FRENSHIP I S

Transcription

FRENSHIP I S

FRENSHIP
INDEPENDENT SCHOOL DISTRICT
2014 - 2015
STUDENT CODE OF CONDUCT
ADOPTED BY THE FISD BOARD OF TRUSTEES
JUNE 16, 2014
Table of Contents ________________________________________
Acknowlegement of Reeceipt and Understanding of the
Frenship ISD Student Code of Conduct
Family Educational Rights and Privacy Act (FERPA) and
State Law Student Directory Information Notice
Compulsory Attendance Warning
Purpose of a Student Code of Conduct .............................................................................................. 7
Expectations for Student Behavior ..................................................................................................... 7
School District Authority and Jurisdiction ......................................................................................... 7
Revocation of Transfers
Board Delegation
Prohibited Conduct ........................................................................................................................... 8
Disciplinary Consequences ............................................................................................................. 10
Physical Restraint............................................................................................................................ 12
Corporal Punishment ...................................................................................................................... 12
Detention……………………………………………………………………………………….12
In-School Suspension ..................................................................................................................... 13
Suspension ...................................................................................................................................... 13
Formal Removal from Class by Teacher .......................................................................................... 13
Searches of Property ……………………………………………………………………………………...13
Discipline Alternative Education Program ...................................................................................... 14
Expulsion ........................................................................................................................................ 19
Discipline of Students with Disabilities ............................................................................................ 23
Summer School ............................................................................................................................... 23
Discipline Policy for Bus Students ................................................................................................... 24
Frenship ISD Police Department……………………………………………..…………….……………23
Bullying……………………………………………………………………………………………………. 24
Sexual Harassment ......................................................................................................................... 25
Electronic Communication and Data Management Policy CQ (Local) .………………….…………..26
Appendices ............................................................................................................. ………………...29
Appendix A--Definitions
Appendix B--DAEP Appeal Forms
Appendix C--Expulsion Appeal Forms
Frenship Independent School District Student Code of Conduct
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STUDENT NAME (please print): ________________________ CAMPUS _______________ GRADE LEVEL _______
Acknowledgement of Receipt & Understanding
of the Frenship ISD Student Handbook and Code of Conduct
2014-2015
My child and I have reviewed, electronically, the Frenship ISD Student Handbook and the Student Code of Conduct for 2014–
2015. I understand that a paper copy of the Student Handbook and/or the Student Code of Conduct is available at my request. I
further understand that the handbook contains information that my child and I may need during the school year and that all
students will be held accountable for their behavior and will be subject to the disciplinary consequences outlined in the Student
Code of Conduct. If I have any questions regarding this handbook or the Student Code of Conduct I should direct those
questions to the principal at my child’s campus.
This form must be signed by both parent and student, detached, and returned to the campus principal
1.
I understand and consent to the responsibilities outlined in the Student Code of Conduct 2014-2015 and the Student
Handbook.
2.
I also understand and agree that I shall be held accountable for the behavior and consequences outlined in this document,
at school, and at the school sponsored and school related activities, including school sponsored travel, and for any
school related misconduct, regardless of time and location.
3.
I understand that any student who violates the Discipline Management Plan and Student Code of Conduct shall be
subject to disciplinary action as described herein.
STUDENT:
I have read the District’s Electronic Communications and Data Management policies and regulations in the Student Code of
Conduct and the information included on the page, and agree to abide by their provisions. I understand that violation(s) of these
provisions may result in suspension of system access and possible disciplinary consequences.
PARENT:
I have read the District’s Electronic Communications and Data Management policies and regulations in the Student Code of
Conduct and the information including on this page. In consideration for the privilege of using the FISD electronic
communications system and Internet Service provider (ISP) accounts, and in consideration for having access for the public
networks, I hereby release FISD, its operators, and any institutions with which they are affiliated from any and all claims and
damages of any nature arising from my child’s use of, or inability to use the system, including, without limitation, the type of
damage identified in the Electronic Communications System policy and Internet Guidelines.
______________________________________________________________________________________________________________
Parent / Guardian Signature
Date
______________________________________________________________________________________________________________
Student Signature
Date
3
FRENSHIP INDEPENDENT SCHOOL DISTRICT
Family Educational Rights and Privacy Act (FERPA)
2014-2015
RELEASE OF STUDENT INFORMATION
STUDENT DIRECTORY INFORMATION-LEGISLATIVE UPDATE [Sec. 26.013] and [SB 256]
Frenship ISD provides to the parent of each district student at the beginning of the school year:
(1) a written explanation of the provisions of the Family Educational Rights and Privacy Act of 1874
(20 U.S.C. Sec 1232g), regarding the release of directory information about the student and
(2) written notice of the right of the parent to object to the release of directory information about the
student under the Family Educational Rights and Privacy Act of 1974 (10U.S.C. Sec.1232g).
NOTICE
STUDENT DIRECTORY INFORMATION-LEGISLATIVE UPDATE
[Sec. 26.013] and [SB 256]
According to state and federal law, certain information about district students is considered directory
information and will be released to anyone who follows the procedures for requesting the information
unless the parent or guardian objects to the directory information about the student. If you do NOT want
Frenship ISD to disclose directory information from your child’s education records without your prior
written consent, you must notify the district in writing by September 12th, 2014, or within ten days after
receiving this form. Frenship ISD will honor privacy requests anytime they are received throughout the
school year. Frenship ISD has designated the following information as directory information:
•
•
•
•
Student’s name, address, telephone number, date and place of birth;
Photograph, participation in officially recognized sports, and height & weight for athletic teams;
Dates of attendance, grade level, enrollment status, honors & awards received in school, and most
recent school previously attended;
Student’s district-issued e-mail addresses (personal email addresses are not released by FISD)
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Family Educational Rights and Privacy Act (FERPA) Signature Page
2014-2015
RELEASE FORM FOR STUDENT INFORMATION
TEACHER NAME (Elementary Only): _________________________
STUDENT ID# _________________
A parent is allowed to record his/her objection to the release of all directory information of one or more specific categories
of directory information. FISD encourages parents to use this form for the written consent notification. Frenship ISD will
follow federal and state laws, as well as local district policy with regard to releasing “directory information.” Please fill out this
form for each child you have in the district.
Please check the appropriate boxes
1. Frenship ISD requests your permission to release directory information for district publications and positive
publicity Example: If you check the “yes” box in this section, your child’s name may appear in any or all of
the items listed below:
*Yearbook
*Awards
*Local News
YES
NO
*Website
*Honors
*Campus T.V. Casts
*Campus/District Newsletters
*Booster Clubs
*Team/Group Rosters
Frenship has permission to provide directory information
Frenship does not have permission to provide any directory information
2. Frenship ISD requests your permission to release directory information to any requestor in accordance with
the Texas Public Information Act. Example: If you check the “yes” box in this section, your child’s directory
information will be released to vendors, the PTA or others who may be soliciting products and services.
YES
NO
Frenship has permission to provide directory information
Frenship does not have permission to provide any directory information
3. HIGH SCHOOL ONLY: Please check the appropriate box concerning your child’s Directory information
(name, address, telephone number) to be released to:
For a military recruiter
YES
Frenship has permission to provide student’s name, address & telephone number
NO
Frenship does not have permission to provide student’s name, address & telephone number
For an institution of higher education
YES
Frenship has permission to provide student’s name, address & telephone number
NO
Frenship does not have permission to provide student’s name, address & telephone number
Parent Signature ____________________________________
Date_________________________
Parent Name Printed________________________________
THIS FORM MUST BE RETURNED TO YOUR CHILD’S SCHOOL OFFICE
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COMPULSORY ATTENDANCE WARNING
2014-2015
Student: __________________________________
Grade: _______
Age: _______
Student ID# ________________
Your child’s success in school is dependent upon many things. The greatest variable in education success is your child’s attendance in
school, each and every day. We need your assistance in assuring that your child will be in school every day. The Texas Education
Code is clear on the expectation of attendance in public school and the responsibility of the child’s parents or guardians. This notice is
to clarify those expectations.
The Texas Education Code (laws) 25.085 Compulsory Attendance law states that (a) a child who is required to attend school under
this section shall attend each school day for the entire period the program of instruction is provided. (b) Unless specifically exempted
by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in
first grade, and who has not yet reached the child’s 18th birthday shall attend school. (c) On enrollment in pre-kindergarten, a child
shall attend school.
The Texas Education Code 25.087 requires that upon your student missing a minimum of three (3) days or parts or days within a four
week period, you must be informed of the following:
(A)
It is the parent’s duty to monitor the student’s school attendance and require the student to attend
school; and
(B)
The parent is subject to prosecution under Section 25.093; and a parent conference is requested
between school officials and the parent to discuss the absences.
(C)
The fact that a parent did not receive a notice under Subsection (a) or (b) does not create a defense
to prosecution under Section 25.093 or 25.094
(D)
In this section, “parent” includes a person standing in parental relation
(E)
Parts of days can include late arrivals at the beginning of the school day and/or early student pickup.
Please be advised of the following:
25.092. Minimum Attendance for Class Credit
(a) A student may not be given credit for a class unless the student is in attendance for at least 90 percent of the days the class is
offered.
25.093. Parent Contributing to Truancy
(a) The parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the
amount of time specified under Section 25.094, the parent commits an offense and is subject to prosecution.
25.094. Failure to Attend School
(a) An individual commits an offense if the individual: (1) is required to attend school under Section 25.085; and (2) fails to attend
school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days of parts of days
within a four-week period.
We would like to avoid any unnecessary complications in your student’s academic success due to excessive absences. Please stay in
contact with your student’s home campus in any attendance issues. Please contact the school anytime your student is absent.
Your support is greatly appreciated. Please sign below and return this form with all other required paperwork to the campus principal.
________________________________________________________________________________________________________________
Student Acknowledgment
Date
Social Security / Driver’s License # (if applicable)
________________________________________________________________________________________________________________
Parent/Guardian Acknowledgment
Social Security / Driver’s License #
Date
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Purpose of a Student Code of Conduct ___________________________________
The Student Code of Conduct that follows is the District’s response to the requirements of Chapter 37 of the Texas Education Code.
The law requires the District to establish standards of student conduct and to identify the circumstances under which a student may be
removed from a classroom, campus, or alternative education program, transferred to an alternative education program, suspended, or
expelled. The law further requires the District to provide as appropriate for students at each grade level, methods, including options
for: managing students in the classroom and on school grounds, disciplining students; and preventing and intervening in student
discipline problems, including bullying, harassment, and making hit lists. The Code provides information to parents and students
regarding expectations for behavior, consequences of misconduct, and procedures for administering discipline.
The Student Code of Conduct will be displayed at each campus in the hall. This Code is not a contract and can be amended by the
District at any time. However, any change or amendment to the Code will be approved by the Board of Trustees.
Violations of the Code of Conduct are documented by teachers and other professional employees using campus discipline referral
forms. When the principal receives a referral form, he or she will make reasonable effort to notify the parent or guardian within 24
hours.
Teachers and principals may impose campus or classroom rules in addition to those found in the Student Code of Conduct. These
rules may be posted in classrooms or given to the student and may or may not also constitute violations of the Student Code of
Conduct. Parents will not necessarily be informed of classroom infractions, but will be informed of any Code of Conduct violation.
Frenship ISD Board Policy FO (LEGAL).
Expectations for Student Behavior _____________________________________________________
Each student is expected to:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Demonstrate courtesy and respect for others, even when others do not.
Behave in a responsible manner, always exercising self-discipline.
Attend all classes, regularly and on time.
Be prepared for each class; take appropriate materials and assignments to class.
Be well-groomed and dressed appropriately, as articulated in the Frenship ISD student handbook.
Obey all campus and classroom rules.
Respect the rights and privileges of other students and of teachers and other District staff and volunteers.
Respect the property of others, including District property and facilities.
Cooperate with or assist the school staff in maintaining safety, order and discipline.
Avoid violations of the Student Code of Conduct.
School District Authority and Jurisdiction ______________________________________________
The Texas Legislature has delegated the authority to manage independent school districts and discipline students to the Board of
Trustees and its employees.
The school has the authority to administer discipline whenever the interest of the school is involved, on or off school property, in
conjunction with or independent of classes and school-sponsored activities. The District’s disciplinary authority applies:
1.
during the regular school day and while the student is going to and from school on District transportation;
2.
within 300 feet of school property;
3.
while the student is participating in any activity during the school day on school grounds;
4.
during lunch (whether on or off school campus);
5.
while the student is in attendance at any school-related or school sanctioned activity of the district, regardless of time or location;
6.
for any school-related misconduct, regardless of time or location;
7.
when the student retaliates or threatens retaliation against a school employee, regardless of time and location; (retaliation: see
definition in appendix)
8.
when the district has a reasonable belief that the student has engaged in conduct that would be punishable as a felony, as provided
by Texas Education Code § 37.006 or 37.0081;
9.
when the student is involved in criminal mischief on or off school property or at a school-related event; (criminal mischief: see
definition in appendix)
10. while the student is on school property of another Texas school district or attending a school activity of a school in another Texas
school district;
11. when the student makes a false alarm or report of bombing, fire, or other emergency involving a public school, regardless of time
or location;
12. when the student makes a terroristic threat involving a public school, regardless of time or location;
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13. when the student commits aggravated robbery against another student, regardless of time or location; and
14. when the student is required to register as a sex offender.
Frenship ISD Board policy FO (LEGAL), FN (LOCAL)
The District has the right to search a vehicle driven to school by a student and parked on school property whenever there is reasonable
suspicion to believe it contains articles or materials prohibited by the District. The District also reserves the same right to search a
student’s locker when the same reasonable suspicion is present.
Revoking Transfers ________________________________________________
The District has the right to revoke the transfer of a nonresident student for violating the District’s Code of Conduct.
Board Delegation ________________________________________________
Board designates the Assistant Superintendent of Administrative Services as its designee to:
1.
2.
3.
Hear appeals of a student’s placement in the District’s DAEP, and, in accordance with Texas Education Code 37.009(a), the
decision of the Board’s designee shall be final and not subject to further appeal;
Conduct expulsion hearings in accordance with Texas Education Code 37.009(f), and any expulsion decision made by the
Board’s designee shall be subject to Board review in the manner described in this Code; and
Perform its functions in accordance with Texas Education Code Chapter 37, Subchapter I, and any decision made by the
Board’s designee shall be final and not subject to further appeal;
Prohibited Conduct ________________________________________________
A significant part of the District’s educational mission is to inculcate the habits and manners of civility and to teach students the
boundaries of socially appropriate behavior. In furtherance of this mission, students will be subject to disciplinary consequences if
they engage in any of the following prohibited conduct while they are subject to the school’s jurisdiction as described in the General
Authority section of this Code of Conduct:
Disregard for Authority
1.
