Texas School Safety Center www.txssc.txstate.edu

Texas Education Code

Terminal Objective

Upon completion of this module, the participant will be knowledgeable about the sections of the Texas Education Code that would be most applicable in a school environment.

Learning Objectives• Explain the purpose of a Student Code of Conduct• Identify violations for which a student shall be:

• removed from a classroom• expelled from school• reported to law enforcement if occurring at school

• Explain the authority and jurisdiction of a school district police officer.

• Explain the difference between “Disruptive Activities” and “Disruption of Classes.”

• Define and explain the purpose of a MOU.• Identify the Penal Provisions identified in the Education Code.• Identify reports required to be made to local Law Enforcement• Explain the requirements of Abuse or Neglect

Student Code of Conduct

Ch. 37.001(a) - Each School District shall adopt a student code of conduct

Each student should have a copy of the policy and return a signed acknowledgement by parent and student of the code of conduct

Mandatory District Policies

Each school district shall

adopt and implement:A dating violence policy – TEC 37.0831A bullying policy – TEC 37.0832 Bullying – is any effort to harass or

intimidate another student.

Removal by a Teacher

Ch. 37.002 TEC

A teacher may send a student to the principal’s office to maintain effective discipline in the classroom. The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct.

When can a teacher remove a student from class?

Removal of a student from class comes down to two things: The teacher’s ability to communicate effectively with students in the class; orThe ability of the students in the class to learn.

(NO student has the right to deny another student his/her right to an education)

What happens when the student is removed from class? (TEC – 37.002)

If a teacher removes a student, the principal may place the student : in another appropriate

classroom; into in-school suspension

(ISS) into a disciplinary

alternative education program (DAEP)

What is a DAEP?

In 1995, the Texas Legislature recognized that school officials must be allowed to remove disruptive and dangerous students from the regular classroom environment. It also acknowledged the importance of providing and implementing an alternative learning environment so students who have been removed from class will be provided educational services as well as other special services that address their behavioral needs.

Disciplinary Alternative Education Programs

Each school district shall provide a disciplinary alternative education program that:Is provided in a setting other than a student’s regular classroom;Is located on or off of a regular school campus; Separates students assigned to the program from students who are not A disciplinary alternative education program may provide for a student’s transfer to a different campus, a school-community guidance center, or a community-based alternative school.

Due Process Requirements for Removal to a DAEPBe aware:

There are due process requirements for removal to a DAEP.

Parental Notification

The Student Code of Conduct must address notification of a student’s parent or guardian of a violation committed by the student that results in suspension, removal to a DAEP, or expulsion.

NOTICE

Placement Review Committee

The principal may not return the student to the teacher’s class without the teacher’s consent, unless the placement review committee finds that such placement is the best or only alternative available.

Admission, Review & Dismissal (ARD) Committee

This is the committee required by State Board of Education rules to develop the individualized education program required by the Individuals with Disabilities Education Act for any student needing special education.Only a duly constituted ARD Committee can make placement decisions regarding a student with a disability who receives special education services.

Removal for Certain Conduct

A student shall be removed from class and placed in a disciplinary alternative program if the student:Engages in conduct involving a public school that contains the elements of the offense of:false alarm or report- PC 42.06, or terroristic threat- PC 22.07.Commits the following on or within 300 feet of school property, or while attending a school-sponsored or school-related activity on or off school property:

Engages in conduct punishable as a felony; Engages in conduct that contains elements of the

offense of assault;

Removal for Certain Conduct Sells, gives, or delivers to another person or

possesses or uses or is under the influence of: Marijuana or a controlled substance (HSC- 481.+) A dangerous drug (HSC - 483.+)

Sells, gives, or delivers to another person an alcoholic beverage, commits a serious act or offense while under the influence of an alcoholic beverage (TABC- 1.06+)

Engages in conduct that contains the elements of an offense relating to an abusable volatile chemical; or (HSC- 485.+)

Engages in conduct that contains the elements of the offense of public lewdness (PC- 21.07)

Removal for Certain Conduct

Other miscellaneous grounds for removal: Retaliation Deferred prosecution for felonies Delinquent conduct Superintendent has reasonable belief that student

has engaged in a felony offense The continued presence of the student in the

regular classroom threatens the safety of other students or teachers and would be detrimental to the educational process

Removal and Placement ofRegistered Sex Offenders

TEC 37.304 & 37.305

On receiving notice that a student is required to register as a sex offender, a school district shall remove the student from the regular classroom and determine the appropriate placement of the student.

