STUDENT DISCIPLINE - PowerPoint Presentation

Slide1

STUDENT DISCIPLINE OVERVIEW

Date

: 2015

Presenters:

Luis Gavito, AdministratorSlide2

AGENDA

TEC Chapter

37

Code of Student Conduct

School EnvironmentDAEP/JJAEP ProceduresSpecial Education & Student DisciplineContact InformationResourcesPEIMS Code 21DAEP On-line Application

2Slide3

Courts & Education

1975 - Goss

v. Lopez—students acquire the right to due process, 14th Amendment rights in

school

.In 1995: Texas adopts TEC Chapter 37 in attempt to make student discipline more consistent across the state.

3Slide4

Education Code CHAPTER 37. DISCIPLINE; LAW AND ORDER

TEC CHAPTER 37 is the driving force behind all campus-based disciplinary decisions and it is the framework on which the HISD Code of Student Conduct is based

.

http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.37.htm

EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE G. SAFE SCHOOLS CHAPTER 37. DISCIPLINE; LAW AND ORDER4Slide5

TEC CHAPTER 37: CODE - REQUIREMENTS

Board must adopt a Code for district

Code

must be posted or made available for review

It must Specify circumstances under which a student may be removed from a classroom, campus, or DAEP;Specify procedures for removal of students 5Slide6

CODEOutline conditions under which a student may be suspended;

Include notification procedures of a student’s parent/guardian of a violation of the Code that results in suspension, removal to DAEP, or expulsion

Address bullying, harassment, date violence, & hit lists.

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Code (2011)T.E.C. 37.001(a)(4) REQUIRES the exercise of discretion with regard to every decision regarding suspension, DAEP, expulsion to JJAEP.

The Code must specify that consideration will be given as a factor in each decision regardless of whether the decision concerns a mandatory or discretionary action to:

7Slide8

Code - factors

(A) self-defense;

(

B

) intent or lack of intent at the time the student engaged in the conduct;(C) a student’s disciplinary history; or(D) a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.8Slide9

INTENTION ….

9

FAILURE

TO COMPLY

REFUSAL TO COMPLYDoes not imply any specific intention or motivationSuggests an oppositional intention

Inattentive – did not hear or did not understand instructionsAttentive – did

hear and did understand – wants control

Forgot or did not know the rule

Wants to avoid the work

Slow to react or to start

Wants attentionSlide10

Texas Abandons Zero Tolerance

(2011) T.E.C

. 37.001(a)(4)

As such, Texas is NOT a zero tolerance state!

As such, HISD is NOT a zero tolerance district!10Slide11

YOU HAVE A CHOICE!

School administrator can choose to follow the

requirements

of the Code and remove off campus

or can choose not to remove off campus and only take on-campus disciplinary actions or no action at all.PEIMS ACTION CODE 28: Mandatory disciplinary action NOT taken because Code allows self defense, lack of intent, student’s disciplinary history, or disability to factor in decision. – Offense and all other actions taken must be posted on Chancery

.

11Slide12

TEC Chapter 37 – NOTE

TEC CHAPTER

37 IS ABOUT

EDUCATION

AND SCHOOL SAFETY – NOT ABOUT CRIME AND PUNISHMENT.

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CODE/37 MANDATORY LANGUAGE

Mandatory language still persists in the statute and in the Code

“required” or “shall”?????

Administrators are “required”

to address and report certain offenses, but not required to remove….again, PEIMS Code 28.13Slide14

PEIMS Action/Consequence Code 28

The date of this decision should be in close proximity to the date of the offense.

The use of ACTION code 28 is student-focused! And should not be used because the staff failed to follow through with a referral or were negligent in following proper procedures.

The use of ACTION code 28 must be well documented and must relate to one or more of the factors listed.

PEIMS

ACTION

CODE 27

vs

28.

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Implications of The Law

Do not focus on the misbehavior in isolation…

Look at the whole student, the whole situation

… progressive discipline

Make an informed decision…

CONSIDER

ALL

ALTERNATIVES…

Establish clear behavior

goals and expectations for

students & staff.

Keep

students in school!

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Challenged to Change

the

Culture

If student does not know how to do math,

we teach progressively. (addition, subtraction, multiplication, … algebra, calculus, trig….)If student does not know how to read, we teach progressively. (vocabulary, word recognition, sentence structure, paragraphs, analysis…)If student does not know how to behave,

we punish….. (

skills deficit

????)

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Function of Behavior

Reasons Student Commonly Misbehave:

Student(s) don’t know expectations

Student(s) don’t know how to exhibit expected behavior (a skills deficit)

Student is unaware he/she is engaged in the misbehaviorMisbehavior is providing student with desired outcome: (it works for the student)

(Teaching Function of Behavior to All Staff

A School-wide Intervention - Chris

Borgmeier

, PhD Portland State University)

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Why did they do it?