Leaving school grounds or school-sponsored events without permission
2.
Lying about the conduct of other students or making false accusations about district employees
3.
Disobeying school rules on school buses
4.
Failing to comply with lawful directives given by school personnel, including by not limited to refusing to accept discipline
management techniques assigned by teacher or administrator
5.
Failing to comply with campus or district policies
6.
Truancy, i.e., skipping school or cutting class without the parent’s knowledge or permission
7.
Violating dress or grooming standards (Dress Code: see appendix for definition/regulations)
8.
Failing to report the commission of a serious offense by another student to a school official
9.
Repeatedly violating other previously communicated campus or classroom standards of behavior
10. Violating DAEP rules while assigned to the DAEP
11. Retaliating against any school employee
Mistreatment of Others
12. Bullying, including cyber-bullying, harassment, and making hit lists (cyber-bullying: see definition in appendix)
13. Conduct that can cause injury to person or property
14. 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
15. Making ethnic, racial, or religious slurs
16. Verbal abuse or derogatory or offensive remarks addressed to others
17. Hazing
18. Any misbehavior that gives school officials reasonable cause to believe that the conduct will substantially disrupt the school
program or incite violence
19. Engaging in conduct that would be aggravated assault, sexual assault, or aggravated sexual assault (assault: see definition in
appendix)
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20. Engaging in conduct that constitutes dating violence, including the intentional use of physical, sexual, verbal, or emotional abuse
to harm, threaten, intimidate, or control another person with whom the student has or has had a dating relationship as defined in
Family Code 71.0021
21. Scuffling or fighting or other inappropriate or offensive physical contact that does not meet the definition of simple assault
22. Committing an assault of any kind (assault: see definition in appendix)
23. Engaging in conduct that would be murder, capital murder, or criminal attempt to commit capital murder (Murder: see definition
in appendix)
24. Inappropriate physical or sexual contact, whether or not it is consensual
25. Engage in conduct that constitutes sexual or gender-based harassment or sexual abuse, whether by word, gesture, or any other
conduct, directed toward another person, including a district student, employee, or volunteer.
26. Inappropriate or indecent exposure or a student’s body parts (including the exposing of any part of the body required to be covered
by the Dress Code). This includes, but not limited to:
•
•
Sending or forwarding inappropriate e-mails containing offensive language
“Sexting” or using a cell phone or other personal communication device to send text or e-mail messages or
possessing text or e-mail messages containing images reasonably interpreted as indecent or sexually suggestive
while at school or at a school-related function. In addition to any disciplinary action, phones will be confiscated
and students should be aware that any images suspected to violate criminal laws will be referred to lawenforcement authorities.
27. Using profanity, lewd or vulgar language, or obscene gestures
28. Engaging in conduct that would be aggravated kidnapping
29. Engaging in conduct that would be indecency with a child (indecency with a child: see definition in appendix)
30. Engaging in conduct that would be aggravated robbery against another student
31. Engaging in conduct that would be considered manslaughter
32. Engaging in conduct that would be criminally negligent homicide
33. Engaging in conduct that would be considered deadly conduct
Property Offenses
34. Stealing
35. Committing or assisting in a robbery, theft, and burglary
36. Damaging, defacing, or vandalizing property of others, including District property
Possession of Prohibited Items
37. Possession or distribution of pornographic materials (possession: see definition in appendix)
38. Possessing or using matches or lighters
39. Using or possessing a pellet gun, air-powered rifle/gun, toy gun, look-alike weapon, or any other instrument that may be perceived
by a third party as a firearm
40. Possessing or using martial arts objects (such as shurikan (throwing stars), nunchakus (“nun-chucks”), tonfa (wooden weapon),
staff, baton (short stick), bolo (long cord with weights at end))
41. Possessing, using, or exhibiting school supplies (i.e. pencils, scissors, pens, etc.), a razor, box cutter, chain, or any other item in a
manner that threatens to inflict or actually inflicts bodily harm to another person
42. Using, exhibiting, or possessing a firearm
43. Using, exhibiting, or possessing an illegal knife
44. Possessing or using a knife with a blade of 5 ½ inches or less without prior campus administration permission (See prohibited
weapons in the index)
45. Using, exhibiting, or possessing a club
46. Using, exhibiting, or possessing a prohibited weapon
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Possession of Telecommunication Devices
47. Recording the voice or image of another without the prior consent of the individual(s) being recorded or in any way that disrupts
the educational environment or invades the privacy of others
48. Possessing stereo head sets, CD players, cassette players, or electronic games without permission
49. Using, displaying, or having in operational mode an electronic communications device in the school building, during the
instructional day (paging device: see definition in appendix) in accordance with the guidelines found in the FISD Student
Handbook and FNCE (LOCAL)
Illegal, Prescription, Over-the-Counter Drugs/Substances
50. Possessing fireworks of any kind, smoke or stink bombs, or any other kind of pyrotechnic device
51. Selling, giving or delivering to another person or possessing, using or being under the influence of marijuana, a controlled
substance, a dangerous drug or any synthetic drug that alters a student’s physical appearance, actions, breath, or speech
52. Possessing or selling look-alike drugs or items attempted to be passed off as drugs or contraband, which has the intent to create an
altered physical or psychological state
53. Possessing drug paraphernalia (roach clips, rolling papers, needles, baggies with residue, razor blades, pipes, etc.)
54. Selling, giving, or delivering to another person an alcoholic beverage; committing a serious act or offense while under the
influence of alcohol; or possessing, using or being under the influence of alcohol (Under the influence: see appendix for definition)
55. Engaging in conduct that would be an offense relating to abusable glue or aerosol paint or relating to volatile chemicals (Abusable
glue: see definitions in appendix)
56. Possessing, giving, selling or delivering to another person an over-the-counter (OTC) drug or medication. Medication and
substances not in their original container shall be presumed to be a controlled substance under this code. Please refer to the
medication policy under Health Services on page 24 of this handbook.
57. Students are prohibited from possessing or using any type of tobacco product, including electronic cigarettes or any other electronic
vaporizing device, while on school property at any time or while attending an off campus school-related activity.
Misuse of the Computers and the Internet
58. Violating computer use policies, rules, or agreements.
59. Using the Internet or other electronic communications to harass or threaten district students, employees, or volunteers, including
off school property if the conduct causes a substantial disruption to the educational environment
Safety Transgressions
60. Pulling a fire alarm or discharging a fire extinguisher in a building owned or operated by Frenship ISD, when there is no smoke,
fire, or danger that requires evacuation
61. Calling 911 when no emergency exists
62. Violating safety rules
63. Making a false alarm or report of bombing, fire, or other emergency involving a public school
64. Making a terroristic threat involving a public school
65. Engaging in conduct that would be arson (arson: see definition in appendix).
Miscellaneous Offenses
66. Scholastic dishonesty, which includes, but is not limited to, cheating on a test, plagiarism, or unauthorized collaboration with
another person in preparing written work
67. Behaving in any way that disrupts the school environment or educational process
68. Gambling of any kind
69. Being a member of, pledging to become a member of, or soliciting another person to join or pledge a public school fraternity,
sorority, secret society or gang (see appendix for Gang Activity defined)
70. Assisting, encouraging, promoting, or attempting to assist in the commission of a serious offense
71. Engaging in any conduct punishable as a felony
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Disciplinary Consequences ___________________________________________________________
When administering discipline, students will be treated fairly and equitably. Discipline will be based on a careful assessment of the
circumstances of each case, reviewing factors such as:
1.
2.
3.
4.
5.
6.
The seriousness of the offense.
The student’s age.
The frequency of the misconduct.
The student’s attitude.
The potential effect of the misconduct on the school environment.
Whether the student was defending himself or herself.
Disciplinary Management Techniques__________________________________________________
Discipline will be designed to improve conduct and to encourage students to adhere to their responsibilities as members of the school
community. Disciplinary action will draw on the professional judgment of teachers and administrators and on a range of discipline
management techniques. Discipline 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.
The following discipline management techniques may be used, at all grade levels, alone or in combination, for misbehavior that
violates the Student Code of Conduct or campus or classroom rules.
1.
Oral correction
2.
Cooling-off time or “time-out” in a setting separate from other students that is not locked and from which the student is not
physically prevented from leaving the exit is not physically blocked by furniture, a closed door held shut from the outside, or
another inanimate object.
3.
Seating changes within the classroom
4.
Counseling by teachers, counselors, or administrative personnel
5.
Parent-teacher conferences
6.
Temporary confiscation of items that disrupt the educational process.
7.
Students found in possession of a paging device or cellular telephone will be charged an administrative fee of $15.00 prior to its
release.
•
Under the statute, the District can either (1) dispose of a confiscated paging device in any reasonable manner, provided the
student’s parent and the paging company whose name and address appear on the device are given 30 days’ notice of the
intent to dispose of the device. Such notice may be made by telephone, telegraph, or in writing, and must include the serial
number of the device; or (2) charge the owner of the device or the student’s parent an administrative fee of not more than $15
before releasing the device.
8.
Grade reductions as permitted by policy
9.
Rewards or demerits
10. Behavioral contracts
11. Sending the student to the office or other assigned area
12. Assigned school duties other than class tasks
13. Withdrawal of privileges, such as participation in extracurricular activities, participation in graduation exercises, and eligibility
for seeking and holding honorary offices, and/or membership in school-sponsored clubs or organizations
14. Consequences or penalties identified in individual student organizations’ codes of conduct
15. Withdrawal or restriction of bus privileges
16. School-assessed and school-administered probation
17. Referral to outside agency and/or legal authority for criminal prosecution in addition to disciplinary measures imposed by the
District
18. Restitution permitted under Article 42.037(s), Code of Criminal Procedure
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The following disciplinary measures may be used, alone or in combination with each other or any of the above techniques, for serious
misbehavior that violates the Student Code of Conduct or campus or classroom rules:
1.
In-school suspension
2.
Detention
3.
Extended Day Suspension
4.
Suspension from school, not to exceed three school days at one time
5.
Formal removal from class by the teacher
6.
Removal to a disciplinary alternative education program
7.
Extension of a disciplinary alternative education program removal term for additional offenses while in the alternative program
8.
Expulsion from school, including emergency expulsion
Specific Considerations_______________________________________________________________
In deciding whether to order suspension, removal to DAEP, expulsion to JJAEP, the District will take into consideration:
1.
Self-defense (see glossary)
2.
Except for misconduct involving possession of prohibited items (see definition of “possession”), intent or lack of intent
at the time the student engaged in the conduct, and
3.
The student’s disciplinary history
Physical Restraint____________________________________________________________________
In unusual circumstances, it may be necessary for a district employee to use force, but, not deadly force to physically restrain a student
in order to protect the student or any other person from physical injury, to obtain possession of a weapon or other dangerous object, to
protect property from serious damage, to remove a student who is refusing to comply with a legitimate directive from a school
employee from a specific location in order to restore order or to impose disciplinary measures, or to restrain an irrational student.
Corporal Punishment_________________________________________________________________
Corporal punishment, defined as the spanking or paddling of a student, is no longer approved by the FISD Board of Trustees as a form
of discipline, and shall not be utilized as a disciplinary measure for the Code of Conduct violations or otherwise. Board Policy FOC
(LOCAL)
The following are set forth as additional guidelines:
1 Coaches and physical education teachers may use reasonable physical exercises or activities as a disciplinary measure in their
classes and activities, and these exercises or activities are not considered to be “corporal punishment.” No other employees may
use exposure to the physical elements, e.g., standing outside in heat or cold, or physical exertion, e.g., running, sit-ups, etc., as a
disciplinary measure.
2 Walking is a normal function and is not considered a punishment.
3 Physical exercise used in the DAEP and PRIDE is not considered corporal punishment under the guidelines of Chapter 37 of the
Texas Education Code. It is considered a programmatic function of the process used in each of the different discipline programs
offered.
Detention ___________________________________________________________________________
For minor infractions of the Student Code of Conduct or campus or classroom rules, teachers or administrators may detain students
after school hours on one or more days.
Before being assigned to detention, a student shall be informed of the behavior that allegedly constitutes the violation, and shall be
given an opportunity to explain his or her version of the incident. The period of time for which a student is assigned to detention shall
be used for educational purposes.
When detention is used, notice shall first be given to the student's parent to inform him or her of the reason for the detention and
permit arrangements for the necessary transportation of the student. Except in the case of a student who is 18 years of age or older, the
detention shall not begin until the parents have been notified. The student's parents, if the student is a minor, will be required to
provide transportation when the student has been assigned to detention.
12
In-School Suspension ________________________________________________________________
For minor infractions of the Student Code of Conduct or campus or classroom rules, teachers or administrators may assign a student
to one or more days of in-school suspension where, under the supervision of a school employee, students will complete assignments
given them by their regular teachers.
If a student is placed in in-school suspension for an extended period of time, the student will be offered an opportunity to complete the
courses in which he or she was enrolled at the time of the removal before the beginning of the next school year. This opportunity may
be by summer school, correspondence courses, distance learning, or other avenues. Students and/or their parents will be assessed the
ordinary charges associated with the program. Students involved in school sponsored or school-related extracurricular activities may
practice and/or rehearse while assigned to In-School Suspension, but may not participate in any games and/or contests until their
assignment is completed.
Extended Day Suspension (EDS)________________________________________________________
For minor infractions of the Student Code of Conduct or campus or classroom rules, administrators may assign a student to one of
more days of EDS. Students may also be assigned for truancy violations to regain credit for days missed. At the sole discretion of the
campus administrator, students may be permitted to substitute two days of EDS for one day of In-School Suspension. EDS is
conducted for 2 ½ hours after school, on Mondays through Thursdays during most weeks of the school year. Students involved in
school-sponsored or school-related extracurricular activities may practice and/or rehearse while assigned to EDS, but may not
participate in any games and/or contests until their assignment is completed.
Suspension __________________________________________________________________________
The principal or other appropriate administrator may suspend a student for a maximum of three school days at a time if the student
violates the Code of Conduct by engaging in any prohibited conduct. See Probited Conduct. Both the length of the suspension and
restrictions on participation in school-sponsored or school-related extracurricular activities during the suspension is left to the
discretion of the administrator.
Prior to any suspension, the student will be told the Code of Conduct offense the student is accused of violating and will be afforded
an opportunity to explain his or her version of the events.
When will parents be informed of this action? Ordinarily, a parent or guardian will be called at the number provided to the District for
contact during the school day when a student is suspended. The District will follow up with a written notice by regular mail.
