Code of Conduct

As required by law, a single person at each campus must be designated to serve as the campus behavior coordinator (CBC). The designated person may be the principal, or any other campus administrator selected by the principal. Additional staff members may assist the CBC in the performance of the CBC’s duties, provided that the CBC personally verifies that all aspects of Chapter 37, Subchapter A are appropriately implemented. The CBC is primarily responsible for maintaining student discipline. The CBC shall monitor disciplinary referrals and report the following behavior to the campus’s threat assessment and safe and supportive school team: 

• Conduct that contains the elements of the offense of terroristic threat under Penal Code 22.07;
• Conduct that contains the elements of the offense of unlawfully carrying weapons under Penal Code 46.02; School District Authority and Jurisdiction
• Conduct that contains the elements of the offense of exhibiting, using, or threatening to exhibit or use a firearm under Education Code 37.125; and
• Any concerning student behaviors or behavioral trends that may pose a serious risk of violence to the student or others.

The district shall post on its website and in the Student Handbook, for each campus, the email address and telephone number of the person serving as CBC. Contact information may be found at SFISD.org

The CBC or other appropriate administrator will work closely with the campus threat assessment and safe and supportive school team to implement the district’s threat assessment policy and procedures, as required by law, and shall take appropriate disciplinary action in accordance with the Code of Conduct.

District officials may conduct searches of students, their belongings, including cell phones, and their vehicles in accordance with state and federal law and district policy. Searches of students shall be conducted in a reasonable and nondiscriminatory manner. Refer to the district’s policies at FNF(LEGAL) and FNF(LOCAL) for more information regarding investigations and searches. 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. Desks, lockers, district-provided technology, and similar items are the property of the district and are provided for student use as a matter of convenience. District property is subject to search or inspection at any time without notice.

The principal or CBC and other school administrators as appropriate shall report crimes as required by law and shall call local law enforcement when an administrator suspects that a crime has been committed on campus.

The board utilizes District police officers and security personnel to ensure the security and protection of students, staff, and property. In accordance with law, the board has coordinated with the CBC and other district employees to ensure appropriate law enforcement duties are assigned to these persons. Provisions addressing the various types of security personnel can be found in the CKE policy series. The law enforcement duties of district police officers are: located in the District Improvement Plan

Throughout the Code of Conduct and related discipline policies, the term “parent” includes a parent, legal guardian, or other person having lawful control of the child.

The district has the right to limit a student’s participation in graduation activities for violating the district’s Code of Conduct. Participation might include a speaking role, as established by district policy and procedures. Students eligible to speak at graduation shall be notified by the campus principal. Notwithstanding any other eligibility requirements, in order to be considered eligible, a student shall not have engaged in any misconduct that resulted in an out-of-school suspension, removal to a DAEP, or expulsion during the semester immediately preceding graduation. The valedictorian and salutatorian may also have speaking roles at graduation. No student shall be eligible to have such a speaking role if he or she engaged in any misconduct that resulted in an out-of-school suspension, removal to a DAEP, or expulsion during the semester immediately preceding graduation.

In accordance with Education Code 37.105, a school administrator, SRO, or district police officer shall have the authority to refuse entry to or eject a person from district property if the person refuses to leave peaceably on request and:

1. The person poses a substantial risk of harm to any person; or

2. The person behaves in a manner that is inappropriate for a school setting and persists in the behavior after being given a verbal warning that the behavior is inappropriate and may result in refusal of entry or ejection.

Appeals regarding refusal of entry or ejection from district property may be filed in accordance with policies FNG(LOCAL) or GF(LOCAL), as appropriate. However, the timelines for the district’s grievance procedures shall be adjusted as necessary to permit the person to address the board in person within 90 calendar days, unless the complaint is resolved before a board hearing.

[See Restrictions During Placement for information regarding a student assigned to DAEP at the time of graduation.]

Students shall not:

• Fail to comply with directives given by school personnel.
• Leave school grounds or school-sponsored events without permission.
• Disobey rules for conduct in district vehicles.
• Refuse to accept discipline or consequence assigned by a teacher or principal.

Students shall not:

• Use profanity or vulgar language or make obscene gestures.
• Fight or scuffle. [See Placement and/or Expulsion for Certain Offenses for assault.]
• Threaten a district student, employee, or volunteer, including off school property if the conduct causes a substantial disruption to the educational environment.
• Engage in any behavior that violates the Student Code of Conduct and is motivated by antisemitism. [See Glossary]
• Engage in bullying, cyberbullying, harassment, or making hit lists. (See Glossary for all four terms.)
• Release or threaten to release intimate visual material of a minor or a student who is 18 years of age or older without the student’s consent.
• Engage in 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, board member, or volunteer.
• Engage in conduct that constitutes dating violence. [See Glossary]
• Engage in inappropriate or indecent exposure of private body parts.
• Participate in hazing. [See Glossary]
• Coerce an individual to act through the use or threat of force.
• Commit extortion or blackmail.
• Engage in inappropriate verbal, physical, or sexual conduct directed toward another person, including a district student, employee, or volunteer.
• Record the voice or image of another without the prior consent of the individual being recorded or in any way that disrupts the educational environment or invades the privacy of others.

