STUDENT DISCIPLINE:
EXPULSION

FOD (R)

MANDATORY EXPULSION

Texas Education Code 37.007 mandates that a student shall be expelled from a school if the student commits one or more of the following offenses, on school property or while attending a school-sponsored or school-related activity on or off of school property:

  1. A firearm violation, as defined by federal law. By federal law, a student is expelled for one calendar year for a firearm violation. A firearm under federal law includes:
    1. Any weapon (including a starter gun), which will or is designed to or which may readily be converted to expel a projectile by the action of an explosive.
    2. The frame or receiver of any such weapon.
    3. Any firearm muffler or firearm weapon.
    4. Any destructive device, such as any explosive, incendiary, or poison gas bomb, or grenade.
  2. Use, exhibition, or possession of the following, under Texas Penal Code:
    1. A firearm. 
    2. An illegal knife (such as a knife with a blade over 5 ‡ inches); hand instrument, designed to cut or stab another by being thrown; dagger, including but not limited to a dirk, stiletto, and poniard; bowie knife; sword; or spear. 
    3. A club.
    4. A prohibited weapon, such as an explosive weapon; a machine gun; a short barrel firearm; a firearm silencer; a switchblade knife; knuckles; armor-piercing ammunition; a chemical dispensing device; or a zip gun.
  3. Behavior containing the elements of the following under the Texas Penal Code:
    1. Aggravated assault, sexual assault, or aggravated sexual assault. 
    2. Arson. 
    3. Murder, capital murder, or criminal attempt to commit murder. 
    4. Indecency with a child.
    5. Aggravated kidnapping.
    6. Behavior related to an alcohol or drug offense that could be punishable as a felony.
    7. Retaliation against a school employee combined with one of the above listed offenses on or off school property or at a school-sponsored or school-related activity.

A student who violates the provisions of the Student Code of Conduct and who is expelled shall also be referred to the Juvenile Court for placement into the Juvenile Justice Academy.

A student, who after having been placed in an alternative education program, continues to engage in serious or persistent misbehavior that violates the Districtís previously communicated written standards of student conduct may be removed from class and expelled.

HANDICAPPED STUDENTS

A handicapped student may be expelled for engaging in conduct that would warrant such action for a nonhandicapped student only if the ARD committee determines the misconduct is not related to the handicapping condition or inappropriate placement.

In determining whether a studentís disruptive behavior was related to a studentís handicapping condition, the ARD committee shall base its decision on current evaluation and assessment data and on review of the current IEP documentation rather than on established eligibility or previous committee decisions. The ARD committee shall consider whether the studentís behavior indicates the need for new assessment or evaluation data.

The ARD committee shall determine the educational services to be provided during the time of expulsion. The studentís IEP shall include goals and objectives designed to assist in returning the student to school and preventing significant regression. The student shall not earn credit for his or her work during the period of expulsion.

If the ARD committee determines that the studentís disruptive behavior is related to the handicapping condition or inappropriate placement, the student shall not be expelled. If the disruptive behavior on the part of the student indicates an inappropriate placement, the ARD committee shall review the placement and recommend alternatives.

DUE PROCESS

A student shall be expelled by written order setting the term of expulsion. Before the expulsion, the Hearing Officer shall provide the student an opportunity for a hearing at which the student is afforded due process, which shall include the following:

  1. Prior notice of the charges and the proposed sanctions so as to afford a reasonable opportunity for preparation. 
  2. Right to a full and fair hearing before the Board or its designee. 
  3. Right to an adult representative or legal counsel.
  4. Opportunity to testify and present evidence and witnesses in his or her defense.
  5. Opportunity to examine the evidence presented by the school administration and question the administrationís witnesses.

The notice shall be in writing and shall advise the student of the nature of the evidence and the names of any witnesses whose testimony may be used against the student. The decision shall be based exclusively on evidence presented at the hearing. The final decision shall be communicated within 48 hours to the student and parent(s) or guardian.

The Hearing Officer shall set a term for the expulsion based upon the seriousness of the offense and other relevant factors. The expulsion may not extend beyond the end of the school year unless the conduct directly leading to the expulsion occurred during the final grading period of the school year, in which case the expulsion may extend beyond the end of the current school year but not beyond the end of the first semester of the next school year.

A student who is to be expelled for the first time for possession, use, or for being under the influence of an alcoholic beverage may not be expelled beyond the end of the semester, unless the conduct directly leading to the expulsion occurred during the final grading period of a semester, which may result in expulsion not to extend beyond the end of the next regular semester.

TEACHER REMOVAL

Texas Education Code 37.002 (a-d) permits a teacher to remove a disruptive student from the classroom. Certain stipulations apply to the removal.

HANDICAPPED STUDENTS APPEAL

A handicapped student shall not be excluded pending appeal to the Board for more than ten days without ARD committee action. During an appeal to the Hearing Officer, the student shall remain in his or her current classes unless the District and parent(s) or guardian agree otherwise or the Hearing Officer grants an interim order to authorize the exclusion.

PROCEDURES FOR PRINCIPALíS RECOMMENDATION FOR EXPULSION

The following procedures shall be followed when the school principal determines that a recommendation of expulsion is the appropriate action befitting a particular offense by a student:

  1. The principal shall immediately contact the Hearing Officer or Director of Pupil Personnel Services and inform him/her of the referral and the recommendation of expulsion. 
  2. The principal shall have a conference with the student and parent(s) or guardian and inform them of the referral and the recommendation of expulsion. The referral should be in writing to the parent. A form letter [see FOD (E)] should be used by the school.
  3. The student shall be removed from school and placed on suspension pending the outcome of the hearing at the Department of Pupil Personnel Services. The student may not be placed on suspension more than a total of six days per semester in all other cases. 
  4. The information package on each student referred to the Department of Pupil Personnel Services should include the following:
    1. Cumulative folder.
    2. Discipline file.
    3. Classroom teacher comments.
    4. A report from the counselor.
    5. Copy of the latest report card.
    6. Attendance report:

      (1) Days enrolled this school year. 
      (2) Days present. 
      (3) Days absent.

    7. A detailed narrative report describing the reason(s) the student has been referred to Pupil Personnel Services. The narrative report should list the number of times the student has been referred to the office, the reason for each referral and the discipline management technique applied to correct the studentís behavior.
    8. The narrative report must have the principalís recommendation and signature.
    9. The Manifestation Determination must be included if the student is a special education student.
    10. A report from an ARD committee that the studentís behavior was not caused by the handicapping condition, if the student is qualified as a special education student.
  5. Students recommended for expulsion, if not expelled after the hearing, may have the time of removal from the home school extended by the Department of Pupil Personnel Services.
  6. The school administrator shall be very conscientious about the documentation of conferences, telephone calls, etc. Statements by all staff members who are involved in an incident should be factual and thorough. All witnesses to an incident as well as the personnel who are directly involved should be informed that it may be necessary for them to testify as witnesses.

The following cautionary notes shall apply:

  1. The hearing, by law, must be held within three school days from the date of the offense. Immediate communication between the principal and the Department of Pupil Personnel Services is essential.
     
  2. Documentation must be extremely thorough. No new evidence may be admitted into the record after the evidentiary hearing by the Hearing Officer. This makes it imperative that the narrative report, written statements by witnesses, documentation of conferences, telephone calls, etc., be exact and thorough as well as available before the hearing. There will not be a second opportunity by either party to submit new evidence after the hearing.
  3. Any question(s) regarding offenses should be directed to the Hearing Officer or Director of Pupil Personnel Services.
  4. The principal must be present at the expulsion hearing.

ISSUED DATE: 08/11/99