Neither state law nor this Code of Conduct imposes a limit on the number of times a student may be suspended during a semester or
school year. Education Code 37.005; Board policy FOB (LEGAL)
Formal Removal from Class by Teacher_________________________________________________
Students may be sent to the principal’s office for committing minor classroom infractions. However, a student who has been
documented to repeatedly interfere with a teacher’s ability to communicate effectively with the students in the class or with the ability
of the students to learn, or who behaves in a manner the teacher determines is so unruly, disruptive, or abusive that it seriously
interferes with the teacher’s ability to communicate effectively with the students or with the ability of other students to learn will be
formally removed from the teacher’s classroom.
Within three days of the removal, a conference will be held between the principal or other appropriate administrator, the student’s
parent or guardian, the teacher removing the student from class, and the student. Pending the conference, the principal may place the
student in another appropriate classroom, in-school suspension, or an alternative education program. Following the conference, the
principal will order the placement of the student. The principal will not return the student to the teacher’s class without that teacher’s
consent, unless the Placement Review Committee determines that such placement is the best or only alternative.
Education Code 37.002(b), 37.002(c), 37.009(a); Board policy FOA (LEGAL)
Searches of Property___________________________________________________________________
In the interest of promoting school safety and attempting to ensure that schools are safe and drug free, District officials may from time
to time conduct searches. Such searches are conducted without a warrant and as permitted by law.
Desks & Lockers: Student desks and lockers are school property and remain under the control and jurisdiction of the school even
when assigned to an individual student. Students at no time have an expectation of privacy therein. Students are fully responsible for
the security and contents of assigned lockers and desks. Searches of desks or lockers may be conducted at any time there is reasonable
suspicion to believe that they contain articles or materials prohibited by federal or state law or local district policy, whether or not a
student is present. Parents will be notified if prohibited items are found.
Vehicles on Campus: Vehicles parked on school property are under the jurisdiction of the school. Students are required to obtain a
parking permit in order to park in the District parking lots. School officials may search any vehicle any time there is reasonable
suspicion to do so, with or without the presence of the student, and regardless of whether the vehicle has a valid parking permit. A
student has full responsibility for the security and content of his or her vehicle and should make certain that it is locked and the keys
are not given to others. A student shall be considered in “possession” of any article prohibited by state or federal law or District policy
found in his or her vehicle parked on school property.
Detection dogs: Trained drug detection dogs are used randomly at all of FISD campuses. They assist in random searches of lockers,
classrooms, hallways, parking lots and other school facilities.
13
Positive Reinforcement Incorporating Discipline Expectations (PRIDE) _____________________
The Frenship ISD PRIDE Program is a component of the district behavior management plan. Frenship PRIDE may also be used by
the Lubbock municipal judges as an alternative to fines or incarceration for students who commit minor criminal offenses. The
PRIDE Program provides a disciplined and demanding environment for students, with an emphasis on school/program attendance,
academic goals, behavior and social adjustment. The following are specifics regarding the PRIDE program and expectations for
students and parents when a student is assigned to PRIDE and/or a dual PRIDE/DAEP placement.
•
Students are expected to dress in black athletic shorts/warm ups, athletic shoes and wear the district issued PRIDE T-shirt.
During inclement weather students may elect to wear an appropriate jacket/pullover/hoodie.
•
•
•
•
•
•
Parents are required to attend an orientation.
•
Students assigned to the PRIDE Program may not participate in any school-sponsored or extracurricular activities during
their placement. This prohibition includes practices/rehearsals and games/contests.
The PRIDE Program runs from 4:00 pm – 5:30 pm, Tuesday through Thursday during most weeks of the school year.
Transportation will be provided to students assigned to a PRIDE program.
Parents will be responsible to pick up students at 5:30 pm each day of the PRIDE assignment
Students may be also assigned to a dual PRIDE/DAEP placement.
Students assigned to a dual placement remain at the Reese Campus for the entire school day. At the end of the school day,
the student will be transported to the location of the PRIDE portion of their assignment.
Discipline Alternative Education Program ______________________________________________
The District operates a Discipline Alternative Education Program (DAEP) for students who have committed certain serious offenses.
(See Conduct That Warrants DAEP Placement). The DAEP:
1. is in a setting other than the student’s regular classroom;
2. is located off a regular school campus;
3. separates students in the DAEP from students in the regular program;
4. separates elementary school students assigned to DAEP from secondary school students assigned to DAEP;
5. focuses on English language arts, mathematics, science, history, and self-discipline;
6. provides for students’ educational and behavioral needs; and
7. provides supervision and counseling.
No student who has engaged in behavior warranting a DAEP assignment will be placed in an unsupervised setting, other than an outof-school suspension pending the DAEP conference.
Education Code 37.008(a) (h); Board policies FOC (LEGAL) and FOCA (LEGAL)
Frenship ISD’s alternative education program is located at 9421 4th Street, and operates between the hours of 8:00 a.m. and 3:00 p.m.
District transportation is not provided, and parents are responsible for making sure students attend while assigned. Failure to attend
the DAEP is a violation of compulsory attendance laws, and students and parents may be prosecuted for failure to attend while
assigned.
Term of Placement: Students are assigned to DAEP with a removal order that states a specific term of placement that is the number
of school days that must be served. The length of all DAEP assignments is at the discretion of the administration.
Ordinarily a DAEP assignment will not extend beyond the end of a school year. However, if the administrator making the placement
determines: 1) that the student’s presence in the regular classroom or at the student’s regular campus poses a danger of physical harm
to the student or another individual; or 2) the student has engaged in serious or persistent misbehavior that violates the District’s
Student Code of Conduct, then the assignment may be continued to the next school year.
Definitions for “Serious misbehavior” and “persistent misbehavior” are located in the definitions appendix of this Code.
The DAEP administrator may extend the original term of removal based on new violations that occur while the student is assigned to
the DAEP, including violation of DAEP rules.
Education Code 37.009(c); 37.009(d); Board policy FOC (LEGAL)
What are the guidelines for the term of DAEP placement? A removal to DAEP may be for thirty school days up to one full year from the
date of the order. The administrator issuing the removal order will use his or her best professional judgment, taking into account the
factors considered in all disciplinary actions, in making a DAEP placement. In some circumstances, a placement term may be longer
than one year if, after a review, the administrator determines that the student is a threat to the safety of other students or to employees
or that an extended placement would be in the student’s best interest.
Restrictions during placement: State law prohibits a student placed in DAEP for reasons specified in state law from attending or
participating in school-sponsored or school-related extracurricular activities.
14
Students Younger than Ten: Students younger than ten who commit an expellable offense will be placed in an alternative education
program for elementary age students. Education Code 37.006(f); 37.007(h); Board policy FOD (LEGAL), FO (LEGAL)
Students Younger than Six: Students younger than six will not be placed in an alternative education program under any circumstance
for any reason other than bringing a firearm to school. Education Code 37.006(1); Board policy FOC (LEGAL)
What kinds of courses are taught at the DAEP? Instruction in the DAEP will focus on English language arts, mathematics, science,
history, and self-discipline. The District will provide an opportunity for students who have been placed in the DAEP to complete
coursework necessary to fulfill high school graduation requirements before the beginning of the next school year, if the term of the
student’s placement is such that the student is not able to continue enrollment in all his or her courses. The opportunity to complete
coursework will be provided through any method available, which may include summer school, distance learning, or correspondence
courses. The District will not assess any charge for the student to complete a course under this provision.
Effect of Withdrawal: If a student withdraws while pending DAEP placement, the principal or other appropriate administrator shall
conduct a conference, whether or not each requested person is in attendance, on the conduct and enter an order of removal. The order
of removal will be included with the records sent to any transferring school, including another public school, a campus charter
program, or an open-enrollment charter school, and that district will be empowered to exercise its authority to honor the removal.
Furthermore, even if the District does not complete the removal process and issue a removal order, the District will send disciplinary
records to the next school of attendance. Withdrawing a student from school does not affect the District’s authority to schedule and
conduct a conference school, and that school has the authority to complete the removal process and issue a removal order. Education
Code 37.009(a); Board policy FOC (LEGAL)
Students who transfer out of this District to another public or private school, including students who withdraw from this District for
the purpose of home schooling, and students who do not attend Frenship ISD’s Alternative Education Program for the duration of the
placement for any reason (other than reasons which constitute an “excused absence” under District policy), will be required upon
return to this District to complete the number of days missed in the Alternative Education Program before being allowed to return to
the regular campus, unless their records indicate that the term of removal was served in another school district or charter school.
Effect of Transfer into District
If a student transfers into this District from an open-enrollment charter school or from another state and the District receives a copy of
the removal order in the records from the other school, the district may enforce the terms of that removal order, provided the grounds
for removal to DAEP in the charter school or other state are grounds for removal in the District.
If a student transfers into this District from another school district in which the student was placed in an Alternative Education
Program, Frenship ISD may continue the Alternative Education placement under the terms of the order provided by the sending
school district. Frenship ISD will not consider students whose residence is not in within the Frenship ISD boundaries that have a
pending disciplinary placement for attendance within the District.
Graduating seniors in the DAEP:
When a student is placed in the DAEP during the 12th grade, the District may allow that student to participate in graduation
ceremonies, provided that all prerequisites for graduation are met and provided that the student has successfully completed all of the
days that the student was placed in the DAEP. If the student in question has unexcused absences or has not completed his or her days
in the DAEP for any other reason, such as withdrawal or transfer to another school district, the student will not be allowed to
participate in graduation ceremonies. Any decision concerning participation in graduation ceremonies will be made by the student’s
home campus principal, whose decision is final.
Conduct That Warrants DAEP Placement
School-Related Conduct:
The campus principal or other appropriate administrator shall place a student in a DAEP if the student commits any of the following
offenses 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 school property:
1.
Engages in conduct punishable as a felony
2.
Makes a false report of bombing, fire, or other emergency involving a public school, regardless of when the false report is made or
the place from which the false report is made
3.
Makes a terroristic threat involving a public school, regardless of when the threat is made or the place from which the threat is
made. (Terroristic threat: see appendix for definition)
4.
Commits an assault (see glossary) under Texas Pena Code 22.01(a)(1)
5.
Sells, gives, or delivers to another person, or possesses, uses, or is under the influence of marijuana, a controlled substance, or a
dangerous drug in an amount not constituting a felony offense.
6.
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 the conduct is not punishable as a felony.
7.
Behaves in a manner that contains the elements of an offense relating to abusable volatile chemicals
15
8.
Offenses relating to abusable glue, volatile chemicals and aerosol paint (abusable glue: see definition in appendix)
9.
Behaves in a manner that contains the elements of the offense of public lewdness or indecent exposure
10. Engages in conduct that contains the elements of the offense of retaliation against any school employee or volunteer on or off
school property. (Committing retaliation in combination with another expellable offense is addressed in the Expulsion section of
this Code.)
11. Engages in expellable conduct and is between six and nine years of age.
12. Commits a federal firearms violation and is younger than six years of age.
13. Engages in conduct punishable as aggravated robbery or a felony listed under Title 5 (see glossary) of the Texas Penal Code when
the conduct occurs off school property and not at a school-sponsored or school-related event and:
1.
The student receives deferred prosecution (see glossary),
2.
A court or jury finds that the student has engaged in delinquent conduct (see glossary), or
3.
The superintendent or designee has a reasonable belief (see glossary) that the student engaged in the conduct.
Education Code 37.006(a), (b); Board policy FOC (LEGAL)
Definitions of the above offenses may be found in the definitions section of the appendix to this Code
Serious misbehavior also includes the offenses listed below. The campus administrator will exercise discretion in making assignments
for the serious offenses listed here and will consider all the facts and circumstances, including the seriousness of the offense, the
student’s age, the frequency of misconduct, the student’s attitude, and the potential effect of the misconduct on the school
environment:
1.
Using profanity, lewd or vulgar language, or obscene gestures directed at a school employee
2.
Lying about the conduct of other students or making false accusations about district employees
3.
Failing to comply with campus or district policies, including but not limited to any of the listed behaviors identified under
Prohibited Conduct in this Code.
4.
Failing to comply with campus and classroom rules
5.
Committing extortion, coercion, or blackmail
6.
Committing or assisting in a robbery, theft, or burglary
7.
Damaging or vandalizing the property of others, including district property, when the value of the damage is less than $1,500
8.
Using or possessing a pellet gun, air-powered rifle, toy gun, or any other instrument that may be perceived by a third party as a
firearm
9.
Pulling a fire alarm or discharging a fire extinguisher in a building owned or operated by the district when there is not smoke, fire,
or danger that requires evacuation
10. Possessing or using martial arts objects
11. Inappropriate physical or sexual contact, whether or not it is consensual
12. Conduct that constitutes sexual harassment or sexual abuse
13. Inappropriate or indecent exposure of a student’s body parts
14. Possessing or selling look-alike drugs or items attempted to be passed off as drugs or contraband that alters a student’s physical
appearance, actions, breath, or speech.
15. Gambling of any kind
16. Hazing
17. Repeatedly violating other previously communicated campus or classroom standards of behavior
18. Committing an assault of any kind
19. Bullying, harassment, and making hit lists.
“Persistent misbehavior” consists of two or more separate violations of the Student Code of Conduct in general or repeated violations
of the same offense.
16
Conduct Unrelated to School - Title 5 Offenses: A student will be removed from class and placed in an alternative education program
based on off-campus criminal conduct punishable as a felony under Title 5, Texas Penal Code. However, if more than a year passes
from the date of the off-campus criminal offense to the time that a school administrator learns of the offense, the administrator is not
required to place the student in the DAEP.
What are Title 5 offenses? Title 5 offenses are crimes against the person, identified in Title 5 of the Texas Penal Code. Specifically, Title
5 offenses include: murder; capital murder; manslaughter; criminally negligent homicide; kidnapping; aggravated kidnapping;
indecency with a child; sexual assault; aggravated assault; aggravated sexual assault; injury to a child, elderly individual, or disabled
individual; abandoning or endangering a child; deadly conduct; terroristic threat; aiding a person to commit suicide; and tampering
with a consumer product. (aggravated assault, indecency with a child, murder: see definition in appendix) Education Code 37.006(c);
Board policy FOC (LEGAL) and (EXHIBIT)
Conduct Unrelated to School - Non-Title 5 Offenses: A student will be removed from class and placed in an alternative education
program for off-campus criminal conduct punishable as a felony, other than offenses defined by Title 5, Texas Penal Code, if the
administration determines that 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. However, if more than a year passes from the date of the off-campus criminal
offense to the time that a school administrator learns of the offense, the administrator is not required to place the student in the DAEP.
Education Code 37.006(d); Board policy FOC (LEGAL)
Relationship of Criminal Justice System and the School District: The school district may place a student in the DAEP regardless of
any action or lack of action taken by the criminal justice system. However, in some circumstances, the district may re-assess the
punishment based on information from law enforcement authorities.
A student may be removed from class and placed in a DAEP if the administration determines that the student committed an offense
requiring DAEP assignment while he or she was under the school’s jurisdiction. The district will send the required information about
the removal to the juvenile authorities.