Students shall not:

• Damage or vandalize property owned by others. [See Placement and/or Expulsion for Certain Offenses for felony criminal mischief.]
• Deface or damage school property, including textbooks, technology and electronic resources, lockers, furniture, and other equipment, with graffiti or by other means.
• Steal from students, staff, or the school.
• Commit or assist in a robbery or theft, even if it does not constitute a felony according to the Penal Code. [See Placement and/or Expulsion for Certain Offenses for felony robbery, aggravated robbery, and theft.]
• Enter, without authorization, district facilities that are not open for operations.

Students shall not possess or use:

• Fireworks of any kind, smoke or stink bombs, or any other pyrotechnic device;
• A razor, box cutter, chain, or any other object used in a way that threatens or inflicts bodily injury to another person;
• A “look-alike” weapon that is intended to be used as a weapon or could reasonably be perceived as a weapon;
• An air gun or BB gun;
• A short barrel firearm;
• Ammunition;
• A hand instrument designed to cut or stab another by being thrown;
• A firearm silencer or suppressor;
• *A location-restricted knife;
• *A club;
• *A firearm;
• A stun gun;
• Knuckles;
• A pocketknife or any other small knife;
• Mace or pepper spray;
• Pornographic material;
• Tobacco products (including nicotine pouches), cigarettes, e-cigarettes, and any component, part, or accessory for an e-cigarette device;
• Matches or a lighter;
• A laser pointer, unless it is for an approved use; or
• Any articles not generally considered to be weapons, including school supplies, when the principal or designee determines that a danger exists.

*See Placement and/or Expulsion for Certain Offenses for weapons and firearms. In many circumstances, possession of these items is punishable by mandatory expulsion under federal or state law.

Students shall not:

• Use a personal communication device, including a cell phone, or other electronic device on school property during the school day and shall store the device in accordance with the method of storage established by the district. [See Glossary]
• The district may authorize the use of a personal communication device for the following reasons:
  • To implement an individualized education program (IEP) or for a plan created under Section 504, Rehabilitation Act of 1973 (29 U.S.C Section 794) or a similar program or plan;
  • With documented need based on a directive from a qualified physician; or
  • To comply with a health or safety requirement imposed by law or as part of the district’s safety protocols. Inappropriate use of a personal communication device during the school day will result in disciplinary action in accordance with this Code of Conduct.

Students shall not:

• Possess, use, give, or sell alcohol or an illegal drug. [See Disciplinary Alternative Education Program (DAEP) Placement and Expulsion for mandatory and permissive consequences under state law.]
• Possess or sell seeds or pieces of marijuana in less than a usable amount. General Conduct Violations
• Possess, use, give, or sell paraphernalia related to any prohibited substance. [See Glossary for “paraphernalia.”]
• Possess, use, abuse, or sell look-alike drugs or attempt to pass items off as drugs or contraband.
• Abuse the student’s own prescription drug, give a prescription drug to another student, or possess or be under the influence of another person’s prescription drug on school property or at a school-related event. [See Glossary for “abuse.”]
• Abuse over-the-counter drugs. [See Glossary for “abuse.”]
• Be under the influence of prescription or over-the-counter drugs that cause impairment to body or mind. [See Glossary for “under the influence.”]
• Have or take prescription drugs or over-the-counter drugs at school other than as provided by district policy.

Students shall not:

• Violate policies, rules, or agreements signed by the student or the student’s parent regarding the use of technology resources.
• Attempt to access or circumvent passwords or other security-related information of the district, students, or employees or upload or create computer viruses, including off school property if the conduct causes a substantial disruption to the educational environment.
• Attempt to alter, destroy, or disable district technology resources including, but not limited to, computers and related equipment, district data, the data of others, or other networks connected to the district’s system, including off school property if the conduct causes a substantial disruption to the educational environment.
• Use the internet or other electronic communications to threaten or harass district students, employees, board members, or volunteers, including off school property if the conduct causes a substantial disruption to the educational environment or infringes on the rights of another student at school.
• Send, post, deliver, or possess electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal, including cyberbullying and “sexting,” either on or off school property, if the conduct causes a substantial disruption to the educational environment or infringes on the rights of another student at school.
• Use the internet or other electronic communication to engage in or encourage illegal behavior or threaten school safety, including off school property if the conduct causes a substantial disruption to the educational environment or infringes on the rights of another student at school. General Conduct Violations
• Utilize artificial intelligence in a way that would constitute academic dishonesty or as a means of engaging in any other prohibited conduct.

Students shall not:

• Possesses published or electronic material that is designed to promote or encourage illegal behavior or that could threaten school safety.
• Engage in verbal (oral or written) exchanges that threaten the safety of another student, a school employee, or school property.
• Make false accusations or perpetrate hoaxes regarding school safety.
• Engage in any conduct that school officials might reasonably believe will substantially disrupt the school program or incite violence.
• Throw objects that can cause bodily injury or property damage.
• Discharge a fire extinguisher without valid cause.