Obtaining

attention from adults/peers –

TO

GET SOMETHING

Escape from difficult task or non-desired activity –

TO

AVOID SOMETHING

The following is what happens if we are not familiar with the function of behavior or we only react to the misbehavior and not the situation

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xxxxxxx

Dec 02, 2014

Level 3

Wxxxxx D; Sxx, xxmer; Wxxxxn, Dxxxe L; Gxxx, RxxM; Pxxx, Sxxxn C

21-Code of Conduct Violation

05-SUSP Out-of-School Susp

Incident Description:

Skipping; returned by

HPD

.

19

Action

Action step(s)

Target start date

Target end date

xxxx

M

05-SUSP Out-of-School Susp

Suspended

12/03/2014

12/05/2014

xxxxx

C

05-SUSP Out-of-School Susp

Suspended

12/03/2014

12/05/2014

xxubas

,

xer

05-SUSP Out-of-School Susp

Suspended

12/03/2014

12/05/2014

Wxxtx

,

Dxxxx

L

05-SUSP Out-of-School Susp

Suspended

12/03/2014

12/05/2014

Wxxn

,

Axxx

D

05-SUSP Out-of-School Susp

Suspended

12/03/2014

12/05/2014Slide20

Consequences…

Unfortunately, the

easie

s

t consequence is the o

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wh

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who is

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wh

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nis

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me

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sanctio

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a

tive process is initially viewed as more cumbersome, more time-consuming -- ‘What happened, what harm has resulted and what needs to happen to make things right?’ (Jeffrey Sprague, Ph.D. 2014)Does this act of discipline provide access to opportunity, or shut off such access? (Discipline Disparities: A Research-to-Practice Collaborative 2014) 20Slide21

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Discipline/TEAM-BASED

“Discipline” means to

train (someone) to obey rules or a code of behavior -

synonyms:

train, drill, teach, school, coachAll disciplinary consequences should have a teaching orientation to them, otherwise they are merely punitive and may have the opposite effect we intend.Appropriate behavior is an acquired

SKILL – you cannot punish skills into students …

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Creating safe, supportive environments – how to’s

Model appropriate behavior: all children can exhibit appropriate behavior if expectations, rules, and routines are positively stated, easy to remember, and appropriate for the environment.

Intervene early

: intervene before challenging behaviors occur to make them more manageable and less likely to escalate.

Rethink Student DisciplineDepartment of Education, July 201523Slide24

Safe supportive environments:Differentiate approaches: just as it is good practice to differentiate instruction to meet the individual needs of students, so too is it important to use a diverse range of supportive strategies with students.

Use research- and evidence-based interventions proven to be effective.

Rethink

Student Discipline

Department of Education, July 201524Slide25

Safe, positive environmentsData should drive decision making: use data collection systems to monitor students’ engagement and behavior so that interventions can be developed and deployed effectively.

Regularly engage the student’s family.

Rethink Student Discipline

Department of Education, July 2015

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TEC Chapter 37: Four Things to Remember

Students have a

right to an education

, even if they misbehave at school.

Parents/Students have a right to know the why & the what & the consequences of their mis-behavior(s) and they have a right TO APPEAL.

Students have a legally protected right to DUE PROCESS

.

THE sending school is accountable for the student even after removal –

CAMPUS OF ACCOUNTABILITY.

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THE HISD CODE“Each student in the Houston

ISD public schools is responsible for exhibiting the highest standards of behavior to create a positive and welcoming school atmosphere.  The HISD Code of Student Conduct defines system-wide expectations for student behavior and

provides means for constructive student-administrator relationships

.”

HISD Student Congress 2014-201529Slide30

CODE - Things to Remember

Board approved to Establish standards for conduct

Specifies circumstances, under which a student may be removed or

must be removed

* to a DAEP or expelled to a JJAEPProtects the rights of students to DUE PROCESSProvided upon enrollmentParent/Student must sign, date and return the acknowledgement page of the CODE.(NOT INTENDED TO BE YOUR CAMPUS DISCIPINE

MANGAGEMENT PLAN

..)

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CODE - BULLYING

Have procedures in place

VERBAL ABUSE

vs

BULLYINGPrevention begins with School Climate On-line trainingRESOURCE: http://stopbullying.gov/31Slide32

Bullying – Required School ActionImmediate action taken to investigate and determine what happened.

The inquiry must be impartial, prompt, and complete.Written documentation must be completed.

Interviews must be conducted with targeted students, offending students, all witnesses, and parents.