When the assignment is necessary because of CONDUCT UNRELATED TO SCHOOL, the removal is based on the administrator’s
reasonable belief that the student has committed a felony offense. If the out-of-school offense is a non-Title 5 felony, before the student
is placed in the DAEP, the administration must also determine that the continued presence of the student in the regular classroom
threatens the safety of other students or teachers or will be detrimental to the educational process.
In determining whether there is a reasonable belief that a student has engaged in conduct defined as a felony offense in the Penal Code,
the administrator may consider all information available, including information furnished by law enforcement.
Education Code 37.006(e); Board policy FOC (LEGAL)
What options does the school have if the student is found not guilty of a felony offense? If, after the placement, the administration receives
notice from an appropriate law enforcement agency that the student was found not guilty of the felony offense and the case was
dismissed with prejudice, or that the student was not prosecuted and no formal proceedings, deferred adjudication, or deferred
prosecution was initiated, the administration will review the student’s placement in the DAEP. This review will occur regardless
whether the offense occurred at school or a school-related activity or outside of school.
The student will remain in the DAEP pending the review, which will take place within three class days of the administration’s receiving
the notice. The parents or guardian will be provided an opportunity for input. However, if after the review the administration believes
that the presence of the student in the regular classroom threatens the safety of other students or teachers, the administration may
continue the student’s placement in the DAEP.
The student or the parent or guardian may appeal the decision of the administration to continue the student’s placement in the DAEP
to the Frenship ISD Board of Trustees. The appeal will be heard at the next regularly scheduled board meeting, where the board will
review the notice letter from law enforcement and receive information from the administration and the student or the student’s parent
or guardian. The decision of the Board of Trustees is appealable to the Commissioner of Education. The student remains in the DAEP
pending all appeals.
Education Code 37.006 (h), (i), (j); Board policy FOC (LEGAL)
Juvenile Court-Ordered Placement in DAEP: The juvenile court may order a student to attend the district’s DAEP as a condition of
probation, regardless of whether the school district has a basis for imposing discipline on the student. When the juvenile court orders a
student to attend the DAEP as a condition of probation, the District, after receiving a copy of the order, will immediately transfer the
student to the DAEP for the period of time designated by the court. However, the state law prohibits the juvenile court from ordering a
student who has been expelled from the district to attend the DAEP.
Other Court-Ordered Placement in DAEP: When the district receives a copy of an order from a justice or municipal court indicating
that a student must attend the DAEP as a condition of a term of probation under Code of Criminal Procedure 45.051, the principal or
other administrator will hold a conference as described in Procedures for Removal to an DAEP and determine whether the student
should be assigned to the DAEP or should remain in the regular school setting. The principal or other administrator will consider the
nature of the misdemeanor offense resulting in the order in making this determination.
Sexual Assault and Campus Assignments: If a student has been convicted of continuous sexual abuse of a young child or children or
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’s parent or other person with the authority to act on behalf of the victim requests that the board transfer the
17
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.
Education Code 25.0341; Board policy FOC (LEGAL)
Procedures for Removal to a DAEP
Before a student is placed in an alternative education program, the principal or other administrator will tell the student briefly why he
or she is being removed to that program and explain that the student will have an opportunity to give his or her version of events at a
conference to be scheduled and held within three class days. In most circumstances, the student will be suspended pending the
placement conference.
Within three class days after the date of the offense, the principal or other administrator will contact the parent by telephone or in
writing to schedule and hold a conference with the student, the teacher who removed the student from class (if any), and the parents
and will make efforts to ensure that all invited parties can attend.
The District may proceed with the conference without the parents or student present, so long as the parents and student have been
notified of the conference. Whether or not the parents attend the conference, the student will receive oral or written notice at the
conference from the administrator of the reason(s) for the removal and the offense the student is charged with violating. The student
will have an opportunity at that time to explain or respond to the reasons for removal. The student and parents will receive a written
notice no later than two days after the conference memorializing the conference and stating the length of the removal to the DAEP, if
applicable, and any conditions or other requirements related to the DAEP assignment.
When a student is placed in the DAEP for a mandatory placement reason, a copy of the removal order, the child and parent’s names
and address, names and address of any witnesses, and a complete statement of the circumstances surrounding the conduct will be
forwarded to the authorized officer of the juvenile court in the county in which the student resides.
Education Code 37.010(a), 37.009 (a) (g); Board policy FOC (LEGAL)
Emergency Placement
A campus administrator or the superintendent may order a student immediately placed in an alternative education program if his or her
behavior is so unruly, disruptive, or abusive that it seriously interferes with school operations or activities.
Education Code 37.019(a); Board policy FOC (LEGAL) At the time the student is placed in DAEP under this emergency provision,
the student will be told of the reason for the placement, which must be one of the District’s reasons for DAEP placement under this
Code.
Appeal of a DAEP Placement to the Designee of the Board of Trustees
The student or the student’s parent or guardian may appeal the decision to place a student in the DAEP to the Director of Student
Services. The request for an appeal must be in writing, on the appropriate forms (see Appendix B), and must be received by the
Director of Student Services as appropriate within 3 school business days of the date of the DAEP order. The Director of Student
Services will schedule a conference with the student and the parent to be held within 5 school business days, after which a written
decision will be issued. If the parent is dissatisfied with the decision of the Director of Student Services, the student or the student’s
parent may appeal the decision to the Assistant Superintendent of Administrative Services, who is the designee of the Board of
Trustees. The request for an appeal to the Assistant Superintendent Administrative Services must be in writing, on the appropriate
forms (see Appendix B), and must be received by the Assistant Superintendent of Administrative Services within 3 school business days
of the date of the receipt of the decision of the Director Student Services. The Assistant Superintendent of Administrative Services shall
schedule a conference with the parent and student within 5 school business days of receipt of the appeal form, after which a written
decision will be issued. The student remains in the DAEP pending all appeals. In accordance with state law, any decision by the
Assistant Superintendent of Administrative Services, as the Board’s designee, is final and may not be appealed.
Education Code 37.009(b); Board policy FOC (LEGAL)
120-Day Review of DAEP Status
Both the discipline and the academic status of students assigned to the DAEP will be reviewed at the end of the semester, but in any
event, at least every 120 calendar days. At the review, the parents may make arguments for the student’s return to the regular
classroom. If the student is in high school and is to remain in the DAEP, the administration, together with the parents, will establish a
plan designed to assist the student’s progress toward meeting high school graduation requirements. The District is not obligated to
provide any course other than English language arts, mathematics, science, and history to students assigned to the DAEP. Education
Code 37.009(e); 37.008(a)(4)
18
Expulsion ___________________________________________________________________________
Students Younger than Ten: Students younger than ten who commit expellable offenses will be placed in an alternative education
program. Education Code 37.007(e) (2), (h); Board policy FOD (LEGAL)
Students Younger than Six: Students younger than six will not be expelled or placed in an alternative education program under any
circumstances for any reason other than bringing a firearm to school. Education Code 37.006(f) and (1)
Conduct that Warrants Expulsion
School-Related Conduct: A student shall be expelled if the student, on school property or while attending a school-sponsored or
school-related activity on or off school property:
Under Federal Law
1. Bringing to school a firearm, as defined by federal law. “Firearm” under federal law includes:
•
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.
•
The frame or receiver of any such weapon.
•
Any firearm muffler or firearm weapon.
•
Any destructive device, such as any explosive, incendiary or poison gas bomb, or grenade.
2.
Under the Texas Penal Code
Using, exhibiting, or possessing the following, as defined by the Texas Penal Code:
•
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), 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 school-sponsored
shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Parks and Wildlife
Department or a shooting sports sanctioning organization working with the department.
•
An illegal knife, such as a knife with a blade over 5 ½ 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.
•
A club (see glossary) 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.
•
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, a zip gun, or a tire deflation device. (See
glossary.)
3.
Behaving in a manner that contains elements of the following offenses under the Texas Penal Code:
•
Aggravated assault, sexual assault, or aggravated sexual assault.
•
Arson. (See glossary.)
•
Murder, capital murder, or criminal attempt to commit murder or capital murder.
•
Indecency with a child.
•
Aggravated kidnapping.
•
Aggravated robbery.
•
Manslaughter.
•
Criminally negligent homicide.
•
Continuous sexual abuse of a young child or children.
•
Behavior punishable as a felony that involves selling, giving, or delivering to another person, or 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.
4.
Engaging in retaliation against a school employee or volunteer combined with one of the above-listed mandatory expulsion
offenses.
Definitions of the above offenses can be found in the Definition section of the Code of Conduct. Serious misbehavior and
persistent misbehavior is articulated in the definitions appendix of this code.
Conduct Unrelated to School:
Against Employee or Volunteer: A student shall be expelled without regard to whether the conduct occurs on or off school property
or while attending a school-related or school-sponsored activity on or off school property if the student engages in conduct
containing the elements any of the following offenses is committed against a District employee or volunteer in retaliation for or as
a result of the employee’s employment with the District:
1.
Uses, possesses, or exhibits a firearm, an illegal knife or any knife prohibited by local policy, a club, or a prohibited weapon,
unless pursuant to written regulations or written authorization of the District;
19
2.
Commits aggravated assault, sexual assault, aggravated sexual assault, arson, murder, capital murder, criminal attempt to
commit murder or capital murder, indecency with a child, or aggravated kidnapping; aggravated robbery, manslaughter, or
criminally negligent homicide; (aggravated assault, arson, murder: see definition in appendix)
A student may be expelled without regard to whether the conduct occurs on or off school property or while attending a schoolrelated or school-sponsored activity on or off school property if the student engages in conduct containing the elements the
offense of assault under Penal Code 22.01(a)(1) committed against a District employee or volunteer in retaliation for or as a result
of the employee’s employment with the District.
Education Code 37.007(d); Board policy FOD (LEGAL)
Permissive Expulsion
A student may be expelled, in the discretion of the administration in view of all the facts and circumstances, for any of the following
offenses when they occur on or within 300 feet of school property, as measured from any point on the school’s property boundary line:
A student may be expelled for:
1. Engaging in the following, no matter where it takes place:
•
•
2.
Conduct that contains the elements of assault under Penal Code 22.01(a)(1) in retaliation against a school employee or
volunteer.
Criminal mischief, if punishable as a felony.
Engaging in conduct that contains the elements of one of the following offenses against another student, without regard to
where the conduct occurs:
•
3.
4.
Aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, criminal attempt to commit
murder or capital murder, aggravated robbery
Breach of computer security.
Engaging in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat involving a public
school.
At School, Within 300 Feet, or at a School Event
A student may be expelled for committing any of the following offenses 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 school
property:
5. Selling, giving, or delivering to another person, or possessing, using, or being under the influence of marijuana, a controlled
substance, or a dangerous drug, if the conduct is not punishable as a felony.
6. Selling, giving, or delivering to another person, or possessing, using, or being under the influence of marijuana, a controlled
substance, or a dangerous drug, if the conduct is punishable as a felony.
7.
8.
9.
Engaging in conduct that contains the elements of an offense relating to abusable volatile chemicals.
Engaging in conduct that contains the elements of assault under Section 22.01(a)(1) against an employee or a volunteer.
Engaging in deadly conduct. (See glossary.)
Within 300 Feet of School
A student may be expelled for engaging in the following conduct while within 300 feet of school property, as measured from any point
on the school’s real property boundary line:
10. Aggravated assault, sexual assault, or aggravated sexual assault.
11. Arson. (See glossary.)
12. Murder, capital murder, or criminal attempt to commit murder or capital murder.
13. Indecency with a child, aggravated kidnapping, manslaughter, criminally negligent homicide, or aggravated robbery.
14. Continuous sexual abuse of a young child or children.
15. Felony drug- or alcohol-related offense.
16. Use, exhibition, or possession of a firearm (as defined by state law), an illegal knife, a club, or prohibited weapon, or
possession of a firearm (as defined by federal law).
Property of Another District
A student may be expelled for committing any offense that is a state-mandated expellable offense if the offense is committed on the
property of another district in Texas or while the student is attending a school-sponsored or school-related activity of a school in
another district in Texas.
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While in DAEP
A student may be expelled for engaging in documented serious misbehavior that violates the district’s Code, despite documented
behavioral interventions while placed in a DAEP. For purposes of discretionary expulsion from a DAEP, serious misbehavior
means:
4. Deliberate violent behavior that poses a direct threat to the health or safety of others;
5. Extortion, meaning the gaining of money or other property by force or threat;
6. Conduct that constitutes coercion, as defined by Section 1.07, Penal Code; or
7. Conduct that constitutes the offense of:
1. Public lewdness under Section 21.07, Penal Code;
2. Indecent exposure under Section 21.08; Penal Code;
3. Criminal mischief under Section 28.03, Penal Code;
4. Personal hazing under Section 37.152; or
5. Harassment under Section 42.07(a)(1), Penal Code, of a student or district employee.
Felony Criminal Mischief: Without regard to where the conduct occurred, if a student intentionally or knowingly damages personal
property, including real estate and tangible personal property belonging to any public school or institution of higher education,
and the amount of loss is greater than $1,500, the student shall be expelled and referred to the authorized officer of the juvenile
court.
A student may be expelled, in the school’s discretion, if he or she intentionally or knowingly damages the personal property of
any other person without the person’s consent and the amount of loss is greater than $1,500 and referred to the authorized officer
of the juvenile court. Education Code 37.007(f)
A student may be expelled, in the school’s discretion, if he or she makes a false report or alarm or a terroristic threat involving a
public school while the student is not on school property or at a school-sponsored or school-related activity on or off school
property. Education Code 37.007(b)(1)
Placement and/or Expulsion for Registered Sex Offenders: Upon receiving notification in accordance with state law that a student is
currently required to register as a sex offender, the District must remove the student from the regular classroom and determine
appropriate placement unless the court orders JJAEP placement. If the student is under any form of court supervision, including
probation, community supervision, or parole, the placement will be in either DAEP or JJAEP for at least one semester. If the
student is not under any form of court supervision, the placement may be in DAEP or JJAEP for one semester or the placement
may be in a regular classroom. The placement may not be in the regular classroom if the Board’s designee, who is the Assistant
Superintendent of Administrative Services, determines that the student’s presence:
1. Threatens the safety of other students or teachers,
2. Will be detrimental to the educational process, or
3. Is not in the best interests of the district’s students.
At the end of the first semester of a student’s placement in the DAEP or JJAEP and before the beginning of each school year for
which the student remains in an alternative placement, the District shall convene a committee, in accordance with state law, to
review the student’s placement. The committee will recommend whether the student should return to the regular classroom or
remain in the placement. Absent a special finding, the Board’s designee must follow the committee’s recommendation. The
placement review of a student with a disability who receives special education services must be made by the ARD committee.
