has been found to be an adjudicated delinquent will be ordered to attend the JJAEP from the date of the adjudication. Other students expelled from the district may be referred to the JJAEP. State and federal law require a student to be expelled from the regular classroom for a period of at least one calendar year for bringing a firearm, as defined by federal law, to school. However, the Superintendent or other appropriate administrator may modify the length of the expulsion on a case by case basis. The District may provide educational services to the expelled student in the Disciplinary AEP Parental appeals shall be addressed to the Office of Student Services, as appropriate and in accordance with policy FOD (Local). Pending any appeal, the student shall enroll at JJAEP. The building administrator shall inform each teacher of the conduct of a student who has engaged in any violation of mandatory expulsions. A teacher shall keep the information confidential. In an emergency, the principal or principal’s designee may order the emergency expulsion of a student when people or properties are in imminent harm. When an emergency expulsion occurs, the student will be given oral notice of the reason for the action. Within th areasonable amount of time after the emergency expulsion, but no later than the 10 day after the expulsion, the student will be given appropriate due process required for a student facing expulsion. If emergency expulsion involves a student with disabilities who receives special education services, the term of the student’s emergency expulsion is subject to the requirements of federal law. A student who is removed for emergency purposes will be released to the student’s parent/guardian, parent’s representative, medical providers, or law enforcement authorities. If a student withdraws from C-FB ISD before the expulsion hearing takes place, the District will conduct the hearing after written notice to the parent and student. If the student returns during that school year or the next school year, he/she will be expelled for the time specified in the expulsion order. Students who are expelled at the end of the school year may be expelled into the next school year to complete the term of expulsion. C-FB ISD will decide on a case-by-case basis the placement of a student who is subject to an expulsion order from another District and who enrolls in C-FB ISD. The District may continue the expulsion under the terms of the order or modify under policy FOD (Legal).

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GLOSSARY Alcoholic Beverage - Alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable for use for beverage purposes, whether alone or when diluted. [Texas Alcoholic Beverage Code 1.04 (1)] Armor-Piercing Ammunition - Handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor 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: • Any vegetation, fence, or structure on open-space land; or • Any building, habitation, or vehicle: o Knowing that it is within the limits of an incorporated city or town; o Knowing that it is insured against damage or destruction; o Knowing that it is subject to a mortgage or other security interest; o Knowing that it is located on property belonging to another; o Knowing that it has located within it property belonging to another; or o 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 - Texas Penal Code 22.01 An assault is defined as: 1. Intentionally, knowingly, or recklessly causing bodily injury to another; or 2. Intentionally or knowingly threatening another with imminent bodily injury; or 3. Intentionally or knowingly causing physical contact with another when the student knows or should reasonably believe that the other will regard the contact as offensive or provocative; or 4. Engaging in conduct that contains the elements of assault and and/or retaliation against a school employee, volunteer, or professional providing services to the District regardless of where or when the conduct occurs. Bullying – Written or oral expression or physical conduct that a school district’s board of trustees or the board’s designee determines: 1. To have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property; or 2. To be sufficiently severe, persistent, or pervasive to create an intimidating, threatening, or abusive educational environment for a student. Club - An instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to (a) blackjack; (b) nightstick; (c) mace; (d) tomahawk. [Texas Penal Code 46.01 (1)] Chemical dispensing device – 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. Controlled Substance -A substance, including a drug, an adulterant, a dilutant, and an immediate precursor, listed in Schedules I through V or Penalty Groups 1, 1-A, or 2 through 4. The term includes the aggregate weight of any mixture, solution or other substance containing a controlled substance. [Texas Health & Safety Code 481.002 (5)] Dangerous Drug - A device or a drug that is unsafe for self medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of Chapter 481 (Texas Controlled Substances Act). [Texas Health & Safety Code 483.001 (2)] Deadly Conduct – (Texas Penal Code Section 22.05) • A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury. • A person commits an offense if he knowingly discharges a firearm at or in the direction of: one or more individuals; or a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied. • Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded. 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.