Use of Confinement, Restraint, Seclusion and Time-out

A student with a disability who receives special education services may not be confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or behavior management technique.

Suspension The principal or other appropriate administrator may

suspend a student who engages in conduct identified in the student code of conduct as conduct for which a student may be suspended.

A suspension may not exceed three school days.

Be aware:

Suspension, even for a short time, carries requirements of procedural due process. We’ll discuss this later during the Constitutional Law section of the presentation.

Expulsion

Under the Texas Education Code, there are activities that may result in expulsion, and activities that must result in expulsion.

What are some of these activities?

Expulsion and Placement of Students in Alternative Settings

A school district may expel a student and elect to place the student in an alternative setting if the student:Has received deferred prosecution for one of several felony offenses under Title 5, Penal CodeHas been referred to a juvenile court for allegedly engaging in delinquent conduct defined as a felony offense under Title 5, Penal Code- Offenses Against Persons Chapter 19 thru Chapter 22Has been arrested for or charged with a felony offense under Title 5, Penal Code

Expulsion and Placement of Students in Alternative Settings

A student may also be expelled and placed in an alternative setting if it is determined that the student’s presence in the regular classroom Threatens the safety of other students or

teachers; Will be detrimental to the education process;

or Is not in the best interests of the district’s

students

Emergency Placement or Expulsion

A principal may order the immediate placement of a student in a disciplinary alternative education program if the principal reasonably believes the student’s behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher’s ability to communicate effectively with the students in a class, with the ability of the student’s classmates to learn, or with the operation of school or a school-sponsored activity.

Conference, Hearing, ReviewNo later than the third day after the day on which a student is removed from class, the principal shall schedule a conference among the principal and other appropriate administrator, a parent or guardian of the student, the teacher removing the student from class (if any), and the student.If school district policy allows a student to appeal to the board of trustees or the board's designee a decision of the principal or other appropriate administrator, other than an expulsion under Section 37.007, the decision of the board or the board's designee is final and may not be appealed.

Court Involvement

Not later than the second business day after the date a hearing is held, the board of trustees shall deliver a copy of the order placing a student in a disciplinary alternative education program or expelling a student and any information required under Section 52.04, Family Code, to the authorized officer of the juvenile court in the county in which the student resides.

Juvenile Justice Alternative Education Program

Shall be developed by counties with populations greater than 125,000

May be developed by counties with populations less than 125,000

Requires a memorandum of understanding between the juvenile board of the county and the school district - see Section 37.001(k) (TEC)

School-Community Guidance Centers

Each school district may establish a school-community guidance center designed to locate and assist children with problems that interfere with education, including juvenile offenders and children with severe behavioral problems or character disorders.

Reports to Local Law EnforcementGenerally, a principal should report all serious criminal activity to law enforcement officials.

There are certain activities that a principal must report to the school district’s police department (if applicable), and the local law enforcement agency if the principal has reasonable grounds to believe the activity took place in school, on school property, or at a school-sponsored or school-related activity on or off school property.

Mandate to Report Child Abuse(FC 261.101)

Any person who has reason to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person must immediately make a report to:

Any law enforcement agency The Department of Family and Protective

Services 1-800-252-5400 The state agency that operates, licenses, or

registers a facility in which the alleged abuse or neglect occurred

The agency designated by the court to be responsible for the protection of children

Failure to report is a Class A misdemeanor (FC 261.109)

School District Police Officers and Security Personnel

The board of trustees of any school district may employ security personnel and may commission peace officers to carry out Texas Education Code Subchapter C.The criminal laws of the state apply in areas under the control and jurisdiction of the board of trustees of any school district in this state.

School District Police Officers and Security Personnel

There are two types of campus security personnel:Security personnel who are commissioned peace officers and are therefore authorized to carry a weaponSecurity personnel who are not authorized to carry a weapon

School District Peace Officers

Any peace officer who is commissioned by a school district must: Take and file the oath required of

peace officers; Execute and file a bond in the amount

of $1000, payable to the board of trustees;

Meet all the minimum standards for peace officers established by the TCLEOSE

Powers and Duties

The powers and duties of commissioned peace officers differs from those who are not.

What is the difference?

A Commissioned Peace Officer CAN take a child into custody.

Security Personnel CAN NOT.