If a student enrolls in the District during a mandatory placement as a registered sex offender, the District may count any time
already spent by the student in a placement or may require an additional semester in an alternative placement without conducting
a review of the placement.
A student or the student’s parent may appeal the placement by requesting a conference between the Board’s designee, the student,
and the student’s parent. The conference is limited to the factual question of whether the student is required to register as a sex
offender. Any decision of the Board’s designee under this section is final and may not be appealed.
Education Code 37.303
Placement and/or Expulsion for Title 5 Felony Offenders: Regardless of whether placement or expulsion is required or permitted by
one of the reasons in the DAEP Placement or Expulsion sections, in accordance with Education Code 37.0081, a student may be
expelled and placed in either DAEP or JJAEP if the Board’s designee, who is the Assistant Superintendent of Administrative
Services, makes certain findings and the following circumstances exist in relation to a felony offense under Title 5 (see definitions)
of the Texas Penal Code. The student must:
1. Have received deferred prosecution for conduct defined as a Title 5 felony offense;
2. Have been found by a court or jury to have engaged in delinquent conduct for conduct defined as a Title 5 felony offense;
3. Have been charged with engaging in conduct defined as a Title 5 felony offense;
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4.
5.
Have been referred to a juvenile court for allegedly engaging in delinquent conduct for conduct defined as a Title 5 felony
offense; or
Have received probation or deferred adjudication or have been arrested for, charged with, or convicted of a Title 5 felony
offense.
The district may expel the student and order placement under these circumstances regardless of:
8.
The date on which the student’s conduct occurred,
9.
The location at which the conduct occurred,
10. Whether the conduct occurred while the student was enrolled in the district, or
11. Whether the student has successfully completed any court disposition requirements imposed in connection with the conduct.
The student shall have a hearing before the Board’s designee, who must determine that in addition to the circumstances above
that allow for the expulsion, the student’s presence in the regular classroom:
1. Threatens the safety of other students or teachers,
2.
Will be detrimental to the educational process, or
3.
Is not in the best interest of the district’s students.
Any decision of the Board’s designee is final and may not be appealed.
The student is subject to the placement until:
1.
The student graduates from high school,
2.
The charges are dismissed or reduced to a misdemeanor offense, or
3.
The student completes the term of the placement or is assigned to another program.
A student who enrolls in the District before completing a placement under this section from another school district must complete
the term of the placement.
Education Code 37.0081
Emergency Expulsion: A principal or other appropriate administrator may order the immediate expulsion of a student if the principal
or other administrator reasonably believes that action is necessary to protect persons or property from imminent harm.
At the time of the emergency expulsion, the student shall be given oral notice of the reason for the action. The reason given must
be a reason for which expulsion may be made on a non-emergency basis. Within a reasonable time after the emergency
expulsion, but not later than the tenth day after the expulsion, the student shall be accorded the appropriate due process as
required under Education Code 37.009. Special education students shall be removed from their programs as consistent with
federal law.
Education Code 37.019 (b) and (c).
Procedures for Expulsion
Before a student is expelled, the student will have an opportunity for a due process hearing that will include the following:
1.
At least three days prior written notice of the charges and the proposed sanctions so as to afford a reasonable opportunity for
preparation, including a written invitation to the student’s parent or guardian to attend the expulsion hearing. The notice will
also include the date, time, and location of the hearing and the names of adult witnesses who will present evidence at the hearing;
2.
Right to a full and fair hearing before the Board’s designee;
3.
Opportunity to testify and to present evidence and witnesses in his or her defense; and
4.
Opportunity to examine the evidence presented by the school administration and to question the administration’s witnesses.
Representative: At the hearing, the student is entitled to an adult representative or legal counsel who can provide guidance to the
student and who is not an employee of the District. The District may hold the hearing regardless of whether the student, the student’s
parent or guardian, or another adult representing the student attends, provided the District makes a good-faith effort to inform the
student and the student’s parent or guardian of the time and place of the hearing.
Evidence: In an expulsion hearing, the District may rely on hearsay evidence of school administrators who investigate disciplinary
infractions. This means that the school administration may present evidence or statements taken from students without revealing the
identity of the student. The decision whether or not to expel a student will be based exclusively on the evidence presented at the
hearing.
Education Code 37.009(f); Board policy FOD (LEGAL)
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Expulsion Order: The administration will deliver a copy of the order expelling the student to the student’s parent or guardian, who is
responsible for providing adequate supervision for the student during the period of expulsion.
In addition to notifying the parents, and not later than the second business day after the date an expulsion hearing is held, the
administration will deliver a copy of the expulsion order to the authorized officer of the juvenile court in the county in which the
student resides. The administration will also provide the child’s and parent’s names and address, names and addresses of any
witnesses, if not otherwise confidential under FERPA, and a complete statement of the circumstances surrounding the conduct to the
juvenile board, as required by Family Code § 52.041.
Education Code 37.009(g) (h); 37.010(a); Family Code 52.041; Board policy FOD (LEGAL)
Placement Pending Expulsion Hearing: A student who is charged with an offense warranting expulsion will be suspended for three
days, or emergency expelled, and then placed in the DAEP pending the expulsion hearing.
Guidelines for Term of Expulsion: An expulsion may be for as brief a time as four school days up to one full year from the date of the
order. The administrator issuing the expulsion order will use his or her best professional judgment, taking into account the factors
considered in all disciplinary actions, in setting a term of expulsion. In some circumstances, an expulsion term may be longer than
one year if, after a review, the administrator determines that the student is a threat to the safety of other students or to employees or
that an extended expulsion would be in the student’s best interest. Education Code 37.009(h)
Effect of Withdrawal: Withdrawal from school does not affect the District’s authority to schedule and conduct a hearing on the
conduct and enter an order of expulsion, regardless of whether the student or parent are present to participate. The order of expulsion
will be included with the records transferred to the new school district, and that district, including another public school, a campus
charter program, or an open-enrollment charter school, will be empowered to exercise its authority to honor the expulsion.
Furthermore, even if the District does not complete the expulsion process and issue an expulsion order, the District shall send
disciplinary records to the next school, and that school has the authority to complete the expulsion process and issue an expulsion
order. Education Code 37.009(i)
Students, who transfer out of this District to another public or private school, including students who withdraw from this District for
the purpose of home schooling, will be required upon return to the District, to complete the term of expulsion before being allowed to
return to the regular campus.
If a student transfers into this District from another school district in which the student was placed in the Juvenile Justice Alternative
Education Program, Frenship ISD shall continue the term of the expulsion under the previous school’s order.
Effects on Credits: Expelled students shall not receive credit for courses not completed because of an expulsion. Students may use
correspondence courses or credit by examination, within the limits set by District policy, to earn graduation units. Students are
responsible for all costs associated with correspondence courses or credit by examination.
Appeal of Expulsion to Board of Trustees
A decision by the Board’s designee to expel a student may be appealed to the Board of Trustees. The request for appeal must be in
writing and must be received by the Superintendent or designee within 3 school business days of the date of the order of expulsion.
The appeal to the Board shall be filed as a Level Three hearing under Board policy FNG (LOCAL). The proper appeal forms are
attached to this Code as Appendix C.
At the meeting, the Board will review the record made at the expulsion hearing and will provide the parent and/or student with an
opportunity to make a presentation. The administration may also be asked to speak. No new evidence, including witnesses or
documents, will be admitted. The Board may set reasonable time limitations for presentations.
The student is expelled pending appeal.
Discipline of Students with Disabilities _________________________________________________
Federal law regarding the education of students with disabilities (IDEA and Section 504) imposes specific procedures and limitations
on the discipline of students with disabilities. For further information on this topic, please contact the principal, who will direct you to
special education staff, or the Director of Special Education (806-866-4276) Information is also available to parents of students with
disabilities in the “Explanation of Rights and Procedural Safeguards of a Parent with a Child with Disabilities in School,” which is
provided to parents at the time of admission to special education and at every ARD meeting. No student who is enrolled in a special
education program under Subchapter A, Chapter 29, Texas Education Code, may be disciplined for the prohibited conduct defined
herein as “bullying,” “harassment,” or “making hit lists,” until an admission, review and dismissal committee meeting has been held
to review the conduct. Texas Education Code 37.001(b-1)
The discipline of students with disabilities is subject to applicable state and federal law in addition to the Student Code of Conduct.
To the extent any conflict exists, state and/or federal special education law will prevail.
In deciding whether to order suspension, DAEP placement, or expulsion, the district will take into consideration a disability that
substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.
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Summer School ______________________________________________________________________
The District’s summer school program is not part of the regular school year program. Students voluntarily attend summer school to
earn additional credits, to re-take courses they did not pass in the regular school year, to receive intensive instruction in subject areas
where they did not demonstrate mastery on the state assessment instruments, or to complete courses necessary for graduation that
were incomplete because of the student’s placement in DAEP. During summer school, students are expected to abide by the rules of
conduct that are in place during the school year. We will handle minor, isolated violations of conduct expectations through parent
conferences; however, students who commit serious offenses or who have persistent behavior problems while enrolled in summer
school will be withdrawn from the program.
Discipline Policy for Bus Students_____________________________________________________
The safety of children in the care of the District is of the utmost concern. To that end, discipline must be maintained on buses in order
to safely transport children to and from school. To establish a more consistent method of handling discipline problems the Durham
Transportation company provides a copy of their “School Riders Safety Handbook” to each student. Please refer to that document for
all procedures and consequences regarding discipline.
FISD Police Department_____________________________________________________________
Frenship ISD employs certified peace officers to serve in a proactive and positive role with the staff and students. Their duties not
only include enforcing local ordinances, state and federal laws but they also serve as educational resources by presenting programs in
their related field to students and employees and to school and community organizations.
Frenship ISD Police Jurisdiction
Article 2.12 of the Texas Code of Criminal Procedure outlines who is a “peace officer” for purposes of the criminal justice system in
Texas. Included in the list of peace officers are “officers commissioned under Section 37.081, Education Code.” Thus, commissioned
school district peace officers hold the same “peace officer” status as sheriff’s deputies, constable’s deputies, municipal police officers,
and state troopers. Jurisdiction of District peace officers is “determined by the board of trustees” and may include “all territory in the
boundaries of the school district and all property, real and personal, outside the boundaries of the district that is owned, leased or
rented by or otherwise under the control of the school district and the board of trustees that employ the peace officer.” Frenship peace
officers currently hold countywide jurisdiction as per school board approval.
Frenship I.S.D. Police Law Enforcement and Administrative Duties
School district officers may accomplish both law enforcement and administrative tasks. “A school district peace officer shall perform
administrative and law enforcement duties for the school district as determined by the board of trustees of the school district. The
Chief of Police approves the department operating procedures.
Law Enforcement Authority Delegated To School District Peace Officers May Include But Not Limited To The
Following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Enforce all applicable laws of the State of Texas Education Code.
Prevent and investigate violations of the law, ordinances, or District policy that occur on District property, at
school zones and bus stops, or at District functions; that involve District vehicles or buses; or that involve offenses
against the District or against District employees, or Board members in their capacity as District employees or
Board members.
Serve search warrants in connection with District-related investigations and arrest warrants in compliance with the
Texas Code of Criminal Procedure.
Take juveniles into custody as provided by the Texas Family Code, Texas Penal Code and other related laws.
Arrest persons consistent with state and federal statutory and constitutional standards governing arrests, including
procedures set out in the Texas Code of Criminal Procedures.
Conduct vehicular patrols in connection with the performance of duties provided by police department policy, and
engage in traffic enforcement activities on streets, highways, and roadways within the jurisdiction of the
department.
Engage in activities and programs approved by the superintendent or designee designed to prevent or deter crimes
against District property or District employees, students and visitors.
Carry weapons and equipment as directed by the Chief of Police.
Assist in providing traffic and parking control as deemed necessary by the Chief of Police, superintendent or
designee.
Enforce laws relating to the safe operation of school buses.
Enforce all laws, including municipal ordinances, county ordinances, and state laws within another law
enforcement agency’s jurisdiction while temporarily assigned to that agency.
Where appropriate, coordinate and cooperate with other law enforcement agencies.
Implement and participate in judicial and investigative proceedings.
24
Police Interview of Students
Students may be interviewed and asked to give statements (both written and verbal) during any investigation. Frenship ISD will
attempt to make a reasonable effort to contact parents of students who are 16 years of age or younger, when they are to be questioned
or detained by Frenship ISD police during an investigation.
Exemption from Public Information Requests
Certain law enforcement information held by a law enforcement agency is exempt from public disclosure if, it deals with the
“detection, investigation, or prosecution of crime” and:
• The release of the information would interfere with the detection, investigation, or prosecution of crime. The
investigation did not result in conviction or deferred adjudication; or
• The internal record or notation relates to law enforcement only in relation to an investigation that did not result in
conviction or deferred adjudication; or
• The law enforcement record exception is permissive. It may be waived by the Chief of Police of the School District if
he so chooses. However, the School District Police Department may share law enforcement records with the
School District administrative personnel for use in administrative actions without waiving the law enforcement
exception to public disclosure. As a general rule, “the transfer of information within a governmental body or
between governmental bodies is not necessarily a release to the public for purposes of the Public Information Act.
Contacting the Frenship I.S.D. Police Department
In any non-emergency situation, questions or concerns that deal directly with the Frenship ISD Police contact the FISD Chief of
Police at 806-866-4440. In an emergency dial “911”.
Bullying _________________________________________________________________________
Bullying occurs when a student or group of students engages in written or verbal expressions, expression through electronic
means or physical conduct against another student and the behavior results in harm to the student or the student’s property,
places a student in fear of harm to himself or his property, or is so severe, persistent, or pervasive that it creates an intimidating,
threatening or abusive educational environment.
1.
2.
3.
4.
5.
Reports of bullying shall be made as soon as possible after the alleged act to a teacher, counselor, principal or other
District employee,
A report may be made orally or in writing. Reports may be made electronically through the STAY ALERT program or
the Bullying Reporting Form, both found on the FISD website at www.frenship.us.
The District employee who receives notice, shall immediately notify the campus administration,
The campus administration shall conduct an appropriate investigation based in the allegations in the report and take
appropriate action. The investigation shall be completed within ten District business days.
A written report shall be prepared of the investigation. Board Policy FFI (LOCAL)
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 a
serious matter and will consider the full range of disciplinary options, up to and including expulsion, according to the nature of the
offenses and this Code.
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 or a District employee. This prohibition
applies whether the conduct is by word, gesture, or any other intimidating sexual conduct, including requests for sexual favors,
that the other student or District employee regards as offensive or provocative.
Complaints concerning this subject should be directed to the FISD Title IX Coordinator, who is the Assistant Superintendent for
Administrative Services, at 806-866-9541.