Students shall not:

• Violate dress and grooming standards as communicated in the Student Handbook.
• Engage in academic dishonesty, which includes cheating or copying the work of another student, unauthorized use of artificial intelligence, plagiarism, and unauthorized communication between students during an examination.
• Gamble.
• Falsify records, passes, or other school-related documents.
• Engage in actions or demonstrations that substantially disrupt or materially interfere with school activities.
• Repeatedly violate other communicated campus or classroom standards of conduct.

A student may be placed in a DAEP for behaviors prohibited in the General Conduct Violations section of this Code of Conduct.
Discretionary placements generally have durations ranging from a minimum of 20 days to a maximum of 30 days. More serious offenses may result in longer assignments. For second offenses, the starting duration is typically 45 days, while particularly severe situations may warrant placements extending up to 60 days.

In accordance with state law, a student may be placed in a DAEP for any of the following offenses:

• Engaging in bullying that encourages a student to die by suicide.
• Inciting violence against a student through group bullying.
• Releasing or threatening to release intimate visual material of a minor or of a student who is 18 years of age or older without the student’s consent.
• Involvement in a public school fraternity, sorority, or secret society, or gang including participating as a member or pledge, or soliciting another person to become a pledge or member of a public school fraternity, sorority, secret society, or gang. [see Glossary]
• Involvement in criminal street gang activity. [see Glossary]
• Criminal mischief, punishable as a felony and non-felony offenses.
• Assault (no bodily injury) with threat of imminent bodily injury.
• Assault by offensive or provocative physical contact.
• Engages in conduct that contains the elements of the offense of disruptive activities under Education Code 37.123. The conduct addressed under this education code includes, but is not limited to, the following examples:
  • obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization of the administration of the school.
  • seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;
  • Can come with a Class B misdemeanor.
• Engages in conduct that contains the elements of the offense of disruption of classes under Education Code 37.124. The conduct addressed under this education code includes, but is not limited to, the following examples:
  • emitting noise of an intensity that prevents or hinders classroom instruction;
  • preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend; and
  • entering a classroom without the consent of either the principal or the teacher and, through either acts of misconduct or the use of loud or profane language, disrupting class activities.
• Possesses or uses an e-cigarette, as defined by Section 161.081,Health and Safety Code, except that if a student who possesses or uses an e-cigarette is not placed in a disciplinary alternative education program for the first-time offense under Education Code 37.008, the student shall be placed in in-school suspension for a period of at least 10 school days. See First-Time Offense of Possession or Use of Nicotine Delivery Product or E-Cigarette for additional information.

In accordance with state law, a student may be placed in a DAEP if the superintendent or the superintendent’s designee has reasonable belief [see Glossary] that the student engaged in conduct punishable as a felony that occurs off school property and not at a school-sponsored or school-related event, if the student’s presence in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process. Aggravated robbery or felonies listed as offenses in Title 5 [see Glossary] of the Penal Code are punishable as mandatory expulsions.

The CBC may place a student in a DAEP for off-campus conduct for which DAEP placement is required by state law if the administrator does not have knowledge of the conduct before the first anniversary of the date the conduct occurred.

A student must be placed in a DAEP if the student:

• Engages in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat involving a public school. [see Glossary]
• Commits the following offenses on school property, 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:
  • Engages in conduct punishable as a felony on or off school property in some cases.
  • Commits an assault [see Glossary] under Penal Code 22.01(a)(1).
  • Except as provided by Education Code 37.007(a)(3), sells, gives, or delivers to another person or possesses, uses, or is under the influence of a controlled substance or dangerous drug in an amount not constituting a felony offense. [School-related felony drug offenses are addressed in Expulsion.] [See Glossary for "under the influence," "controlled substance," and "dangerous drug."]
  • Sells, gives, or delivers to another person or possesses, uses, or is under the influence of marijuana or THC. A student with a valid prescription for low-THC cannabis as authorized by Chapter 487 of the Health and Safety Code does not violate this provision.
  • 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.
  • Behaves in a manner that contains the elements of an offense relating to abusable volatile chemicals.
  • Sells, gives, or delivers to another person an e-cigarette, as defined by Section 161.081, Health and Safety Code.
  • Behaves in a manner that contains the elements of the offense of public lewdness or indecent exposure. [see Glossary]
  • Engages in conduct that contains the elements of an offense of harassment against an employee under Penal Code sections 42.07(a)(1), (2), (3), or (7).
  • Engages in expellable conduct and is six to nine years of age.
  • Commits a federal firearms violation and is younger than six years of age.
  • Engages in conduct that contains the elements of the offense of retaliation under Penal Code 36.06 against any school employee or volunteer on or off school property.
  • Engages in conduct that contains the elements of harassment under Penal Code 42.07 against any school employee or volunteer on or off of school property.

