Chapter 8

The Educator' Guide to Texas School Law

Chapter 8: Student Discipline

Interactive Lesson

joinmyquiz.com and enter the code 533065

Open Ended

What do you know about student discipline? How about its limits?

Examples: Suspension, Expulsion, Corporal Punishment (Legal or not?)

Chapter 37: Texas Education Code

• Student discipline under the U.S. Constitution and Texas Statute protects students, teachers, and administration

• Adopted in 1995 and updated in 2009 to make student discipline more consistent state-wide and move away from the Zero Tolerance Policy.

• Outlines the requisite resources, discipline procedures, and classification of student offenses to which districts must adhere

Multiple Select

What are the 4 main themes of Chapter 37 in regards to the state's disciplinary approach? Check all that apply.

• Keeping students in school if at all possible

• Doling out the harshest penalty as allowed by law

• Providing alternative education programs for major disciplinary offenses

• Mandating the coordination of schools with law enforcement

• State law determining student discipline actions

Legal Terms

• Due Process- deprivation of educational services requires the student be given notice and explanation of charges and the opportunity to defend themselves

• Reasonable Belief- a decision by the Superintendent or designee based on objectivity considering all available evidenc

• Nexus- a connection or link

• Foreseeability- The ability to reasonably anticipate the potential results of an action

Influential Court Cases

• Goss v Lopez (1975) granted students the right to due process

• Meyer v Austin ISD (1998) ruled that due process must be provided to the students, not the parents

• C.R. v. Eugene School District 4J (2016) established jurisdiction over student behavior off-campus with nexus and forseeability

Requisite Resources

• Student Code of Conduct- districts are required to adopt a Code of Conduct that explicitly outlines the rules, regulations, and prohibited behavior of students

• Campus Behavior Coordinator- a campus staff member designated by the Principal, usually a Vice-Principal, that is responsible for handling disciplinary decisions and actions regarding student misconduct

Poll

Who is tasked with appointing a Campus Behavior Coordinator?

• The school board hires them

• The superintendent

• The Principal

• Voters

• Law Enforcement

Addressing Bullying

• Bullying- acts (physical, verbal, or electronic) directed at a student, exploit an imbalance of power, and cause certain effects.

• Bullying includes harm, or fear of harm, of person/property, creates an intimidating, disruptive, or abusive learning environment, or infringes on the rights of the victim at school

• Includes both on-campus and cyber actions

• Must be included in the Health Curriculum

Anti-Bullying Policies

• School Boards must adopt policies that prohibit bullying and retaliation for reporting, establish procedures for notification of parents of all parties, and train students in obtaining assistance and intervention.

• Boards must also establish counseling for all parties, establish procedures for reporting and investigation, prohibit discipline for self-defense, and establish disciplinary actions for bullying of a student with disabilities that comply with federal law

Multiple Select

True or False.

Each district determines how to address bullying.

• True

• False

Allowable Disciplinary Actions

• Teacher-Initiated Student Removal

• Suspension

• Placement in a Disciplinary Alternative Education Program (DAEP) or Juvenile Justice Alternative Education Program (JJAEP) facility

• Expulsion

• Corporal Punishment

Teacher-Initiated Removal

• Gives teachers more authority in the classroom

• Outlines 3 classifications of removal:

• Teacher removal for assistance

• Discretionary teacher removal and PRCs

• Mandatory teacher removal

Multiple Select

If a student assaults a teacher, who can allow or force the student back into that specific classroom?

• The Principal

• The Placement Review Committee

• The teacher

• The student's parents

• Nobody

Suspension

A student may be suspended if the student engages in behavior identified in the code of conduct as one for which a student may be suspended.

Suspension is designed as a short-term disciplinary action and is limited to 3 days per offense. Students can be suspended from school, school-related activities, or both.

Alternative Education Programs

• Students may be placed in either Disciplinary or Juvenile Justice programs based on nature of offenses

• Outlines both mandatory and discretionary placements

• Addresses misconduct occurring both at school and away from school

• Many discretionary AEP placements are determined with "Reasonable Belief"

• Every district must designate a DAEP and counties with a population of 125k+ must establish a JJAEP

Mandatory AEP Offenses

• Any conduct punishable as a felony

• An assault resulting in bodily injury

• Certain drug offenses

• Certain alcohol offenses

• Inhalant offenses

• Public lewdness

• Indecent exposure

Mandatory AEP Offenses

• False alarm or report involving a public school

• Terroristic threat involving a public school

• Title 5 felony offense of Texas Penal Code

• Aggravated robbery

• Retaliation against a school employee 

Discretionary Placement Offenses

• Off-campus felony other than Title 5

• Non-law offenses, as long as the Code of Conduct advises that removal may occur

• Any arrest or charge of a Title 5 felony

• Required registration as a sex offender and under court supervision

• Cooperation with Law Enforcement dictates that officers notify the superintendent within 24 hours after the arrest of a student

Multiple Select

A student may be placed in an AEP for a non-law offense, as long as____

• the Superintendent orders it

• the offense is outlined in the Student Code of Conduct as such

• the on-campus officer determines it is the best course of action

The AEP Campus

• 15:1 student to teacher ratio

• Instruction in each foundational curriculum subject

• Emphasizes self-discipline, behavior management, safety, and the needs of each student

• Staff are highly-trained in proactive strategies

• Elementary and Secondary students remain seperated

• Mandatory entrance through a metal detector, along with routine searches and pat-downs

Expulsion

• Reserved for students 10 years and older

• Harshest disciplinary action

• Offenses must occur on school property or during a school function

• Expelled students will be placed in a Juvenile correction program or facility

Expellable Offenses

• Arson

• Capital or Attempted Murder

• Indecency with a Child

• Aggravated Kidnapping

• Aggravated Robbery

• Posession of a Weapon

• Assaultive Offenses

Expellable Offenses

• Manslaughter

• Criminally Negligent Homicide

• Continuous Sexual Assault of a Child

• Felony Drug and Alcohol offenses

• Retaliatory commission of an expellable offense against any school employee

Multiple Choice

Expellable offenses must occur

• within 300 yards of the campus

• between at least two students from the same campus

• on school property or at a school-related function

• within the district

Corporal Punishment

• The deliberate infliction of physical pain by hitting, paddling, spanking, slapping, or any other physical force used as a means of discipline,

• Legal state-wide

• Use is determined by individual districts

Corporal Punishment

• Parents must provide written notice yearly prohibiting corporal punishment of their child

• Many districts restrict, but not prohibit, usage

• Practice makes districts susceptible to parent complaints and litigation

Independent Practice

Kahoot.it

PIN 08078846

Open Ended

Exit Ticket

Chapter 37 laws are written to protect students, teachers, and administration. How do these laws protect everyone?