AlvinIndependentSchool District

STUDENT CODE OF CONDUCT

AND DISCIPLINE MANAGEMENT PLAN 2013 - 2014

I.PURPOSE

The Student Code of Conduct is Alvin ISD’s response to the requirements of Chapter 37 of the Texas Education Code.

The Code provides methods and options for managing students in the classroom and on school grounds, disciplining students, and preventing and intervening in student discipline problems.

The law requires Alvin ISD to define misconduct that may – or must – result in a range of specific disciplinary consequences including removal from a regular classroom or campus, suspension, placement in a disciplinary alternative education program (DAEP), or expulsion from school.

This Student Code of Conduct has been adopted by the AISD Board of Trustees and developed with the advice of the Alvin ISD-level committee. This Code provides information to parents and students regarding standards of conduct, consequences of misconduct, and procedures for administering discipline.

In accordance with state law, the Code will be posted at each school campus or will be available for review at the office of the campus principal. Additionally, the Code will be posted on the District’s website. Parents will be notified of any conduct violation that may result in a student being suspended, placed in a DAEP, or expelled.

Because the Student Code of Conduct is adopted by Alvin ISD’s Board of Trustees it has the force of policy; therefore, in case of conflict between the Code and the student handbook, the Code will prevail.

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

II.GENERAL EXPECTATIONS OF STUDENTS

Each student is expected to behave in a responsible manner by:

1.Consciously participating in class and being supportive of an effective learning and teaching environment;

2.Demonstrating courtesy and respect for others;

3.Attending all classes regularly and on time;

4.Preparing for each class; taking appropriate materials and assignments to class;

5.Being well-groomed and dressing appropriately as defined by District and/or campus dress code;

6.Obeying all campus and classroom rules;

7.Respecting the rights and privileges of other students, District staff, and other adults on campus or at school-related activities, on or off campus;

8.Respecting the property of others, including District property and facilities;

9.Cooperating with or assisting the school staff in maintaining safety, order, and discipline;

10. Refrain from selling or distributing unauthorized materials or items;

11.Paying required fees and fines unless waived; and

12.Adhering to the Student Code of Conduct.

III.GENERAL PRINCIPLES AND GUIDELINES

A. Supplemental Rules

Alvin ISD may impose campus or classroom rules in addition to those found in the Student Code of Conduct. These rules may be listed in the student handbook or posted in classrooms.

B. Disrespect and Interference

A student whose behavior shows disrespect for others, including interference with their access to a public education and a safe environment, will be subject to disciplinary action.

C. School District Authority and Jurisdiction

School rules and the authority of Alvin ISD to administer discipline apply whenever the interest of Alvin ISD is involved, on or off school grounds, in conjunction with or independent of classes and school-sponsored activities.

Alvin ISD has disciplinary authority over a student:

1.During the regular school day and while the student is going to and from school on District transportation;

2.During lunch periods in which a student is allowed to leave campus;

3.While the student is in attendance at any school-related activity, regardless of time or location;

4.For any school-related misconduct, regardless of time or location;

5.When retaliation against a school employee or volunteer occurs or is threatened, regardless of time or location;

6.When criminal mischief is committed on or off school property or at a school-related event;

7.For certain offenses committed within 300 feet of school property as measured from any point on the school’s real property boundary line;

8.For certain offenses committed while on school property or while attending a school sponsored or school related activity of another district in Texas; and

9.When the student commits a felony, as provided by Texas Education Code 37.006 or 37.0081; and

10.When the student is required to register as a sex offender.

Questioning Students

Administrators, teachers, and other professional personnel may question a student regarding the student’s own conduct or the conduct of other students. In the context of school discipline, students have no claim to the right not to incriminate themselves.

Searches

Desks, lockers, and similar items are the property of Alvin ISD and are provided for student use as a matter of convenience. Lockers and desks are subject to blanket searches or inspections by campus administrators. Searches or inspections may be conducted at any time and without notice. Students shall be fully responsible for the security and contents of personal belongings, backpacks, desks, lockers, or vehicles. Studentsshall make certain that lockers arelocked and that the keys or combinations are not given to others. Students shall not place or keep in a backpack, desk, or locker any article or material prohibited by law, District policy, or the Student Code of Conduct. Students shall be held responsible for any prohibited items found in their desks, lockers, backpacks, any personal belongings, or vehicles.

Student property may be searched without reasonable suspicion if the student voluntarily consents to the search.

If there is reasonable cause to believe that a vehicle on school property contains contraband, it may be searched by school officials or by personnel whose services have been engaged by Alvin ISD to conduct such searches. Students shall be held responsible for any prohibited items found in their vehicles on school property.

If a vehicle subject to search is locked, the student shall be asked to unlock the vehicle. If the student refuses, Alvin ISD shall contact the student’s parents. If the parents also refuse to permit a search of the vehicle, Alvin ISD may turn the matter over to local law enforcement officials.