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Delinquent conduct - Conduct that violates either state or federal laws 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 - 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, or for the principal purpose of causing such a load report as to cause undue public alarm or terror, and includes a 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: • Cause action by an official or volunteer agency organized to deal with emergencies; • Place a person in fear of imminent serious bodily injury; or • Prevent or interrupt the occupation of a building, room, or place of assembly. Firearm (Federal) - Under Federal statute means (a) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (b) the frame or receiver of any such weapon; (c) any firearm muffler or firearm silencer; or (d) any destructive device. [18 U.S.C. 921 (a) (3)] Firearm (State) - Under Texas statute, means 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. [Texas Penal Code 46.01 (3)] Gang – An organization that seeks to advance its interests by illegal and/or violent means. In determining the identity of gangs and associated attire, the school district will consult with local law enforcement authorities and will update this rule periodically. Gang participation - Behavior that has been associated with fraternities, sororities, secret societies, and/or gang activity. The behavior may include, but is not limited to: wearing gang colors, showing gangs signs, gang graffiti, tattoos, and gang-related drawings. Students do not have to be a member or an associate of a gang to violate this provision. Graffiti - Making marks on tangible property of the owner without the effective consent of the owner. The markings may include inscriptions, slogans, drawings, or paintings. Hit list - a list of people targeted to be harmed, using a firearm, a knife, or any other object to be used with intent to cause bodily harm. Illegal Knife - (a) A knife with a blade over five and one half inches; (b) hand instrument designed to cut or stab another by being thrown; (c) dagger, including but not limited to a dirk, stiletto, and poniard; (d) bowie knife; (e) sword; or spear. [Texas Penal Code 46.01 (6)] Indecent Exposure - A person commits an offense if he exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act [Texas Penal Code 21.08] Knuckles - 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 - Any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger. Persistent Misbehavior - Two or more violations of the Code of Student Conduct in general or repeated occurrences of the same violation. Possession - 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. Paraphernalia (Drug) - Defined as equipment, a product, or a material of any kind that is used or intended for use in packaging, repackaging, storing, containing, or concealing an above-listed substance or in injecting, ingesting, inhaling, or otherwise introducing into the human body an above-listed substance is prohibited under this policy. Prohibited Weapon – A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells (a) an explosive weapon; (b) a machine gun; (c) a short-barrel firearm; (d) a firearm silencer; (e) switchblade knife; (f) knuckles; (g) armor-piercing ammunition; (h) a chemical dispensing device; or (i) a zip gun.

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Public Lewdness - A person commits an offense if he knowingly engages in acts of sexual intercourse, deviate sexual intercourse, and sexual contact in a public place or in a reckless manner as defined by Texas Penal Code 21.07. 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 may also 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. Self Defense – The privilege of self defense is limited. A claim of self defense in the use of physical force will not exempt a student from discipline when: • The student provokes, invites or encourages the use of physical force by another person. • The student has an opportunity to avoid physical force or to inform a school official of the threatened use of force. • The student uses physical force after the other party abandons or attempts to abandon a fight or confrontation. Serious Misbehavior - Behavior which constitutes a major disruption to the learning environment or a threat to safety and security and as otherwise defined and listed in this Code. Short-barrel firearm - 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 26 inches. Switchblade - 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. Title 5 offenses - Offenses against a person under Title 5 of the Texas Penal Code 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. Use - Includes smoking, ingesting, injecting, imbibing, inhaling, drinking, tasting or otherwise taking a substance into the body in any way while on school district premises or at school-related activities. Under the influence - The use of a substance recently enough that it is detectable by the student’s physical appearance, actions, breath, speech, or in any other manner, or by student admission. A student need not be intoxicated in order to be under the influence. Zip Gun - A device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smoothbore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

THINK COLLEGE Learn for a Lifetime

College could be your local community college, a university, a career or technical school. You could be a middle-school kid, a student in high school, or an adult who would like to continue your education for a lifetime.

It’s never too early or too late to “Think College” 17

PARENT RESPONSIBILITY Please read and review this Code of Student Conduct with your child and discuss the importance of rights, responsibilities and safety information.. Sign below, tear out this page and return the page to your child’s teacher/school as soon as possible. Thank you for your support FAILURE TO COMPLETE THIS FORM DOES NOT EXCUSE THE STUDENT OR PARENT FROM PRESUMED AWARENESS OF THE ITEMS CONTAINED HEREIN. “We have received and reviewed the C-FB Code of Student Conduct. We understand that this document contains information that we will need during the school year. We understand that the student,

_____________________________________ STUDENT NAME (PLEASE PRINT)

_____________________ ID NUMBER

will be held accountable for the behavior and consequences outlined in the Code of Student Conduct at school and at school-sponsored/school-related activities (on or off campus), including school-sponsored travel, and for any schoolrelated misconduct regardless of time or location, and for certain offenses occurring at non-school times. We understand that any student who violates the Code of Student Conduct will be subject to disciplinary intervention.”

__________________________________ School name

_________ Grade

____________________________ Student signature

__________________________________ Parent/Guardian signature

_________________________2008/09 Date

__________________________________ Print parent/guardian name

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