Powers and Duties

A school district peace officer shall perform administrative and law enforcement duties for the school district as determined by the board of trustees of the school district. These duties must include:

The safety and welfare of any person in the jurisdiction of the peace officer;

The property of the school district

Interference with Duties

It is a crime for any person, including a school administrator, teacher, parent or student, to impede or interfere with school district peace officers while they are performing their duties or lawfully exercising their authority. (PC 38.15)

On/Off Duty

The board of trustees of the school district shall determine the scope of the on-duty and off-duty law enforcement activities of school district peace officers, and must authorize in writing any off-duty law enforcement activities performed.

On/Off Duty ?

Jurisdiction

Jurisdiction: determined by the board and may include all territory in the boundaries of the school district and all property that is owned, leased or rented by the district.

Public Property

JurisdictionA school district peace officer may provide assistance to another law enforcement agency. A school district may contract with a political subdivision for the jurisdiction of a school district police officer to include all territory in the jurisdiction of the political subdivision.

Need Help?

Liability

The Education Code provides civil liability for school district professional employees for any act if:

The act is incident to or within the scope of the duties of the employee’s position of employment;The act involves the exercise of judgment or discretion on the part of the employee;The act does not involve circumstances in which the employee used excessive force in disciplining a student or negligence resulting in bodily injury to a student; andThe act does not involve the operation, use, or maintenance of any motor vehicle(This may include some district peace officers)

Memorandum of Understanding

A school district police department and the law enforcement agencies with which it has overlapping jurisdiction shall enter into a memorandum of understanding that outlines reasonable communication and coordination of efforts between the department and the agencies.

Unauthorized PersonsThe board of trustees of a school district or its authorized representative may refuse a person without legitimate business to enter a property under the board’s control and may eject any undesirable person from the property on the person’s refusal to leave peaceably on request. Identification may be required of any person on the property.

Trespass on School GroundsAn unauthorized person who trespasses on the grounds of any school district of this state commits an offense.

Class C Misdemeanor (same as Criminal Trespass – Texas Penal Code Sec. 30.05)

Multihazard Emergency Operations Plan

Each school district or public junior college district shall adopt and implement a multihazard emergency operations plan for use in the district’s facilities. (TEC 37.108)

A School District Peace Officer may be a part of the planning team for the district.

Safety and Security Audit

At least once every three years, each school district or public junior college district shall conduct a safety and security audit of the district's facilities.  To the extent possible, a district shall follow safety and security audit procedures developed by the Texas School Safety Center or a comparable public or private entity.

School Safety and Security Committee

In accordance with guidelines established by the Texas School Safety Center, each school district shall establish a school safety and security committee.

( A school district Peace Officer may be asked to serve on this committee)

Penal Provisions

Fraternities, Sororities, Secret Societies, and Gangs – TEC 37.121

Possession of Intoxicants on Public School Grounds – TEC 37.122

Drug-Free Zones (increased category of punishable 1 level)

Alcohol-Free Zones (cannot poses open container or consume within 1000 feet of school)

Disruptive Activities

A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property of any private or public school.

What is disruptive activity?- PC 42.03(class B)

(and any other activity adopted as disrupted by a local school board-and must define sanction.

Also, cannot infringe on any right of free speech granted by U.S. Constitution.

Disruption of ClassesA person commits an offense if the person, on school property or on public property within 500 feet of school property, alone or in concert with others, intentionally disrupts the conduct of classes or other school activities.

What constitutes “disruption of class”? TEC – 37.124

Hazing TEC – 37.151

Hazing is a hot topic lately, especially on college campuses.

So… what does “hazing” really mean?

Definition of hazing:

Any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization.

Personal Hazing OffenseTEC 37.151 to 37.157

A person commits an offense if the person: Engages in hazing Solicits, encourages, directs, aids, or attempts to aid

another in engaging in hazing; Recklessly permits hazing to occur; or Has firsthand knowledge of the planning of a specific

hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and fails to report that knowledge in writing to the dean of students or other appropriate official.

Organization Hazing Offense

An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni or the organization commits or assists in the commission of hazing.

One more thing about hazing…

CONSENT NOT A DEFENSE!

It is not a defense to prosecution of an offense under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.

References

Texas Education Code Texas Family Code Texas Penal Code Texas Alcoholic Beverage Code Texas Health and Safety Code School Crime and Discipline Handbook

2010, Office of the Attorney General of Texas

Presentation created by: Janice Hardaway© 2012 Institute for Criminal Justice Studies - Texas School Safety Center