HOLLAND ISD STUDENT CODE OF CONDUCT 2004-2005 |
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THE PURPOSE OF THE STUDENT CODE OF CONDUCT The Student Code of Conduct that follows is the District's
response to the requirements of Chapter 37 of the Texas Education Code. The law requires the District 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 or removal from a Disciplinary Alternative Education
Program (DAEP), or expulsion from school. This
Student Code of Conduct has been adopted by the Holland Independent School
District Board of
Trustees with the advice of its District-level committee. The Student Code of Conduct provides
information to parents and students regarding expectations for behavior,
consequences of misconduct, and procedures for administering discipline. In accordance with state law, the Student Code of Conduct will be posted at each school campus or will be available for review at the office of the campus principal. Parents will be notified of any Student Code of Conduct violation that may result in a student being suspended, removed to a DAEP, or expelled from the District. CONTENTS This code is organized into the following sections: 1. Standards for Student Conduct....................................................................................... pages 2–4 2. General Misconduct Violations....................................................................................... pages 5–8 3. Removal from the Regular Educational Setting: a. Suspension ........................................................................................................... page 9 b. Placement in a Disciplinary Alternative Education Program......................................... pages 10–16 c. Expulsion .............................................................................................................. pages 17–21 The Glossary at the back of the Student Code of Conduct provides easy access to definitions of legal terms. In case of
conflict between the Student Code of Conduct and the student handbook, the
Student Code of Conduct will prevail.
The Student Code of Conduct is adopted by the District’s Board of Trustees
and has the force of policy. 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. |
Behaviors |
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Each student is expected to: ·
Demonstrate courtesy even when others do not. ·
Behave in a responsible manner, always exercising
self-discipline. · Attend all classes, regularly and on time. · Prepare for each class; take appropriate materials and assignments to class. ·
Meet District and campus standards of grooming and dress. · Obey all campus and classroom rules. · Respect the rights and privileges of other students and of teachers and other District staff. · Respect the property of others, including District property and facilities. · Cooperate with and assist the school staff in maintaining safety, order, and discipline. · Avoid violations of the Student Code of Conduct. The District may impose campus or classroom rules in addition to those found in the Student Code of Conduct. These rules may be posted in classrooms or given to the student and may or may not constitute violations of the Student Code of Conduct. |
A student whose behavior shows disrespect for others, including interference with learning and a safe environment, will be subject to disciplinary action. School rules and the authority of the District to administer discipline apply whenever the interest of the District is involved, on or off school grounds, in conjunction with or independent of classes and school-sponsored activities. The District 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.
For certain mandatory DAEP and discretionary
expulsion offenses, within 300 feet of school property as measured from any
point on the school’s real property boundary line; 4. While the student is in attendance at any school-related activity, regardless of time or location; 5. For any school-related misconduct, regardless of time or location; 6. For any mandatory expulsion offense committed while on school property or while attending a school-sponsored or school-related activity of another district in Texas; 7. When retaliation against a school employee or volunteer occurs or is threatened, regardless of time or location; 8. When the student commits a felony, as provided by Texas Education Code 37.006 or 37.0081; and 9. When criminal mischief is committed on or off school property or at a school-related event. The District has the right to search a vehicle driven to school by a student and parked on school property whenever there is reasonable cause to believe it contains articles or materials prohibited by the District. The District has the right to search a student's locker
whenever there is reasonable cause to believe it contains articles or
materials prohibited by the District. A school administrator will report crimes as required by law. A school administrator who suspects that a crime has been committed on campus will call local law enforcement. The District has the right to revoke the transfer of a transfer student for violating the District's 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. Disciplinary action will draw on the professional judgment of teachers and administrators and on a range of discipline management techniques. Disciplinary action will be correlated to the seriousness of the offense, the student's age and grade level, the frequency of misbehavior, the student's attitude, the effect of the misconduct on the school environment, and statutory requirements. The District will take into consideration self-defense as a factor in a decision to order suspension, removal to a DAEP, or expulsion. (See glossary) Because of these factors, discipline for a particular offense (unless otherwise specified by law) may bring into consideration varying techniques and responses. The following discipline management techniques may be used—alone or in combination—for misbehavior violating the Student Code of Conduct or campus or classroom rules: · Verbal correction. · Cooling-off time or "time-out." · Seating changes within the classroom. · Counseling by teachers, counselors, or administrative personnel. · Parent-teacher conferences. · Temporary confiscation of items that disrupt the educational process. · Grade reductions as permitted by policy. · Rewards or demerits. · Behavioral contracts. · Detention. · Sending the student to the office or other assigned area, or to in-school suspension. ·