The student receives deferred prosecution [see Glossary], or a court or jury finds that the student has engaged in delinquent conduct [see Glossary], or the superintendent or designee has a reasonable belief [see Glossary] under Section 53.03, Family Code, for conduct defined as any of the following offenses under the Penal Code:
1. A felony offense under Title 5;
2. The offense of deadly conduct under Section 22.05;
3. The felony offense of aggravated robbery under Section 29.03;
4. The offense of disorderly conduct involving a firearm under Section 42.01(a)(7) or (8); or
5. The offense of unlawfully carrying weapons under Section 46.02, except for an offense punishable as a Class C misdemeanor under that section.

A student shall be transferred to another campus if:

• The student has been convicted of continuous sexual abuse of a young child or disabled individual or convicted of or placed on deferred adjudication for sexual assault or aggravated sexual assault against another student on the same campus; and
• The victim’s parent or another person with the authority to act on behalf of the victim requests that the board transfer the offending student to another campus.

If there is no other campus in the district serving the grade level of the offending student, the offending student shall be transferred to a DAEP.
 

Removals to a DAEP shall be made by the CBC.

Conference
When a student is removed from class for a DAEP offense, the CBC or appropriate administrator shall schedule a conference within three school days with the student’s parent, the student, and, in the case of a teacher removal, the teacher.
At the conference, the CBC or appropriate administrator shall provide the student:

• Information, orally or in writing, of the reasons for the removal;
• An explanation of the basis for the removal; and
• An opportunity to respond to the reasons for the removal.

Following valid attempts to require attendance, the district may hold the conference and make a placement decision regardless of whether the student or the student’s parents attend the conference.

In deciding whether to place a student in a DAEP, regardless of whether the action is mandatory or discretionary, the CBC shall take into consideration:
1. Self-defense [see Glossary];
2. Intent or lack of intent at the time the student engaged in the conduct;
3. The student’s disciplinary history;
4. A disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct;
5. A student’s status in the conservatorship of the Department of Family and Protective Services (foster care); or
6. A student’s status as homeless.

After the conference, if the student is placed in a DAEP, the CBC shall write a placement order. A copy of the DAEP placement order and information for the parent or person standing in parental relation to the student regarding the process for requesting a full individual and initial evaluation of the student for purposes of special education services shall be sent to the student and the student’s parent.
Not later than the second business day after the conference, the board’s designee shall deliver to the juvenile court a copy of the placement order and all information required by Section 52.04 of the Family Code.
If the student is placed in a DAEP and the length of placement is inconsistent with the guidelines included in this Code of Conduct, the placement order shall give notice of the inconsistency.

If a DAEP is at capacity at the time the CBC is deciding placement for conduct related to marijuana, THC, an e-cigarette, alcohol, or an abusable volatile chemical, the student shall be placed in ISS then transferred to a DAEP for the remainder of the period if space becomes available before the expiration of the period of the placement.
If a DAEP is at capacity at the time the CBC is deciding placement for a student who engaged in violent conduct, a student placed in a DAEP for conduct related to marijuana,

THC, an e-cigarette, alcohol, or an abusable volatile chemical may be placed in ISS to make a position in the DAEP available for the student who engaged in violent conduct. If a position becomes available in a DAEP before the expiration of the period of the placement for the student removed, the student shall be returned to a DAEP for the remainder of the period.

The parent or guardian of a student placed in DAEP shall be given written notice of the student’s opportunity to complete, at no cost to the student, a foundation curriculum course in which the student was enrolled at the time of removal, and which is required for graduation. The notice shall include information regarding all methods available for completing the coursework.

The CBC shall determine the duration of a student’s placement in a DAEP.
The duration of a student’s placement shall be determined case by case based on the seriousness of the offense, the student’s age and grade level, the frequency of misconduct, the student’s attitude, and statutory requirements.

The maximum period of DAEP placement shall be one calendar year, except as provided below.
Days absent from a DAEP shall not count toward fulfilling the total number of days required in a student’s DAEP placement order.

The district shall administer the required pre- and post-assessments for students assigned to DAEP for a period of 90 days or longer in accordance with established district administrative procedures for administering other diagnostic or benchmark assessments.
Exceeds One Year
Placement in a DAEP may exceed one year when a review by the district determines that the student is a threat to the safety of other students or to district employees.
The statutory limitations on the length of a DAEP placement do not apply to a placement resulting from the board’s decision to place a student who engaged in the sexual assault of another student so that the students are not assigned to the same campus.
Exceeds School Year
Students who are in a DAEP placement at the end of one school year may be required to continue that placement at the start of the next school year to complete the assigned term of placement.

For placement in a DAEP to extend beyond the end of the school year, the CBC or the board’s designee must determine that:
1.The student’s presence in the regular classroom or campus presents a danger of physical harm to the student or others; or

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

Questions from parents regarding disciplinary measures should be addressed to the campus administration.
Student or parent appeals regarding a student’s placement in a DAEP should be addressed in accordance with policy FNG(LOCAL). A copy of this policy may be obtained from the central administration office or online at: https://www.sfisd.org/about-sfisd/policy-and-regulations
Appeals shall begin at Level I with the Campus Principal, then with the Chief Academic Officer for Level II, and the SFISD School Board for Level III.
The district shall not delay disciplinary consequences pending the outcome of an appeal. The decision to place a student in a DAEP cannot be appealed beyond the board.