Targeted students and parents must be informed of the steps taken to resolve the issues.

Follow up must be done with the students and parents to ensure it has been resolved.32Slide33

Sec. 37.002. Removal by Teacher

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 .

(b) A teacher may remove from class a student

:

(1) who has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or(2) whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn.33Slide34

Sec. 37.002. Removal by Teacher

(c) If a teacher removes a student from class under Subsection (b), the principal may place the student into another appropriate classroom, into in-school suspension, or into a disciplinary alternative education program.

The principal may not return the student to that teacher's class without the teacher's consent unless the committee established under Section 37.003 determines that such placement is the best or only alternative available.

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Section 37.003

Sec. 37.003.

PLACEMENT REVIEW COMMITTEE

. (a) Each school shall establish a

three-member committee to determine placement of a student when a teacher refuses the return of a student to the teacher's class. Members shall be appointed as follows:(1) the campus faculty shall choose two teachers to serve as members and one teacher to serve as an alternate member; and(2) the principal shall choose one member from the professional staff of a campus.(b) The teacher refusing to readmit the student may not serve on the committee.(c) …regarding a student with a disability who receives special education services….(Contact the HISD Legal office…)35Slide36

Section 37.0022

Sec. 37.0022. REMOVAL BY SCHOOL BUS DRIVER

. (a) The driver of a school bus transporting students to or from school or a school-sponsored or school-related activity may send a student to the principal's office to maintain effective discipline on the school bus. The principal shall respond by employing appropriate discipline management techniques consistent with the student code of conduct .

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REVISIONS To Code FOR 2015The Overview of Responsibilities and the responsibility of students was modified to establish more positive overall expectations for student behavior in response to recommendations from the HISD Student

Congress“Failure to protect individual computer account passwords” was changed to “Disclosure or sharing of individual computer account passwords.”

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REVISIONS FOR 2015Inappropriate display of affection was modified to indicate that the provision should be equitably enforced without regard to sexual orientation, gender identity or gender

expression.Revocation of school-choice transfers as a result of placement in a DAEP was modified consistent with current practice to clarify that transfer students remain on the campus that accepted the transfer for the duration of the school year, unless statute or board policy requires the permanent removal of the student from his/her school of

choice.

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REVISIONS FOR 2015Cheating, plagiarism, or copying the work of other students was modified to provide notice that the infraction includes failure to comply with test security procedures and a prohibition on the use of cell phones and electronic devices during testing.

A provision was added

“requiring”

the removal to a DAEP for possessing, selling, giving, delivering, using or being under the influence of designer drugs, synthetic marijuana, synthetic cannabinoids (e.g. “K2” and “Spice”), stimulants (e.g. “bath salts”), or analogs of any controlled substance, regardless of whether currently scheduled or classified as an illegal drug under state or federal law and regardless of whether the substance is legally sold or marketed for another purpose, such as “herbal incense,” “bath salts” and is labeled “not for human consumption.”

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REVISIONS FOR 2015Provisions on Sexual Harassment/Sexual Abuse/Dating Violence have been modified to clarify duties with regard to the investigation and notification of the Title IX Coordinator so that the procedures are more closely aligned with regulatory guidance regarding response to Title IX complaints of discrimination on the basis of sex.

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Removal To A

DAEP (consequence of last resort)

PROCEDURES:

Provide the student with

due process. Decisions to assign a student to a DAEP shall not be made until a formal conference has been scheduled and held with the parent. (CONFERENCE VS. NOTIFICATION)

The conference should be scheduled

within three (3) days

from the date of the offense and should be

held within seven (7) days

from the date of the

offense

.

Letter

to parent within 3 days after the conference is held.

NOTE: SUSPENSIONS also REQUIRE NOTIFICATION

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Requirements of Removal

LETTER to the parent must state:

the specific charge/offense/ misbehavior,

the disciplinary action to be taken,

the length of placement, secondary schools – continuation of coursesDate of ConferenceAPPEALS process

Must be in the language of the parent whenever possible…

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Discipline Record - Chancery

Administrator’s responsibility to designate reason/action codes to be used.

Identify

student behavior and action to be taken – ONE INCIDENT NUMBER (several students/several actions)

Description Details: who, what, when, wherebe precisebe accurate BEHAVIOR LOCATION CODE

Post case #’s in appropriate place – ADDITIONAL INCIDENT DETAILS

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Review – School Office

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Be SpecificGun/weapon

: describe firearm/weapon, loaded?, ammunition?, where/how was it found, intent? Other student’s involved? Arrested? Victims?Drugs: what was the controlled substance? Misdemeanor/felony?

Inent

?