A substantiated complaint of sexual harassment by a student against another student or District employee will result in appropriate
disciplinary action, according to the nature of the offense and this Code.
The District encourages parental and student support in its efforts to address and prevent harassment in any form in its public
schools. Students and/or parents are encouraged to discuss their questions or concerns about the expectations in this area with a
teacher, counselor, principal or designee, or the FISD Director of Student Services, as appropriate.
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Harassment on the Basis of Race, Color, Religion, National Origin, or Disability_________
Students must not engage in harassment behaviors motivated by race, color, religion, national origin, or disability directed toward
another student or a District employee. A student who believes he or she has been harassed by another student or by a District
employee is encouraged to report the incident to the principal or FISD Director of Student Services as appropriate. The
allegations will be investigated and, a substantiated complaint of harassment by a student against another student or District
employee will result in appropriate disciplinary action, according to the nature of the offense and this Code. The student who is
disciplined under for violating this provision may appeal the action in accordance with the procedures established in this Code. A
student or a parent who believes himself or herself a victim of discrimination may appeal the District’s action in accordance with
policy FNG [LOCAL]. See also policy FNCL.
Title IX - Nondiscrimination On The Basis Of Sex in Education_________________________
The Frenship Independent School District does not discriminate against a person because of race, religion, color, sex, marital
status, national origin, or any handicapping condition in the educational programs or activities that it operates. Complaints
concerning this area should be directed to the Title IX Coordinator, who is the Assistant Superintendent of Administrative
Services, 806-866-0052.
Electronic Communication and Data Management Policy CQ (LOCAL) ____________________
The Superintendent or designee shall implement, monitor, and evaluate electronic media resources for instructional and
administrative purposes.
STUDENTS:
The student is being given access to the Frenship ISD electronic communication system. Through this system, the student will be able
to communicate with other schools, colleges, organizations, and people around the world though the Internet and other electronic
information systems / networks. The student will have access to hundreds of databases, libraries, and computer services all over the
world.
With this educational opportunity comes responsibility. It is important that the student understands the policies and agreement from.
Inappropriate system use will result in the loss of the privilege to use this educational tool.
Please note that the Internet is a network of many types of communication and information networks. It is possible that a student
may run across areas of adult content and some material the student (or the student’s parents) might find objectionable. While the
District will take extensive steps to restrict access to such material, it is not possible to absolutely prevent such access. It will be the
student’s responsibility to follow the rules of appropriate use.
The student will be held responsible at all times for the proper use of the system. The District may suspend or revoke the student’s
access if the student violates the rules. Inappropriate use can result in other disciplinary or legal action in accordance with the
District’s Discipline Management Plan and Student Code of Conduct.
PARENTS:
Your child has an opportunity to be given access to the Frenship ISD electronic communications system and needs your permission to
do so. Your child will be able to communicate with other schools, colleges, organizations, and individuals around the world through
the Internet and other electronic information systems and networks.
The Internet is a system of networks. Through the District’s electronic communications system, your child will have access to
hundreds of databases, libraries, and computer services. With this educational opportunity also comes responsibility. It is important
that you and your child understand district policies and the agreement form. Inappropriate system use will result in the loss of
privilege to use this educational tool and lead to possible disciplinary action.
Availability of Access: Access to the District’s electronic communication system, including the Internet, shall be made available to
students and employees primarily for instructional and administrative purposes and in accordance with administrative regulations.
Limited personal use of the system shall be permitted if the use:
1. Imposes no tangible cost on the District;
2. Does not unduly burden the District’s computer or network resources; and
3. Has no adverse effect on an employee’s job performance or on a student’s academic performance.
Acceptable Use: The Superintendent or designee shall develop and implement administrative regulations, guidelines, and user
agreements, consistent with the purposes and mission of the District and with law and policy governing copyright. (See board policy
EFE (LEGAL) and (LOCAL))
Frenship ISD provides an abundance of technology resources to its students and staff to promote academic excellence. This
technology is provided for the primary purpose of promoting academic excellence and furthering the educational mission of the school
district. The educational value of the district curriculum is enhanced by the use of technology. Use of technology resources at Frenship
ISD is a privilege, not a right and each system user is responsible for her/his use of technology, whether personal or district-provided.
System users are responsible for using district technology resources in a manner that supports the educational mission of the school
district. Regardless of the system used, there are expectations that must be followed by those who utilize these resources.
26
The following guidelines will apply to all users of the district’s electronic information/communications systems. All system activities,
including but not limited to mail transmissions and password-protected systems may be monitored as deemed appropriate to ensure
proper use of the system.
Disciplinary action may be taken for unacceptable use of technology resources including but not limited to the network or the Internet.
System Conduct
All district technology resources, including but not limited to district computers, communications systems and the Internet, must be
used in support of education and academic research and must be used in a manner consistent with the educational mission and
objectives of Frenship ISD. Electronic communications between employees and students, both inside and outside the district’s
network, will be limited to school-related business or matters that fall within the scope of the employee’s professional responsibilities.
Monitored Use: Electronic mail transmissions and other use of the electronic communications system by students and
employees are not private and may be monitored at any time by designated District staff to ensure appropriate use. By using
District-provided technology, students and employees acknowledge that they have no expectation of privacy therein.
Intellectual Property Rights: Students shall retain all rights to work they create, using the District’s electronic communications
system. Students assign, however, a nonexclusive license to the District to display and use any student creation to promote the
District.
Technology Resources
Technology resources include, but are not limited to, laptops, desktops computers, email, Internet access, Web sites, text messaging,
instant messaging, blogging, podcasting, list serves, server-based document storage, social media, administrative systems, and/or other
emerging technologies.
Electronic Communication
and Data Management Regulations_________________________________________________
Consent Requirements: Copyrighted software or data may not be placed on any system connected to the District’s system
without permission from the holder of the copyright. Only the owner(s) or individual(s) the owner specifically authorizes may
upload copyrighted material to the system.
No original work created by any District student will be posted on a web page under the District’s control, unless the District has
on received a “Release for Student Information Form” for the student who created the work, signed by both the parent and
student.
No personally identifiable information about a District student will be posted on a web page under the District’s control unless
the District has on received a “Release for Student Information Form” signed by both the parent and student. An exception to
this parental consent requirement may be made for “directory information” as allowed by the Family Education Records
Privacy Act and District policy. (See Board policy FL(LOCAL))
System Access: Access to the District’s electronic communication system will be governed as follows:
•
Students in grades PK-4 will be granted access to the District’s system by their teachers, as appropriate. Students in grades 5-12
will be assigned individual accounts.
•
The District may require any student passwords to be changed periodically as determined by the Director of Technology.
•
Any system user identified as a security risk or as having violated District and/or campus computer guidelines may be denied
access to the District’s system.
Unacceptable System Conduct
System users will not distribute personal information, pictures or videos of themselves or others by means of the electronic
communications system other than as needed to conduct school operations. The use of any device capable of capturing images is
strictly prohibited in locker rooms or restroom areas while at school or at a school-related or school-sponsored event.
The use of another person’s user I.D. and/or password is strictly prohibited. The individual in whose name a system account is issued
will be responsible at all times for its proper use.
Federal law protects the privacy of a student while attending a public school. No video or photograph taken by a student in an
academic setting can be published or disseminated by using the Internet or any other electronic means without the written permission
of the student’s parents unless the photograph or video is for a class project under the direct supervision of a teacher and is only
published in the school building or the district intranet (internal network).
All users of FISD’s computers and networks are expected to abide by the generally accepted rules of network etiquette, the Student
Code of Conduct, Student Handbook, or Employee Handbook. In addition, system users:
1. Will not gain unauthorized access to resources or information.
2. Will not connect any electronic device to the network without the approval and authorization of the Technology
Department.
3. Will not use any means to disable or bypass the district’s Internet filtering system or other security systems. Users may not
create or join unauthorized wireless or wired networks to access or bypass the district’s network resources. This includes, but
is not limited to, connecting via another provider (3G/4G), establishing wireless access points, wireless routers, and open
networks on personal devices.
27
4.
5.
Will not use an electronic device or computer to access, store, send, receive, or post on the Internet anything that is
inappropriate or is harmful to an individual or groups or in violation of federal, state, or district regulations.
This includes, but is not limited to:
• Copyrighted material
• Threatening, embarrassing, harassing, bullying or racist material
• Any material that is likely to disrupt the learning environment
• Material that is lewd, vulgar, sexually suggestive, obscene or pornographic
• Material that contains profanity
• Material that violates or promotes the violation of school rules
• Material that violates district policies prohibiting harassment and
• Bullying
• Commercial material or product advertisements
• Political lobbying
• Illegal activities
Are expected to report harassment, threats, hate-speech and inappropriate content that violate this Unacceptable System
Conduct policy to a teacher or administrator.
In order to protect and reserve bandwidth and other resources for educational use, users (including those who are in a school building
before or after school) may not:
• Install software without prior approval from Technology Services.
• Store installers and applications in network storage.
• Download or play interactive web games or access streaming media not directly related to an approved FHS
curriculum.
• Participate in real-time discussions on the network unless for academic or work-related purposes.
• Browse the Internet without a curriculum or work-related objective.
Vandalism Prohibited
Any intentional act by a system user that damages district technology hardware, software, operating systems, or data will be
considered vandalism and will be subject to school rules and disciplinary procedures. Any intentional act that requires a person’s time
to repair, replaces, or perform corrective work on district technologies or data is also considered vandalism.
Vandalism as defined above will result in the cancellation of system use privileges and will require restitution for costs associated with
system restoration, as well as other appropriate consequences pursuant to Board policy and the Student Code of Conduct. Deliberate
attempts to degrade or disrupt system performance are violations of district policy and administrative regulations and may constitute
criminal activity under applicable state and federal laws.
Consequences of Misuse
Misuse of personal or district technology resources while on or near school property, in school vehicles and at school-sponsored
activities, as well as the use of district technology resources via off-campus remote access may result in disciplinary action. The district
may suspend or revoke a system user’s access to the district’s system upon an administrator’s determination of a violation of district
policy and/or administrative regulations regarding acceptable use. Termination of a user’s access will be effective on the date the
principal or Instructional Technologist receives a notice of student withdrawal or of revocation of system privileges.
If a student uses a telecommunications device without authorization during the school day, the device will be confiscated. The parent
may pick up the confiscated telecommunications device from the principal’s office for a fee of $15.
Confiscated telecommunications devices that are not retrieved by the student or the student’s parents will be disposed of after the
notice required by law. [See policy FNCE.]
In limited circumstances and in accordance with law, a student’s personal electronic device may be searched by authorized personnel.
[See policy FNF.]
The district will not be responsible for any damaged, lost, or stolen electronic device. A system user knowingly bringing prohibited
materials into the school’s electronic environment will be subject to suspension of access and/or revocation of privileges on the
district’s system and will be subject to disciplinary action in accordance with the Student Code of Conduct or Employee Handbook.
Forgery: Forgery or attempted forgery of electronic mail messages is prohibited. Attempts to read, delete, copy, or modify the
electronic mail of other system users, deliberate interference with the ability of other system users to send/receive electronic
mail, or the use of another person’s user ID and/or password is prohibited.
Information Content / Third Party Supplied Information: System users and parents of students with access to the District’s
system should be aware that use of the system may provide access to other electronic communications systems in the global
electronic network that may contain inaccurate and/or highly objectionable materials. A student who gains access to such
material is expected to discontinue the access as quickly as possible and to report the incident to the supervising teacher. A
student who knowingly brings prohibited materials into the school’s electronic environment will be subject to suspension of
access and/or revocation of privileges on the District’s system and will be subject to disciplinary action in accordance with this
Code.
Participation in Chat Rooms and Newsgroups: Students are prohibited from participating in any chat room or newsgroup
accessed on the Internet.
28
Network Etiquette: System users are expected to observe the following network etiquette:
•
Be polite; messages typed in capital letters are the computer equivalent of shouting and are considered rude.
•
Use appropriate language; swearing, vulgarity, ethnic or racial slurs, and any other inflammatory language are prohibited.
•
Pretending to be someone else when sending or receiving messages is considered inappropriate.
•
Transmitting obscene messages or pictures is prohibited.
•
Using the network in such a way that would disrupt the use of the network by other users is prohibited.
Disclaimer:
Please note that the Internet is a network of many types of communication and information networks. It is possible that users may run
across inaccurate or objectionable material. While Frenship ISD will use filtering technology to restrict access to such material, it is
not possible to absolutely prevent such access and there remains the risk of encountering inappropriate materials. A user who accesses
such material is expected to discontinue the access as quickly as possible and to report the incident to the appropriate supervisor. It is
necessary that FISD students comply with all policies and procedures related to the Internet and understand that they are responsible
for their actions while using the Internet and all other electronic resources.
More information is available in FISD Board Policy CQ (LEGAL) and CQ (LOCAL)
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APPENDICES:
APPENDIX A—Definitions
1.
Abusable volatile chemical offenses
a) No student shall inhale, ingest, apply, use, or possess an abusable volatile chemical with intent to inhale, ingest, apply or use
any of these in a manner:
b)
Contrary to the directions for use, cautions, or warnings appearing on a label of a container of the chemical;
c)
Designed to affect the central nervous system, create or induce a condition of intoxication, hallucination, or elation, or
change, distort, or disturb the person’s eyesight, thinking process, balance, or coordination. Health and Safety Code 485.031
d)
No student shall knowingly deliver to a person younger than 18 an abusable volatile chemical that does not contain additive
material in accordance with rules adopted by the Commissioner of Health. Health and Safety Code 485.032
e)
No student shall knowingly use or possess with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce
into the human body an abusable volatile chemical. No student shall knowingly deliver, sell, or possess with intent to deliver
or sell inhalant paraphernalia knowing that that person who receives it intends to use it to inhale, ingest, apply, use, or
otherwise introduce into the human body an abusable volatile chemical. Health and Safety Code 485.033
2.
Aggravated assault is defined as causing serious bodily injury to another or using or exhibiting a deadly weapon during the
commission of any assault. Education Code 37.007(a)(2); Penal Code 22.02(a); Board policy FNCH (LEGAL)(See “Deadly
Weapon” and “Serious Bodily Injury” in appendix for definition)
3.
Aggravated Kidnapping A person commits an offense if he intentionally or knowingly abducts another person with the intent to:
a.
b.
c.
d.
e.
f.
g.
4.
hold him for ransom or reward;
use him as a shield or hostage;
facilitate the commission of a felony or the flight after the attempt or commission of a felony;
inflict bodily injury on him or violate or abuse him sexually;
terrorize him or third person; or
interfere with the performance of any governmental or political function.