Drug Testing to Appeal: Under the Influence Infraction
A parent may choose to have their child tested for drugs if an administrator determines the child appears to be under the influence (see Discretionary Placement: Misconduct That May Result in DAEP Placement). The results of the drug test will not negate the determination or consequences but will be taken into consideration should you wish to appeal the decision. The campus may provide a list of acceptable drug tests for appeal. In order for the test to be considered it should include synthetic drugs. Not all tests include all drugs such as synthetic/street drugs. Drug tests should be administered within 24 hours. Please speak to the administrator for more information.

The district does not permit a student who is placed in a DAEP to participate in any school-sponsored or school-related extracurricular or cocurricular activity, including seeking or holding honorary positions and/or membership in school-sponsored clubs and organizations. If a student unenrolls from a campus with an incomplete discipline assignment to DAEP/CAP/JJAEP, he or she may not attend and/or participate in any school-sponsored or school-related extracurricular activities.

The district shall provide transportation to students in a DAEP.

When a student is assigned DAEP, they will be required to ride the bus or be transported by car to school and home. Students will not be allowed to walk or ride a bike when assigned DAEP. Students who ride the bus will be transported to and from the address listed in Skyward Family Access. If a student has not previously received bus transportation, a registration form must be filled out on the transportation webpage to ensure proper routing.

For seniors who are eligible to graduate and are assigned to a DAEP at the time of graduation, the last day of placement in the program shall be the last instructional day, and the student shall be allowed to participate in the graduation ceremony and related graduation activities unless otherwise specified in the DAEP placement order.

A student placed in a DAEP shall be provided a review of his or her status, including academic status, by the CBC or the board’s designee at intervals not to exceed 120 days. In the case of a high school student, the student’s progress toward graduation and the student’s graduation plan shall also be reviewed. At the review, the student or the student’s parent shall be given the opportunity to present arguments for the student’s return to the regular classroom or campus. The student may not be returned to the classroom of a teacher who removed the student without that teacher’s consent.

If during the term of placement in a DAEP the student engages in additional misconduct for which placement in a DAEP or expulsion is required or permitted, additional proceedings may be conducted, and the CBC may enter an additional disciplinary order as a result of those proceedings.

When a student is placed in a DAEP for certain offenses, the office of the prosecuting attorney shall notify the district if:
1.
Prosecution of a student’s case was refused for lack of prosecutorial merit or insufficient evidence, and no formal proceedings, deferred adjudication [see Glossary], or deferred prosecution will be initiated; or
2.
The court or jury found a student not guilty or made a finding that the student did not engage in delinquent conduct or conduct indicating a need for supervision, and the case was dismissed with prejudice.
If a student was placed in a DAEP for such conduct, on receiving the notice from the prosecutor, the superintendent or designee shall review the student’s placement and schedule a review with the student’s parent not later than the third day after the superintendent or designee receives notice from the prosecutor. The student may not be returned to the regular classroom pending the review.
After reviewing the notice and receiving information from the student’s parent, the superintendent or designee may continue the student’s placement if there is reason to believe that the presence of the student in the regular classroom threatens the safety of other students or teachers.

The student or the student’s parent may appeal the superintendent’s decision to the board. The student may not be returned to the regular classroom pending the appeal. In the case of an appeal, the board shall, at the next scheduled meeting, review the notice from the prosecutor and receive information from the student, the student’s parent, and the superintendent or designee, and confirm or reverse the decision of the superintendent or designee. The board shall make a record of the proceedings.
If the board confirms the decision of the superintendent or designee, the student and the student’s parent may appeal to the Commissioner of Education. The student may not be returned to the regular classroom pending the appeal.

When a student violates the district’s Code of Conduct in a way that requires or permits the student to be placed in a DAEP and the student withdraws from the district before a placement order is completed, the CBC may complete the proceedings and issue a placement order. If the student then re-enrolls in the district during the same or a subsequent school year, the district may enforce the order at that time, less any period of the placement that has been served by the student during enrollment in another district. If the CBC or the board fails to issue a placement order after the student withdraws, the next district in which the student enrolls may complete the proceedings and issue a placement order.

The district shall continue the DAEP placement of a student who enrolls in the district and was assigned to a DAEP in an open-enrollment charter school or another district including a district in another state.
When a student enrolls in the district with a DAEP placement from a district in another state, the district has the right to place the student in DAEP to the same extent as any other newly enrolled student if the behavior committed is a reason for DAEP placement in the receiving district.
State law requires the district to reduce a placement imposed by a district in another state that exceeds one year so that the total placement does not exceed one year. After a review, however, the placement may be extended beyond a year if the district determines that the student is a threat to the safety of other students or employees, or if the extended placement is in the best interest of the student.