Out-of-school suspension, as specified in the suspension section of
this Student Code of Conduct. ·
Placement in a Disciplinary Alternative Education Program (DAEP), as
specified in the DAEP section of this Student Code of Conduct. ·
Expulsion, as specified in the expulsion section of this Student Code
of Conduct. · Assignment of school duties such as scrubbing desks or picking up litter. · Withdrawal of privileges, such as participation in extracurricular activities and eligibility for seeking and holding honorary offices, and/or membership in school-sponsored clubs or organizations. · Techniques or penalties identified in individual student organizations' extracurricular standards of behavior. · Withdrawal or restriction of bus privileges. · School-assessed and school-administered probation. · Corporal punishment. · Referral to an outside agency and/or legal authority for criminal prosecution in addition to disciplinary measures imposed by the District. · Other strategies and consequences as specified by the Student Code of Conduct. Parental questions or complaints regarding disciplinary measures should be addressed to the teacher or campus administration, as appropriate, and in accordance with policy FNG(LOCAL). A copy of the policy may be obtained from the principal's office or the central administration office. Consequences will not be deferred pending the outcome of a grievance. |
Behaviors |
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The following behaviors are prohibited at
all school and school-related activities: · Cheating or copying the work of another. · Throwing objects that can cause bodily injury or property damage. · Failing to comply with directives given by school personnel. · Leaving school grounds or school-sponsored events without permission. · Disobeying rules for conduct on school buses. · Directing profanity, vulgar language, or obscene gestures toward another student or District employee. · Fighting or scuffling. · Hazing. (See glossary) · Stealing from students, staff, or the school. · Damaging or vandalizing property owned by others. ·
Defacing or damaging school property—including textbooks, lockers,
furniture, and other equipment—with graffiti or by other means. (See
glossary) ·
Possessing fireworks of any kind, smoke or stink bombs, or any other
pyrotechnic device.
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Possessing a razor, box cutter, chain, or any other object used in a
way that threatens or inflicts bodily injury to another person. ·
Possessing or selling a "look-alike" weapon. ·
Possessing an air gun or BB gun. ·
Possessing ammunition. ·
Possessing a stun gun. ·
Possessing mace or pepper spray. ·
Possessing or using any articles not generally considered to be
weapons, including school supplies, when the principal or designee determines
that a danger exists.
·
Making false accusations or hoaxes regarding school safety. ·
Falsifying records, passes, or other school-related documents. · Committing extortion, coercion, or blackmail (obtaining money or another object of value from an unwilling person). · Engaging in disruptive actions or demonstrations that substantially disrupt or materially interfere with school activities. · Being insubordinate. · Refusing to accept discipline management techniques assigned by a teacher or principal. · Forcing an individual to act through the use of force or threat of force. · Committing or assisting in a robbery or theft even if it does not constitute a felony according to the Texas Penal Code. (Felony robbery or theft offenses are addressed later in the Student Code of Conduct.) · Bullying, including intimidation by name-calling, using ethnic or racial slurs, or making derogatory statements that could disrupt the school program or incite violence. · Engaging in threatening behavior toward another student or District employee on or off school property. · Engaging in harassment motivated by race, color, religion, national origin, disability, or age and directed toward another student or District employee. (See glossary) · Engaging in any misbehavior that gives school officials reasonable cause to believe that such conduct will substantially disrupt the school program or incite violence. · Engaging in inappropriate verbal, physical, or sexual contact directed toward another student or a District employee. · Engaging in conduct that constitutes sexual harassment or sexual abuse, whether the conduct is by word, gesture, or any other sexual conduct, including requests for sexual favors directed toward another student or a District employee. · Inappropriate or indecent exposure of a student's private body parts. · Possessing or using matches or a lighter. · Possessing, smoking, or using tobacco products. · Possessing or selling look-alike drugs or items attempted to be passed off as drugs or contraband. ·
Possessing or selling seeds or pieces of marijuana in less than a
usable amount. ·
Possessing, using, giving, or selling paraphernalia related to any
prohibited substance. (See glossary) ·
Abusing the student’s own prescription drug, giving a prescription
drug to another student, or possessing or being under the influence of
another person’s prescription drug on school property or at a school-related