Assaults: contact/verbal/with bodily injury? Employee/student? Arrest? What happened?47Slide48

It’s in the details…

Assault

–

(

PEIMS Reason Code 27/28) – actual charge.Drugs – misdemeanor/felony – enhancement – 300 feet. (Codes 04, 36)Knife – what kind? Intent? (Codes 50)Gun – Gun Free Act Report (Codes 11)Dangerous Campus Codes - TEA

Enhancements

Victim of Violent Crimes

Continuations

…(different action codes)

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Suspensions - NOTE“Informal suspension”

is prohibited (e.g. parent told to keep child at home until school figures things out and without an official suspension letter).

“Extended suspension”

due to the parent’s failure to attend a conference with school officials is prohibited.

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Level IV: REQUIRED*

Removal To A DAEP

A student

shall*

be removed and referred to a DAEP for any conduct listed under Level IV of the Code.*Determining factors 37.001((a)(4)*documentation from a

law enforcement agency is

required for many

Level 4 offenses.

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Length of Placement

AGAIN, consider the student, situation, factors…

GUIDELINES

FOR SECONDARY DAEP (ON-LINE)

ELEMENTARY DAEP 15 DAYSEnd with semester?

Natural transitional point!

One size does not fit all…

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Expulsion to The JJAEP

Requires HEARING - should be scheduled within three (3) days from the date of the offense and should be held within seven (7) days from the date of the

offense

. Letter scheduling hearingOR signed waiver to HEARING & APPEALS

LETTER OF EXPULSION (stating offense, date of hearing, length of expulsion…)

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TRUANCY

TRUANCY will be dealt with not through referral to a DAEP, but by referral to the courts for enforcement of compulsory attendance laws –

Again, first look at the whole

child and circumstances.

Referral to student Caseworkers – Office ofDropout Prevention(BEA MARQUEZ)53Slide54

CONTINUATIONEnroll studentObtain all paperwork from previous school district

If appropriate, honor the continuation – submit referral (DAEP continuation: PEIMS Code 08 – COAE; JJAEP continuation PEIMS Code 15 –

COEO

< than 30 days will not be honored

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MDR CommitteeThe

MDR ARD

/

IEP

Committee shall include a licensed psychologist, licensed specialist in school psychology, or other professional who is qualified to interpret the instructional implications of any evaluations that may be presented at the ARD.SPECIAL EDUCATION55Slide56

Negative FindingIf determination is made that the behavior was not a manifestation, student is subject to the same disciplinary actions as non-disabled students.

*NOTE:

Students in Behavior Support Centers

HISD

Legal Office Hans Graff, Asst. General Counsel, 713-556-724556Slide57

Beechnut Academy Staff

Patrice Grovey – HISD Coordinator

Beechnut Academy (Campus #303)

7055 Beechnut, 77074

713-394-3500CAMELOT SCHOOLS OF TEXAS57Slide58

Beechnut Academy

HISD Contacts: Patrice Grovey

pgrovey1@houstonisd.org

Telephone Numbers 713-802-4760 or 713-696-7351;

FAX 713-696-7359Claudia Coronado – (student information rep) ccoronado@houstonisd.orgBA CONTACTS: BEECHNUT ACADEMY – 713-394-3565Records Requests - -713-394-3534 & FAX: 713-270-7413 Route # 958Slide59

ContactsSpecial Education

A PLACEMENT ARD must be held.

HISD Alternative Schools Special Education Senior Manager:

713-434-4700

713-434-5294 (fax)ELEMENTARY DAEP – ELLIOT ELEMENTARY59Slide60

Referral Contact – Before Approval & DISCIPLINE QUESTIONSLuis Gavito –

lgavito@houstonisd.orgOFFICE PHONE: 713-556-7140

FAX: 713-556-7282

HISD PUBLIC PORTAL > DEPARTMENTS > STUDENT DISCIPLINE

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84th Legislature

SB 107 requires the designation of an administrator on each campus as a

campus behavior coordinator

who is responsible for

: maintaining student discipline; implementing progressive discipline management techniques as appropriate; and,promptly notifying parents of major sanctions such as suspension, DAEP placement or expulsion.

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PEIMS REASON CODE 21WHY THE CONVERSION SY

2014-201530,332 resulted in OSS, of these, 24,315 = Reason Code 21 = 80%35,032 resulted in ISS, of these, 33,823 = Reason Code 21 = 97%

2,453 resulted in DAEP, of these, 1,148 = Reason

Code 21 = 47%

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STUDENT DISCIPLINE WEBSITE

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Thank you

Luis Gavito, Administrator

lgavito@houstonisd.org

Lisa Perez, Coordinator

lperez6@houstonisd.org

Student Support Services