When an emergency placement is necessary because the student’s behavior is so unruly, disruptive, or abusive that it seriously interferes with classroom or school operations, the student shall be given oral notice of the reason for the action. Not later than the tenth day after the date of the placement, the student shall be given the appropriate conference required for assignment to a DAEP.

In accordance with law and district procedures, campus staff shall provide transition services to a student returning to the regular classroom from an alternative education program, including a DAEP. [See policy FOCA(LEGAL) for more information.]

Abuse is improper or excessive use.

Aggravated robbery is defined in part by Penal Code 29.03(a) as when a person commits robbery and:
1.Causes serious bodily injury to another;
2.Uses or exhibits a deadly weapon; or
3.Causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is:
a.65 years of age or older; or
b.A disabled person.

Antisemitism is defined by Government Code section 448.001 as a certain perception of Jews that may be expressed as hatred toward Jews. The term includes rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property or toward Jewish community institutions and religious facilities. Examples of antisemitism are included with the International Holocaust Remembrance Alliance's "Working Definition of Antisemitism" adopted on May 26, 2016.

Armor-piercing ammunition is defined by Penal Code 46.01 as handgun ammunition used in pistols and revolvers and designed primarily for the purpose of penetrating metal or body armor.

Arson is defined in part by Penal Code 28.02 as a crime that involves:
1.Starting a fire or causing an explosion with intent to destroy or damage:
a.Any vegetation, fence, or structure on open-space land; or
b.Any building, habitation, or vehicle:
(1)Knowing that it is within the limits of an incorporated city or town;
(2)Knowing that it is insured against damage or destruction;
(3)Knowing that it is subject to a mortgage or other security interest;
(4)Knowing that it is located on property belonging to another;
(5)Knowing that it has located within it property belonging to another; or
(6)When the person starting the fire is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.
2.Recklessly starting a fire or causing an explosion while manufacturing or attempting to manufacture a controlled substance if the fire or explosion damages any building, habitation, or vehicle; or
3.Intentionally starting a fire or causing an explosion and in so doing:
a.Recklessly damaging or destroying a building belonging to another; or
b.Recklessly causing another person to suffer bodily injury or death.

Assault is defined in part by Penal Code 22.01 as intentionally, knowingly, or recklessly causing bodily injury to another; intentionally or knowingly threatening another with imminent bodily injury; or intentionally or knowingly causing physical contact with another that can reasonably be regarded as offensive or provocative.

Breach of computer security includes knowingly accessing a computer, computer network, or computer system without the effective consent of the owner as defined in Penal Code 33.02, if the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district and the student knowingly alters, damages, or deletes school district property or information or commits a breach of any other computer, computer network, or computer system.

Bullying is defined as a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct that:
1.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 damage to the student’s property;
2.Is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student;
3.Materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or
4.Infringes on the rights of the victim at school.
Bullying includes cyberbullying. (See below.) This state law on bullying prevention applies to:
1.Bullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property;
2.Bullying that occurs on a publicly or privately owned school bus or vehicle being used for transportation of students to or from school or a school-sponsored or school-related activity; and
3.Cyberbullying that occurs off school property or outside of a school-sponsored or school-related activity if the cyberbullying interferes with a student’s educational opportunities or substantially disrupts the orderly operation of a classroom, school, or school-sponsored or school-related activity.

Chemical dispensing device is defined by Penal Code 46.01 as a device designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. A small chemical dispenser sold commercially for personal protection is not in this category.

Club is defined by Penal Code 46.01 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, and includes but is not limited to a blackjack, nightstick, mace, and tomahawk.

Controlled substance means a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4 of the Texas Controlled Substances Act. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Agriculture Code 121.001, or the tetrahydrocannabinols (THC) in hemp.

Criminal street gang is defined by Penal Code 71.01 as three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.

Cyberbullying is defined by Education Code 37.0832 as bullying that is done through the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text messaging, a social media application, an internet website, or any other internet-based communication tool.

Dangerous drug is defined by Health and Safety Code 483.001 as a device or a drug that is unsafe for self-medication and that is not included in Schedules I through V or Penalty Groups 1 through 4 of the Texas Controlled Substances Act. The term includes a device or drug that federal law prohibits dispensing without prescription or restricts to use by or on the order of a licensed veterinarian.

Dating violence occurs when a person in a current or past dating relationship uses physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control another person in the relationship. Dating violence also occurs when a person commits these acts against a person in a marriage or dating relationship with the individual who is or was once in a marriage or dating relationship with the person committing the offense, as defined by Section 71.0021 of the Family Code.

Deadly conduct under Penal Code 22.05 occurs when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury, such as knowingly discharging a firearm in the direction of an individual, habitation, building, or vehicle.

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

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

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

Discretionary means that something is left to or regulated by a local decision maker.

E-cigarette means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device or a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this provision. The term includes any device that is manufactured, distributed, or sold as an e-cigarette, e-cigar, or e-pipe or under another product name or description and a component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.

Explosive weapon is defined by Penal Code 46.01 as any explosive or incendiary bomb, grenade, rocket, or mine and its delivery mechanism 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.