Video/Audio Monitoring

In accordance with AISD District Policy FO (LOCAL) video/audio equipment may be used for safety purposes to monitor student behavior on buses and in common areas on District campuses.

Reporting Crime

School administrators shall report crimes as required by law and shall contact local law enforcement when an administrator suspects that a crime has been committed on campus.

D. Enforcement of Student Code of Conduct

In general, discipline will be designed to correct misconduct and to encourage all students to adhere to their responsibilities as citizens of the school community and, when necessary, to protect students, school employees or property, and to maintain essential order and discipline.

Disciplinary action will draw on the professional judgment of teachers and administrators and on a range of discipline management techniques. Disciplinary action shall be based on the following factors:

1.Whether the student acted in self-defense;

2.Intent or lack of intent at the time the student engaged in the conduct;

3.The student’s disciplinary history; and/or

4.A disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.

Teachers or appropriate administrators may also take into account the following:

1.The seriousness of the offense;

2.The student’s age and grade level;

3.The frequency of misconduct;

4.The effect of the misconduct on the school environment;

Because of these factors, discipline for a particular offense (unless otherwise specified by law) may bring into consideration varying techniques and consequences.

A student who violates campus or classroom rules that are not Student Code of Conduct violations may be disciplined by one or more of the discipline management techniques listed as consequences for General Misconduct Violations. For these violations, a teacher is not required to make a Student Code of Conduct violation report.

IV.GENERAL MISCONDUCT VIOLATIONS

The conduct listed below is prohibited at school, in vehicles owned or operated by Alvin ISD, and at all school-related activities, but the list does not include the most serious offenses. In the subsequent sections on Alternative Education Center (ISS), Suspension from School, DAEP Placement, Placement and/or Expulsion for Serious Offenses, and Expulsion, severe offenses that require or permit specific consequences are listed. Any offense, however, may be serious enough to result in removal from the regular educational setting.

A. Behaviors

Students are prohibited from:

1.Leaving school grounds or schoolsponsored events without permission of the appropriate school official;

2.Disobeying school rules related to conduct on district vehicles;

3.Failing to comply with lawful directives given by school personnel;

4.Public display of affection;

5.Possessing or using matches or a lighter except as part of an instructional program;

6.Possessing, smoking, or using tobacco products;

7.Behaving in any way that disrupts the school environment or educational process;

8.Violating safety rules;

9.Violating dress and grooming standards;

10.Violating other communicated campus or classroom standards of behavior;

11.Being in facilities designated for the opposite sex, or in facilities designated as Faculty Only, Janitorial Only, or Custodial Only, or other restricted areas;

12.Displaying, turning on, or using a telecommunications device, including a cellular phone, or other electronic device on school property during the school day.

13.Loitering in the parking lot or school grounds;

14.Engaging in bullying, harassment, or making hit lists;

15.Cheating or copying the work of another;

16.Violating policies, rules, or agreements regarding the use of technology resources;

17.Having or taking prescription or over-the-counter drugs at school other than as permitted by District policy;

18.Discharging a fire extinguisher or other safety device without valid cause;

19.Using profanity, vulgar language or making obscene gestures;

20.Truancy;

21.Falsifying records, passes, or school-related documents;

22.Making false accusations or perpetrating hoaxes;

23.Throwing objects that can cause bodily injury or property damage;

24.Violating campus or classroom standards of conduct;

25.Possessing fireworks;

26.Damaging or defacing school property or property of other students or of employees;

27.Possessing a laser pointer;

28.Theft ($10.00 or less); and/or

29.Disrespect to staff.

B. Consequences

Students with Disabilities

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 law shall prevail.

In accordance with the Education Code, a student who is enrolled in a special education program may not be disciplined for conduct meeting the definition of bullying, harassment, or making hit lists until an ARD committee has been held to review the conduct.

In deciding whether to order suspension, DAEP placement, or expulsion, regardless of whether the action is mandatory or discretionary, the district shall take into consideration a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.

Discipline Management Techniques

The following discipline management techniques may be used alone or in combination for Student Code of Conduct General Misconduct Violations and misconduct that is not identified in the Student Code of Conduct:

1.Verbal correction;

2.Coolingoff time or timeout. Time-out is defined as the removal of a student from the instructional program to a special place either inside or outside the classroom. General guidelines for use of time-out are:

a.Time-out uses a reasonable amount of time for each episode. A minute or less per incident for each year of the student’s age is a good guideline for most elementary students. A minimum of 20-30 minutes per incident is appropriate for secondary students;

b.Assignment to time-out shall be combined with a precise request for changed behavior;

c.Progress toward positively changed behavior shall be rewarded;

d.When the student has completed the period of time-out, the teacher shall restate the original request (e.g., “Now I want you to...”);

3.Phone calls to parents;

4.Seating changes in the classroom;

5.Counseling by teachers, counselors, or administrative personnel;

6.Conference with parents and teacher;

7.Conference with parents and campus administrators;

8.Temporary confiscation of items that disrupt the educational process;