A person commits an offense if the person intentionally or knowingly abducts another person and uses or exhibits a deadly
weapon during the commission of the offense. Penal Code 20.04
Aggravated Robbery A person commits an offense if he commits robbery and he:
a.
causes serious bodily injury to another;
b.
uses or exhibits a weapon; or
c.
causes bodily injury to a person or threatens or places another person in fear of imminent bodily injury or death if
the other person is 65 years of age or older or a disabled person, i.e., an individual with a mental, physical, or
developmental disability who is substantially unable to protect himself from harm Penal Code 29.031
d.
5.
A person commits robbery if, in the course of committing theft as defined in Chapter 31 and with intent to obtain
or maintain control of the property, he:
i. intentionally, knowingly, or recklessly causes bodily injury to another; or
ii. intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. Penal
Code 29.02
Aggravated Sexual Assault
a.
“Aggravated sexual assault” is defined as sexual assault (see page 35-36) in which the actor:
i. Causes serious bodily injury or attempts to cause the death of the victim or another person in the course of
the same criminal episode; or
ii. By acts or words, places the victim in fear that death, serious bodily injury, or kidnapping will be
imminently inflicted on any person; or
iii. By acts or words occurring in the presence of the victim, threatens to cause death, serious bodily injury, or
kidnapping; or
iv. Uses or exhibits a deadly weapon in the course of the same criminal episode; or
v. Acts in concert with another, who commits a sexual assault directed toward the same victim and occurs
during the same criminal episode; or
vi. Assaults a victim who is younger than 14 years of age or is 65 years of age or older. Education Code
37.007(a)(2)(A); Penal Code 22.021; Board policy FNCH (LEGAL)
30
6.
Arson
a.
A person commits an offense if the person:
i.
starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to
destroy or damage:
1.
2.
3.
4.
5.
6.
7.
8.
any vegetation, fence, or structure on open-space land; or
any building, habitation, or vehicle:
knowing that it is within the limits of an incorporated city or town;
knowing that it is insured against damage or destruction
knowing that it is subject to a mortgage or other security interest;
knowing that it is located on property belonging to another;
knowing that it has located within it property belonging to another; or
when he is reckless about whether the burning or explosion will endanger the life of some
individual or the safety of the property of another; or
ii. intentionally starts a fire or causes an explosion and in so doing:
1. recklessly damages or destroys a building belonging to another; or
2. recklessly causes another person to suffer bodily injury or death.
7.
b.
It is an exception to the application of Subsection (i)(1) that the fire or explosion was a part of the controlled
burning of open-spaced land. Penal Code 28.02
a.
Students are prohibited from assaulting anyone on school property or at any school-related event. Simple assault is
defined as:
i. Intentionally, knowingly, or recklessly causing bodily injury to another. Education Code 37.006(a)(1);
Penal Code 22.01(a)(1); Board policy FNCH (LEGAL)
ii. Intentionally or knowingly threatening another with imminent bodily injury. Penal Code 22.01(a)(2);
Board policy FNCH (LEGAL)
iii. Intentionally or knowingly causing physical contact with another when the person knows or should
reasonably believe that the other will regard the contact as offensive or provocative. Penal Code
22.01(a)(3); Board policy FNCH (LEGAL)
Assault
8.
Bodily injury is defined as physical pain, illness, or any impairment of physical condition. Penal Code 1.07(8)
9.
Bullying
Bullying is when a student or group of students engages in written or verbal expression, expression through electronic means, or
physical conduct that occurs on school property, at a school-sponsored or school-related activity, or in a vehicle operated by the
district and a school district’s board of trustees or the board’s designee determines that the behavior:
•
Has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student
in reasonable fear of harm to the student’s person or of damage to the student’s property; or
•
Is sufficiently severe, persistent, and pervasive enough that the action or threat creates an intimidating, threatening, or
abusive educational environment for a student.
This conduct is considered bullying if it:
•
Exploits an imbalance of power between the student perpetrator who is engaging in bullying and the student victim
through written or verbal expression or physical conduct; and
•
10.
Interferes with a student’s education or substantially disrupts the operation of a school.
Controlled Substance and Dangerous Drug
Controlled substances or dangerous drugs include but are not limited to marijuana; any narcotic drug, hallucinogen, stimulant,
depressant, amphetamine, barbiturate, K-2 or synthetic drug, or prescription medicine provided to any person other than the person
for whom the prescription was written. Policy FNCF (LOCAL)
11.
Criminally Negligent Homicide
Causing the death of an individual by acting with criminal negligence, i.e., with respect to circumstance surrounding his conduct or
the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will
occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of
care that an ordinary person would exercise under all the circumstances as viewed from the actor’s viewpoint. Penal Code 19.05, 6.
31
12.
Criminal Mischief
a.
b.
c.
13.
A person commits an offense if, without the effective consent of the owner:
he intentionally or knowingly damages or destroys the tangible property of the owner;
he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or
substantial inconvenience to the owner or a third person; or
d. he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the
tangible property of the owner.
e. (h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to
tangible personal property is $1,500 or more but less than $20,000 and the damage or destruction is inflicted on a
public or private elementary school, a secondary school, or institution of higher education. Penal Code 28.03
Cyber-bullying
The use of information and communication technologies to support the deliberate, repeated, and hostile behavior by a student against
another student that can be reasonably interpreted as an attempt to cause harm to the victim. Such behavior must be done while at
school, while using school-provided technology resources and services, or may be done out of school using personal resources if it is of
a nature that causes a substantial and material disruption to the school environment.
14.
Deadly Conduct
a.
A person engages in deadly conduct if he recklessly engages in conduct that places another in imminent danger of
serious bodily injury or 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 it is occupied. Recklessness and danger are presumed
if the person knowingly points a firearm at or in the direction of another whether or not the actor believed the
firearm to be loaded.
b.
A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his
conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances
exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross
deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed
from the actor’s viewpoint. Penal Code 22.05, 6.03(c)
15.
Deadly weapon is defined as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or
serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Penal Code 1.07(46), (17)
16.
Dress Code
The dress and grooming standards of the Frenship Independent School District are meant to promote a positive, professional
learning environment where the focus is on instruction and not on clothing. FISD recognizes that parents are essentially
responsible for their student's dress and general appearance. The district's dress and grooming code is established to teach
hygiene, instill discipline, prevent disruption, avoid safety hazards, and affirm authority. Students shall come to school looking
clean, neat and ready to learn, wearing clothing and exhibiting grooming that will not be a health or safety hazard to the student
or others. FISD prohibits any clothing or grooming that in the administration’s judgment may cause disruption of, or
interference with, normal school operations. We believe that a student's behavior is influenced by his or her attire and
grooming. Therefore, consistent with applicable law, the following requirements for student dress and grooming are established:
Standards:
•
The general appearance of the student and his or her clothing should not interfere with the instructional program.
•
Clothing should be worn in a manner that it is designed and constructed for, worn that is not suggestive or indecent.
•
Clothing that exhibits pictures, emblems, slogans or writings that are lewd, offensive, vulgar, or obscene, or that depict or
advocate violence, or advertise tobacco products, alcoholic beverages, drugs, or any other substance prohibited under FNCF
(LEGAL) is prohibited.
•
The wearing or possessing of heavy chains, such as wallet chains, and any spiked jewelry on school grounds is prohibited.
•
Clothing that is not properly hemmed is prohibited. This prohibition includes the hems of shorts, pants, skirts, and shirts as
well as shirt armholes.
•
Any tight-fitting clothing deemed to be improper will not be allowed. This includes leggings, leotards, biking shorts/tights,
etc. The wearing of leggings under short skirts, shorts or long shirts do not make it dress code compliance.
•
Footwear shall be a part of regular attire. The wearing of house shoes or skate shoes is prohibited.
•
Students’ hair shall be clean and well-groomed. All hair colors shall be natural hair colors. Bright or neon colors and
extreme hairstyles, including shaved designs and Mohawks, are prohibited. Afros or teased styles may not exceed three (3)
inches in height. Any accessory weave must blend with the natural color of the hair.
•
The hair on male students:
o May not extend below the collar of a shirt;
o May not extend below the bottom of the earlobe;
o Must be kept above the eyebrows; and
o May not be worn in a ponytail.
32
•
•
•
•
•
•
•
•
•
•
17.
Male students must be clean shaven at all times, with no mustaches or goatees. Sideburns may not extend below the earlobe
nor be more than one inch (1") in width.
Any tattoos or body piercing on a student must not be visible to others, except female students may wear earrings or studs.
Male students shall not wear earrings or any other foreign objects in the ear, unless prescribed by a physician. This
prohibition on visible body piercing includes, but is not limited to, facial studs, facial rings, clear spacers, or tongue bars.
To prevent inappropriate exposure when a student is sitting, standing or performing other normal activities, the length of a
dress, skirt, or shorts must be longer than “fingertip length,” i.e., the length must extend beyond the point where the
student’s fingertips fall when his/her arms are at the side).
For female students, tops with straps less than 3” wide (secondary students), spaghetti straps, halter tops and/or tops without
a standard armhole are prohibited. For male students, tops without a standard armhole, tank tops, or other like tops are
prohibited. Any top/shirt showing bare midriff is prohibited.
Any clothing with excessively improper fit is prohibited. The waist of pants must be worn at the proper place on the hips.
No sagging or bagging pants/shorts are permitted.
The wearing of pajamas and/or other similar sleeping attire is prohibited.
The wearing of overcoats, trench coats, or dusters is prohibited.
Except as required by law, hats, caps, sunglasses, or head coverings, including bandannas, are not to be worn by students in
the school buildings at any time.
Pants or shorts with holes in them are prohibited. Any undergarment may not be visible.
Any apparel or accessory that denotes gang-related association is prohibited (i.e. rags, bandanas, chains, spiked or studded
items, colored rosary, or other physical alterations as identified by local law enforcement.)
Disruption of Classes and/or Lawful Assembly
a.
Conduct by students either in or out of class that 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.
b.
Student demonstrations and similar activities shall be prohibited when there is evidence that may reasonably lead
school authorities to forecast substantial disruption of, or material interference with, normal school operations or
approved school activities. Board policy FNCI (LEGAL)
c.
No person shall be permitted, on school property or on public property within 500 feet of school property, to
willfully disrupt, alone or in concert with others, the conduct of classes or other school activities.
d.
Conduct that disrupts the educational activities of a school includes:
i. Emissions by any means of noise of an intensity which prevents or hinders classroom instruction.
ii. Enticement or attempted enticement of students away from classes or other school activities which
students are required to attend.
iii. Prevention or attempted prevention of students from attending classes or other school activities which
students are required to attend.
iv. Entrance into a classroom without consent of either the principal or teacher and either through acts of
misconduct and/or use of loud or profane language causing disruption of class activities.
v. For purposes of this provision, “school property” shall include the public school campuses or school
grounds upon which any public school is located, and any grounds or buildings used by District schools
for assemblies or other school-sponsored activities.
vi. For purposes of this provision, “public property” shall include any street, highway, alley, public park, or
sidewalk. Education Code 37.124; Board policy GKA (LEGAL)
No person or group of persons acting in concert may intentionally engage in disruptive activity or disrupt a lawful
assembly on the campus or property of any school in the District. (lawful assembly: see definition in appendix)
e.
i. Disruptive activity means:
1.
Obstructing or restraining the passage of persons in an exit, entrance, or hallway or any building
without the authorization of the administration of the school.
2.
Seizing control of any building or portion of a building for the purpose of interfering with any
administrative, educational, research, or other authorized activity.
3.
Preventing or attempting to prevent by force or violence or the threat of violence any lawful
assembly by the school administration.
4.
Disrupting by force or violence or the threat of force or violence a lawful assembly in progress.
5.
Obstructing or restraining the passage of any person at any exit or entrance to said campus or
property or preventing or attempting to prevent by force or violence or by threats thereof the
ingress or egress of any person to or from said property or campus without the authorization of
the administration of the school.
33
6.
18.
Gang Activity
a.
b.
19.
20.
A lawful assembly is disrupted when any person in attendance is rendered incapable of
participating in the assembly due to the use of force or violence or due to a reasonable fear that
force or violence is likely to occur. Education Code 37.123; Board policy GKA (LEGAL)
A “gang” is defined as any group of two or more individuals whose purposes may include the commission of illegal
acts. A gang is a prohibited fraternity, sorority, or society as defined by Education Code 37.121.
Gang activities and gang involvement are described as:
i. Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, emblems, badges,
symbols, signs, graffiti, or other items that are evidence of membership or affiliation in a gang.
ii. Committing any act or using any speech, either verbal or non-verbal such as gestures, handshakes, and
the like, that indicates membership or affiliation in a gang.
iii. Promoting interest in any gang or gang activity, including but not limited to:
1. Soliciting others for membership.
2. Requesting any person to pay protection or otherwise intimidating or threatening any person.
3. Committing any other illegal act or other violation of District policies.
4. Inciting other students to act with physical violence toward any other person.
5. Engaging in concert with others in intimidating, fighting, assaulting, or threatening to assault
others. (assault: see definition in appendix)
6. Painting, writing, or otherwise inscribing gang-related graffiti, messages, symbols, or signs, on
school property, or on property of students or staff. Policy FMC Local
Harassment
a.
“Harassment” means threatening to cause harm or bodily injury to another student, engaging in sexually
intimidating conduct, 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 emotion health or safety.
a.
“Hazing” means any intentional, knowing, or reckless act occurring on or off school property directed against a
student, by one person alone or acting with others, that endangers the mental or physical health or the safety of a
student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining
membership in any organization whose members are or include other students. The term includes but is not
limited to:
Hazing
i. Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing
of a harmful substance on the body, or similar activity.
ii. Any type of physical activity, such as sleep deprivation, exposure to the elements, and confinement in a
small space, calisthenics, or other activity that subjects the student to an unreasonable risk of harm or that
adversely affects the mental or physical health or safety of the student.
b.
Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that
subjects the student to any unreasonable risk of harm or that adversely affects the mental or physical health or
safety of the student.
c.
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 entering or remaining registered in an educational institution, or that may reasonably be expected to
cause a student to leave the organization or the institution rather than submit to acts described above.
d.
Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the
Penal Code. Education Code 37.151; FISD Board Policy FNCC (LEGAL)
e.
A person commits an offense if the person commits any of the following:
i. Engages in hazing.
ii. Solicits, encourages, directs, and aids, attempts to aid another in an act of hazing.
iii. Recklessly permits hazing to occur.
iv. Has firsthand knowledge of the planning of a specific hazing incident involving a student, or first-hand
knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge in
writing to the principal, Superintendent or designee. Education Code 37.152; FISD Board Policy FNCC
(LEGAL)
34
f.
21.
22.
If you haze, help someone haze, or know about hazing and do not report it, a student will be:
a.