False alarm or report under Penal Code 42.06 occurs when a person knowingly initiates, communicates, or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he or she knows is false or baseless and that would ordinarily:
1.Cause action by an official or volunteer agency organized to deal with emergencies;
2.Place a person in fear of imminent serious bodily injury; or
3.Prevent or interrupt the occupation of a building, room, or place of assembly.

Firearm is defined by federal law (18 U.S.C. 921(a)) as:
1.Any weapon (including a starter gun) that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive;
2.The frame or receiver of any such weapon;
3.Any firearm muffler or firearm silencer, defined as any device for silencing, muffling, or diminishing the report of a portable firearm; or
4.Any destructive device, such as any explosive, incendiary or poison gas bomb, or grenade.
Such term does not include an antique firearm.

Graffiti includes markings with paint, an indelible pen or marker, or an etching or engraving device on tangible property without the effective consent of the owner. The markings may include inscriptions, slogans, drawings, or paintings.

Handgun is defined by Penal Code 46.01 as any firearm that is designed, made, or adapted to be fired with one hand.

Harassment includes:
1.Conduct that meets the definition established in district policies DIA(LOCAL) and FFH(LOCAL);
2.Conduct that threatens to cause harm or bodily injury to another person, including a district student, employee, board member, or volunteer; is sexually intimidating; causes physical damage to the property of another student; subjects another student to physical confinement or restraint; or maliciously and substantially harms another student’s physical or emotional health or safety, as defined in Education Code 37.001(b)(2); or
3.Conduct that is punishable as a crime under Penal Code 42.07, including the following types of conduct if carried out with the intent to harass, annoy, alarm, abuse, torment, or embarrass another:
a.Initiating communication and, in the course of the communication, making a comment, request, suggestion, or proposal that is obscene, as defined by law;
b.Threatening, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person’s family or household, or the person’s property;
c.Conveying, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;
d.Causing the telephone of another to ring repeatedly or making repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;
e.Making a telephone call and intentionally failing to hang up or disengage the connection;
f.Knowingly permitting a telephone under the person’s control to be used by another to commit an offense under this section;
g.Sending repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;
h.Publishing on an internet website, including a social media platform, repeated electronic communications in a manner reasonably likely to cause emotional distress, abuse, or torment to another person, unless the communications are made in connection with a matter of public concern, as defined by law; or
i.Making obscene, intimidating, or threatening telephone calls or other electronic communications from a temporary or disposable telephone number provided by an internet application or other technological means.

Hazing is defined by Education Code 37.151 as an intentional, knowing, or reckless act, on or off campus, by one person alone or acting with others, directed against a student for the purpose of pledging, initiation into, affiliation with, holding office in, or maintaining membership in a student organization if the act meets the elements in Education Code 37.151, including:
1.Any type of physical brutality;
2.An activity that subjects the student to an unreasonable risk of harm or that adversely affects the student’s mental or physical health, such as sleep deprivation, exposure to the elements, confinement to small spaces, calisthenics, or consumption of food, liquids, drugs, or other substances;
3.An activity that induces, causes, or requires the student to perform a duty or task that violates the Penal Code; or
4.Coercing a student to consume a drug or alcoholic beverage in an amount that would lead a reasonable person to believe the student is intoxicated.

Hit list is defined in Education Code 37.001(b)(3) as a list of people targeted to be harmed, using a firearm, a knife, or any other object to be used with intent to cause bodily harm.

Improvised explosive device is defined by Penal Code 46.01 as a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components.

Indecent exposure is defined by Penal Code 21.08 as an offense that occurs when a person exposes the person’s anus or any part of the person’s genitals with intent to arouse or gratify the sexual desire of any person, and is reckless about whether another is present who will be offended or alarmed by the act.

Intimate visual material is defined by Civil Practices and Remedies Code 98B.001 and Penal Code 21.16 as visual material that depicts a person with the person’s intimate parts exposed or engaged in sexual conduct. “Visual material” means any film, photograph, video tape, negative, or slide of any photographic reproduction or any other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen.

Location-restricted knife is defined by Penal Code 46.01 as a knife with a blade over five and one-half inches.

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

Look-alike weapon means an item that resembles a weapon but is not intended to be used to cause serious bodily injury.

Machine gun as defined by Penal Code 46.01 is any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

Mandatory means that something is obligatory or required because of an authority.

Paraphernalia are devices that can be used for inhaling, ingesting, injecting, or otherwise introducing a controlled substance into a human body.

Personal Communication Device means a telephone, cell phone such as a smartphone or flip phone, tablet, smartwatch, radio device, paging device, or any other electronic device capable of telecommunication or digital communication.

Possession means to have an item on one’s person or in one’s personal property, including, but not limited to:
1.Clothing, purse, or backpack;
2.A private vehicle used for transportation to or from school or school-related activities, including, but not limited to, an automobile, truck, motorcycle, or bicycle;
3.Personal communication devices or electronic devices; or
4.Any school property used by the student, including, but not limited to, a locker or desk.