9.Grade reductions as permitted by policy;

10.Community service with parental approval;

11.Rewards or demerits;

12.Behavioral contracts;

13.Office or other assigned area referral;

14.Detention other than ECO (after notice to the parent). Transportation is the parent’s/guardian’s responsibility;

15.Assigned school duties other than class tasks;

16.Withdrawal of privileges, such as participation in extracurricular activities and eligibility for seeking and holding honorary offices;

17.Withdrawing or restricting district transportation privileges;

18.Techniques or penalties identified in individual student organizations’ codes of conduct;

19.Corporal punishment may be used as a discipline management technique in accordance with the Student Code of Conduct unless the student’s parent or guardian has provided a signed statement prohibiting its use. Corporal punishment shall be limited to spanking or paddling the student, and shall be administered only in accordance with the following guidelines:

a.The student shall be told the reason corporal punishment is being administered.

b.Corporal punishment shall be administered only by the principal, assistant principal, or a teacher.

c.The instrument to be used in administering corporal punishment shall be approved by the principal or a designee.

d.Corporal punishment shall be administered in the presence of one other District professional employee and in a designated place out of view of other students. Alvin ISD shall honor a parent request that corporal punishment not be administered to his or her child; however, Alvin ISD shall impose other disciplinary measures consistent with the offense.

20.Referral to outside agency and/or legal authority for criminal prosecution in addition to disciplinary measures imposed by Alvin ISD;

21.Extended Classroom Opportunities (ECO), ISS, ADAPT (DAEP), or BCJJAEP (Expulsion);

22Saturday school; and/or

23.Other strategies and consequences as determined by school officials and/or as specified by the Student Code of Conduct.

C. Penalties for Dress Code Violations

Alvin ISD establishes the dress code to teach good grooming and hygiene, instill discipline and modesty, demonstrate respect for authority, prevent disruption, avoid safety hazards, and provide a successful learning environment. Appropriate dress and grooming standards promote responsibility and self-esteem, thus fostering a sense of community for all students in their present and future interactions.

A dress and grooming code violation is a Student Code of Conduct violation. The following actions will be taken if a violation occurs:

1.If the violation is corrected the student will be warned and a dress code referral may be issued. Repeated warnings will result in disciplinary action. If the violation cannot be corrected the student will be sent to the office.

2.If a dress or grooming standard offense can be corrected in the school or office, the correction will be made, a dress code referral will be issued and the student allowed to return to class. If the violation cannot be corrected the student will receive a disciplinary consequence and allowed to return to class unless the infraction is deemed blatant, extreme, offensive or repetitive. Repeated warnings will result in disciplinary action.

3.Blatant, extreme, repetitive offenses or a similar nature will be treated as insubordination and will receive progressive consequences.

D. Procedure

The principal or appropriate administrator shall notify a student’s parent by phone or in writing of any violation that may result in an out-of-school suspension, placement in a DAEP, or expulsion. Notification will be made within three school days after the administrator becomes aware of the violation.

Parental questions or complaints regarding disciplinary measures taken should be addressed to the teacher or campus administration, as appropriate.

V.TEACHER REMOVAL

A. Discretionary Removal by a Teacher

Violation of classroom rules or generalmisconduct violations as outlined in the Student Code of Conduct will not necessarily result in the formal removal of the student from class or another placement, but may result in a routine referral to the principal or the principal’s designee, or the use of any other discipline management technique.

A teacher or administrator may also remove a student from class for an offense for which a student may be suspended and/or placed in a disciplinary Alternative Education Program, and a conference will be held, as described below under “Formal Removal by a Teacher.”

If the student is referred to the principal or the principal’s designee for disciplinary action, the principal or the principal’s designee will determine the appropriate disciplinary action. The principal or the principal’s designee shall be sent a copy of the disciplinary referral by the teacher together with the disciplinary action taken, as soon as feasible after the student is sent to the principal or principal designee’s office. A copy of the completed disciplinary referral form will be returned to the teacher, a copy sent home with the student, and a copy placed in the student’s disciplinary file.

B. Formal Removal by a Teacher

Formal removal may also occur if the student’s behavior has been documented by the teacher as repeatedly interfering with the teacher’s ability to teach his or her class or with the student’s classmates’ ability to learn; or the behavior is so unruly, disruptive, or abusive that the teacher cannot teach, and the students in the classroom cannot learn.

A teacher or administrator must remove a student from class if the student engages in behavior that under the Education Code requires or permits the student to be placed in a disciplinary AEP or expelled. When removing for those reasons, the procedures in the subsequent sections on DAEP or expulsion will be followed. Otherwise, the procedures in Section C. Procedure for formal removal, below, shall apply.

C. Procedure for formal removal

1.If the violation results in formal removal, the principal or principal’s designee will schedule a conference within three (3) school days with the student; the student’s parent;and the teacher, in the case of removal by a teacher.

2.At the conference, the student is entitled to written or oral notice 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. The student may not be returned to his/her regular classroom before the conference.