First Offense: The student will be disciplined by the campus administration according to campus and district
policies for a serious misbehavior incident. Also, the student will be placed on probation for extracurricular
activities.
b.
Second Offense: The student will be disciplined by the campus administration according to campus and district
policies for a serious misbehavior incident. Also, the student will be suspended from participation in all
extracurricular activities.
a.
“Hit list” means a list of people targeted to be harmed, using:
Hit List
i. A firearm, as defined by Section 46.01 (3), Texas Penal Code;
ii. A knife, as defined by Section 46.01 (7), Texas Penal Code;
iii. Any other object to be used with intent to cause bodily harm.
Indecency with a Child
a.
23.
A person commits an offense if, with a child younger than 17 years and not the person’s spouse, whether the child
is of the same or opposite sex, the person:
i. engages in sexual contact with the child or causes the child to engage in sexual contact; or
ii. with intent to arouse or gratify the sexual desire of any person:
b. It is an affirmative defense to prosecution under this section that the actor:
i. was not more than three years older than the victim and of the opposite sex; and
ii. did not use duress, force, or a threat against the victim at the time of the offense.
c. See Texas Penal Code 21.11
Indecent Exposure
A person commits an offense if he exposes his private parts 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 by his act. Penal Code 21.08
24.
Manslaughter Recklessly causing the death of an individual, i.e., acting, with respect to circumstances surrounding his conduct
or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the
circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross
deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the
actor’s viewpoint. Penal Code 19.04, 6.03(c)
25.
Murder
a.
b.
26.
[Subsections (a) and (b) are not pertinent to school offenses.]
A person commits an offense of murder if he:
i. intentionally or knowingly caused the death of an individual;
ii. intends to cause serious bodily injury and commits an act clearly dangerous to human life that caused the
death of an individual; or
iii. commits or attempts to commit a felony, other than manslaughter, and in the course of and in furtherance
of the commission or attempt, or in immediate flight from the commission or attempt, he commits or
attempts to commit an act clearly dangerous to human life that causes the death of an individual. Penal
Code 19.02
Capital Murder, Criminal Attempt to Commit Capital Murder
a.
b.
A person commits an offense of capital murder if he commits murder as defined under Section 19.02(b)(1) and:
i. the person murders a peace officer or fireman who is acting in the lawful discharge of an official duty and
who the person knows is a peace officer for fireman;
ii. the person intentionally commits the murder in the course of committing or attempting to commit
kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction or retaliation; (aggravated
sexual assault and arson: see definition in appendix)
iii. the person commits the murder for remuneration or employs another to commit the murder for
remuneration or the promise of remuneration;
iv. the person commits the murder while escaping or attempting to escape from a penal institution;
the person, while incarcerated in a penal institution, murders another:
i. who is employed in the operation of the penal institution; or
ii. with the intent to establish, maintain, or participate in a combination or in the profits of a combination;
35
1.
the person:
a.
27.
while incarcerated for an offense under this section or Section 19.02, murders another;
or
b. while serving a sentence of life imprisonment or a term of 99 years for an offense under
Section 20.04, 22.021, or 29.03, murders another;
2. the person murders more than one person:
a. during the same criminal transaction; or
b. during different criminal transactions but the murders are committed pursuant to the
same scheme or course of conduct; or
c. the person murders an individual under six years of age. Penal Code Section 19.03
Paging Device or Cellular Telephone
a.
28.
Persistent Misbehavior
a.
29.
“Persistent misbehavior” consists of two or more separate violations of the Student Code of Conduct in general or
repeated violations of the same offense.
Possession
a.
30.
A “paging device or cellular telephone” is a telecommunications device that emits an audible signal, vibrates,
displays a message, or otherwise summons or delivers a communication to the possessor. Education Code 37.082:
FISD Policy FNCE (LEGAL)
“Possession” means having actual or constructive control of an item either on the student’s person, or in a car,
locker, bag, or other article under the actual or constructive control of the student, regardless of the student’s
knowledge or intent to possess the item. A student shall be deemed to possess all items located inside a vehicle he
or she parks on school grounds whether or not the student is present when a prohibited item is found.
Prohibited Weapons
a.
“Prohibited weapons” are defined as follows:
b.
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; 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, the frame or receiver of any such weapon, any firearm muffler or firearm silencer). Penal Code
46.03(a), 46.01(3); 18 U.S.C. § 921(a)(3)
c.
A destructive device (any explosive, incendiary, or poison gas, bomb, grenade, rocket having a propellant charge of
more than four ounces, missile having an explosive or incendiary charge of more than ¼ ounce, mine, or device
similar to any of these devices. The term does not include an antique firearm). 18 U.S.C. § 921(a)(4)
d.
An illegal knife as defined by law (knife with a blade over 5 ½ inches, hand instrument designed to cut or stab
another by being thrown, dagger, bowie knife, sword, spear). Penal Code 46.01(6), 46.03(a); Education Code
37.007(1)(B); Board policy FNCG (LEGAL), FNCG (LOCAL)
e.
An 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 loud report as to cause undue public alarm or terror, and includes a device
designed, made or adapted for delivery or shooting an explosive weapon). Penal Code 46.01(2); Board policy
FNCG (LEGAL)
f.
A machine gun (any firearm that is capable of shooting more than two shots automatically, without manual
reloading, by a single function of the trigger). Penal Code 46.01(9); Board policy FNCG (LEGAL)
g.
A 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).
Penal Code 46.01(10); Board policy FNCG (LEGAL)
h.
A switchblade knife (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. The term does not include a knife
that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion
applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.). Penal Code
46.01 (11); Board policy FNCG (LEGAL)
i.
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). Penal Code 46.01(8); Board policy FNCG (LEGAL)
36
31.
j.
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). Penal Code 46.01(12); Board policy FNCG
(LEGAL)
k.
A chemical dispensing device (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). Penal Code 46.01(14); Board policy FNCG (LEGAL)
l.
A zip gun (a 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).
Penal Code 46.01(16); Board policy FNCG (LEGAL)
m. A club (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). Penal
Code 46.01(1), 46.03(a); Board policy FNCG (LEGAL)
1. A student shall not interfere with normal activities, occupancy, or use of any building or portion
of the campus or of any school bus engaged in the transportation of students to and from schoolsponsored activities by exhibiting, using, or threatening to exhibit or use a firearm. Education
Code 37.125
Public Lewdness
a.
32.
A person commits an offense if he knowingly engages in what is deemed an offensive act in a public place or, if not
in a public place, he is reckless about whether another is present who will be offended or alarmed by his behavior.
See Texas Penal Code 21.07
Retaliation
a.
Intentionally or knowingly harms or threatens to harm another by an unlawful act:
i. in retaliation for or on account of the service or status of another as a:
ii. public servant
iii. person who has reported or who the actor knows intends to report the occurrence of a crime; or
iv. to prevent or delay the service of another as a:
v. public servant, witness, prospective witness, or informant; or
vi. person who has reported or who the actor knows intends to report the occurrence of a crime.
a. “Informant” means a person who has communicated information to the government
in connection with any governmental function.
b. “Harm” means anything reasonably regarded as loss, disadvantage, or injury,
including harm to another person in whose welfare the person affected is interested.
Penal Code 1.07 (25), 36.06
33.
Self-defense is the use of force against another to the degree a person reasonably believes the force is immediately necessary to
protect himself or herself.
34.
Serious bodily injury is defined as bodily injury that creates a substantial risk of death or that causes death, serious permanent
disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
35.
Serious misbehavior includes, but is not limited to, the following offenses:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Conduct punishable as a felony
Assault resulting in bodily injury (assault: see definition in appendix)
Making a false report or alarm of bombing, fire, or other emergency involving a public school
Terroristic threat involving a public school (see appendix for definition)
Offenses relating to marijuana, controlled substances and dangerous drugs
Offenses relating to alcohol
Offenses relating to abusable glue, volatile chemicals and aerosol paint
Indecent exposure (see definition in appendix)
Public lewdness
Retaliation against a school employee, regardless of where the conduct takes place (retaliation: see definition in
appendix)
k. Using profanity, lewd or vulgar language, or obscene gestures directed at a school employee
l. Lying about the conduct of other students or making false accusations about district employees
m. Failing to comply with campus or district policies
n. Committing extortion, coercion, or blackmail
o. Committing or assisting in a robbery, theft, or burglary
p. Damaging or vandalizing the property of others, including district property, when the value of the damage is less
than $1,500
q. Using or possessing a pellet gun, air-powered rifle, toy gun, or any other instrument that may be perceived by a
third party as a firearm
37
r.
Pulling a fire alarm or discharging a fire extinguisher in a building owned or operated by the district when there is
not smoke, fire, or danger that requires evacuation
s. Possessing or using martial arts objects
t. Inappropriate physical or sexual contact, whether or not it is consensual
u. Conduct that constitutes sexual harassment or sexual abuse
v. Inappropriate or indecent exposure of a student’s body parts. This includes, but not limited to, sexting
w. Possessing or selling look-alike drugs or items attempted to be passed off as drugs or contraband
x. Gambling of any kind
y. Hazing
z. Repeatedly violating other previously communicated campus or classroom standards of behavior
aa. Committing an assault of any kind (assault: see definition in appendix)
36.
Sexting
•
•
the act of sending sexually explicit photos electronically, primarily between cell phones
Sending or forwarding inappropriate e-mails containing offensive language
“Sexting” or using a cell phone or other personal communication device to send text or e-mail messages
or possessing text or e-mail messages containing images reasonably interpreted as indecent or sexually
suggestive while at school or at a school-related function. In addition to any disciplinary action, phones
will be confiscated and students should be aware that any images suspected to violate criminal laws will
be referred to law-enforcement authorities.
37.
Sexual Assault
a.
38.
“Sexual assault” is defined as intentionally or knowingly causing physical sexual contact or sexual penetration of
another person without that person’s consent. Sexual assault is without the consent of the other person if the actor
compels the other person to submit or participate by use of physical force or violence, or threat of force or violence,
and the other person believes the actor has the present ability to execute the threat; or the other person cannot
consent. Education Code 37.007(a)(2)(A); Penal Code 22.011; Board policy FNCH (LEGAL)
Terroristic Threat
a.
A “terroristic threat” is a threat to commit any offense involving violence to any person or property with the intent
to:
i. cause a reaction of any type to his threat by an official or volunteer agency organized to deal with
emergencies
ii. place any person in fear of imminent serious bodily injury; or
iii. 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
iv. cause impairment or interruption of public communications, public transportation, public water, gas, or
power supply or other public service. Penal Code 22.07
39.
40.
Under the Influence
a.
“Under the influence” means not having the normal use of mental or physical faculties; however the student need
not be legally intoxicated.
b.
District officials may determine that a student is under the influence based on information or the student’s
admission that student used a prohibited substance (alcohol, dangerous drug, controlled substance, or any other
intoxicant) at school or recently enough prior to being at school or a school activity that the student would
experience the effects of using the substance while at school or the school activity.
a.
“Use” means 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.
Use
38
APPENDIX B—DAEP Placement Appeal Forms
FRENSHIP I.S.D.
DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM PLACEMENT
APPEAL FORM: TO DIRECTOR OF STUDENT SERVICES
This form must be filled out completely for an appeal to the Director of Student Services of Frenship I.S.D. on a
placement in the disciplinary alternative education program in accordance with the Frenship ISD Student Code of
Conduct within three school business days of the action that is the subject of the appeal. The Director will hold a
conference with the student and/or parent(s) within five school business days of the request. The Director will
respond to the appeal in writing:
Name of person filing appeal: ____________________________________________________
Address: ____________________________________________________________________
Home Phone #________________________ Other Phone #____________________________
Student name for whom the appeal is being made: _____________________________________
Campus: _____________________________ Grade level: _____________________
Please state the reason for your appeal of placement in the disciplinary AEP. Please describe in detail the events
surrounding the reason this appeal is being requested. Please include dates, times, locations, persons present,
statements made, etc. Be as factual as possible. Attach additional pages if necessary.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Persons having personal knowledge of the facts stated in the appeal:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Please state what specific relief or resolution you are requesting:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Attach any additional written pages or documentation.
Sign and date below
“I affirm that the above and attached statements are true to the best of my knowledge.”
_________________________________________________________________
Signature of person making this appeal
Date
_________________________________________________________________
Signature of person receiving this appeal
Date
39
FRENSHIP I.S.D.
DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM PLACEMENT
APPEAL FORM: TO BOARD’S DESIGNEE
This form must be filled out completely for an appeal to the Board’s designee on a placement in the disciplinary
alternative education program in accordance with the Frenship ISD Student Code of Conduct. This form should be
turned in to the Assistant Superintendent of Administrative Services of Frenship ISD (Board’s designee) within 3
school business days of parents’ receipt of the written decision by the Director of Student Services. The Frenship
ISD Assistant Superintendent of Administrative Services will hold a conference with the student and/or parent(s)
within 5 school business days of the request. The Assistant Superintendent of Administrative Services will respond
to the appeal in writing. The decision of the Assistant Superintendent of Administrative Services is final and may
not be appealed in accordance with state law (Texas Education Code 37.009(a)) and the Frenship ISD Student Code
of Conduct.
Address: ____________________________________________________________________
To whom did you submit your previous appeal? ______________________________________
Additional statements or information provided regarding this appeal:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
1.
2.
3.
Attach a copy of the previous appeal.
Attach a copy of the previous decision being appealed.
Attach any additional written pages or documentation.
Sign and date below
_________________________________________________________________
Date
_________________________________________________________________
Date
40
APPENDIX C—Expulsion Appeal Forms
EXPULSION APPEAL FORM
This form must be filled out completely for an appeal to the Frenship ISD Board or its designee’s determination to
expel a student in accordance with the Frenship ISD Student Code of Conduct. This form should be turned in to the
Superintendent or designee within 3 school business days of the date of the order of expulsion. Except as modified
by the Student Code of Conduct, the expulsion appeal will follow the procedures established in Board policy
FNG(LOCAL) beginning at Level Three of the procedure.
At the meeting, the Board will review the record made at the expulsion hearing and will provide the parent and/or
student with an opportunity to make a presentation. The administration may also be asked to speak. No new
evidence, including witnesses or documents, will be admitted. The Board will have available to it at the appeal
hearing all information provided by the administration and student at the expulsion hearing. The Board may set
reasonable time limitations for presentations.
The student is expelled pending appeal.
Address: ____________________________________________________________________
Date of Expulsion Order _________________________
Will you be represented by counsel? If yes, please provide your counsel’s name and telephone number:
Counsel’s Name: _____________________________
Telephone: ________________________
Substance of your argument that the Board’s designee reached a wrong determination under FISD Student Code of
Conduct:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
Sign and date below
_________________________________________________________________
Date
_________________________________________________________________
Date
41

FRENSHIP I S

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