Prohibited weapon under Penal Code 46.05(a) means:
1.The following items, unless registered with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the U.S. Department of Justice:
a.An explosive weapon; or
b.A machine gun.
2.Armor-piercing ammunition;
3.A chemical dispensing device;
4.A zip gun;
5.A tire deflation device; or
6.An improvised explosive device.

Public Lewdness is defined by Penal Code 21.07 as an offense that occurs when a person knowingly engages in an act of sexual intercourse, deviate sexual intercourse, or sexual contact in a public place or, if not in a public place, when the person is reckless about whether another is present who will be offended or alarmed by the act.

Public school fraternity, sorority, secret society, or gang means an organization composed wholly or in part of students that seeks to perpetuate itself by taking additional members from the students enrolled in school based on a decision of its membership rather than on the free choice of a qualified student. Educational

Reasonable belief is that which an ordinary person of average intelligence and sound mind would believe. Chapter 37 requires certain disciplinary decisions when the superintendent or designee has a reasonable belief that a student engaged in conduct punishable as a felony offense. In forming such a reasonable belief, the superintendent or designee may use all available information and must consider the information furnished in the notice of a student’s arrest under Code of Criminal Procedure Article 15.27.

Self-defense is the use of force against another to the degree a person reasonably believes is immediately necessary to protect himself or herself.

Serious misbehavior means:
1.Deliberate violent behavior that poses a direct threat to the health or safety of others;
2.Extortion, meaning the gaining of money or other property by force or threat;
3.Conduct that constitutes coercion, as defined by Penal Code Section 1.07; or
4.Conduct that constitutes the offense of:
a.Public lewdness under Penal Code 21.07;
b.Indecent exposure under Penal Code 21.08;
c.Criminal mischief under Penal Code 28.03;
d.Hazing under Education Code 37.152; or
e.Harassment under Penal Code 42.07(a)(1) of a student or district employee.

Serious or persistent misbehavior includes, but is not limited to:

• Behavior that is grounds for permissible expulsion or mandatory DAEP placement.
• Behavior identified by the district as grounds for discretionary DAEP placement.
• Actions or demonstrations that substantially disrupt or materially interfere with school activities.
• Refusal to attempt or complete schoolwork as assigned.
• Insubordination.
• Profanity, vulgar language, or obscene gestures.
• Leaving school grounds without permission.
• Falsification of records, passes, or other school-related documents.
• Refusal to accept discipline assigned by the teacher or principal.

Short-barrel firearm is defined by Penal Code 46.01 as a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a rifle or shotgun that, as altered, has an overall length of less than 26 inches.

Terroristic threat is defined by Penal Code 22.07 as a threat of violence to any person or property with intent to:
1.Cause a reaction of any type by an official or volunteer agency organized to deal with emergencies;
2.Place any person in fear of imminent serious bodily injury;
3.Prevent or interrupt the occupation or use of a building; room, place of assembly, or place to which the public has access; place of employment or occupation; aircraft, automobile, or other form of conveyance; or other public place;
4.Cause impairment or interruption of public communications; public transportation; public water, gas, or power supply; or other public service;
5.Place the public or a substantial group of the public in fear of serious bodily injury; or
6.Influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state (including the district).

Tire deflation device is defined in part by Penal Code 46.01 as a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle’s tires.

Title 5 felonies are those crimes listed in Title 5 of the Penal Code that typically involve injury to a person and may include:

• Murder, manslaughter, or homicide under Sections 19.02–.05;
• Kidnapping under Section 20.03;
• Trafficking of persons under Section 20A.02;
• Smuggling or continuous smuggling of persons under Sections 20.05–.06;
• Assault under Section 22.01;
• Aggravated assault under Section 22.02;
• Sexual assault under Section 22.011;
• Aggravated sexual assault under Section 22.021;
• Unlawful restraint under Section 20.02;
• Continuous sexual abuse of a young child or disabled individual under Section 21.02;
• Bestiality under Section 21.09;
• Improper relationship between educator and student under Section 21.12;
• Voyeurism under Section 21.17;
• Indecency with a child under Section 21.11;
• Invasive visual recording under Section 21.15;
• Disclosure or promotion of intimate visual material under Section 21.16;
• Sexual coercion under Section 21.18;
• Injury to a child, an elderly person, or a disabled person of any age under Section 22.04;
• Abandoning or endangering a child under Section 22.041
• Deadly conduct under Section 22.05;
• Terroristic threat under Section 22.07;
• Aiding a person to die by suicide under Section 22.08; and
• Tampering with a consumer product under Section 22.09.

Under the influence means lacking the normal use of mental or physical faculties. Impairment of a person’s physical or mental faculties may be evidenced by a pattern of abnormal or erratic behavior, the presence of physical symptoms of drug or alcohol use, or by admission. A student “under the in-fluence” need not be legally intoxicated to trigger disciplinary action.

Use means voluntarily introducing into one’s body, by any means, a prohibited substance.

Zip gun is defined by Penal Code 46.01 as 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.