event. ·
Violating the District’s policy on taking prescription drugs and
over-the-counter drugs at school. · Using a cellular telephone or other telecommunications device at school during the school day. · Possessing or using a laser pointer for other than an approved use. · Violating computer use policies, rules, or agreements signed by the student, and/or agreements signed by the student's parent. ·
Using the Internet or other electronic communications to threaten
students or employees, or cause disruption to the educational program. ·
Sending or posting electronic messages that are abusive, obscene,
sexually oriented, threatening, harassing, damaging to another's reputation,
or illegal. · Engaging in verbal or written exchanges that threaten the safety of another student, a school employee, or school property. · Possessing published or electronic material that is designed to promote or encourage illegal behavior or that could threaten school safety; using e-mail or Web sites at school to encourage illegal behavior; or threatening school safety. ·
Possessing material that is pornographic. ·
Violating dress and grooming standards as
communicated in the student handbook. · Repeatedly violating other communicated campus or classroom standards of behavior. |
General misconduct identified in the list of prohibited behaviors will result in application of one or more discipline management techniques consistent with law and the Student Code of Conduct. The principal or appropriate administrator will notify a student’s parent by phone or in writing of any violation of the Student Code of Conduct that may result in a suspension, removal to a Disciplinary Alternative Education Program (DAEP), or expulsion. Notification will be made within three school days after the administrator becomes aware of the violation. 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 will prevail. DISCRETIONARY REMOVALGeneral misconduct violations will not necessarily result in the formal removal of the student from class or another placement but may result in a routine referral, formal removal, or the use of one or more discipline management techniques. FORMAL REMOVALFormal removal from class will be initiated by a teacher if: 1. 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 2. 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 DAEP or expelled. A teacher or administrator may remove a student from class for a behavior that the District has determined is a violation of the Student Code of Conduct. Within three school days, the principal will schedule a conference with the student’s parent, the student, and the teacher in the case of a teacher, principal, or administrator removal. At the conference, the principal or appropriate administrator will inform the student of the misconduct for which he or she is charged and will give the student an opportunity to give his or her version of the incident. The principal or administrator will notify the student of the consequences of the Student Code of Conduct violation. When a student is removed from the regular classroom by a teacher and a conference is pending, the principal may place a student in: · Another appropriate classroom. · In-school suspension. · Out-of-school suspension. · A Disciplinary Alternative Education Program. When a student has been formally removed from class by a teacher, the principal may not return the student to the teacher's class without the teacher's consent, unless the placement review committee determines that the teacher's class is the best or only alternative available. |
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Students may be suspended for any behavior listed in the Student Code of Conduct as a general misconduct violation, Disciplinary Alternative Education Program placement, or expellable offense. |
State law allows a student to be suspended for as many as three school days per behavior violation, with no limit on the number of times a student may be suspended in a semester or school year. A student who is to be suspended will have an informal conference with the principal or appropriate administrator advising the student of the conduct of which he or she is accused. The student will be given the opportunity to explain his or her version of the incident before the administrator's decision is made. The number of days of a student's suspension will be determined by the principal or other appropriate administrator, but will not exceed three school days. The principal or other appropriate administrator will determine any restrictions on participation in school-sponsored or school-related extracurricular and cocurricular activities. Students with disabilities are 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 will prevail. |
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A student must be placed in a Disciplinary Alternative Education Program (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) A student must be placed in a DAEP for any of the following offenses, if the student commits these offenses on school property or 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.
·
Sells, gives, or delivers to another person, or
possesses, uses, or is under the influence of marijuana, a controlled
substance, or a dangerous drug in an amount not constituting a felony
offense. (School-related felony drug
offenses are addressed in the expulsion section of this Student Code of
Conduct.) (See glossary) · 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, if the
conduct is not punishable as a felony offense. (School-related felony alcohol offenses are addressed in the
expulsion section in this Student Code of Conduct.) · Behaves in a
manner that contains the elements of an offense relating to abusable volatile
chemicals. · Behaves in a manner that contains the elements of the offense of public lewdness. · Behaves in a manner that contains the elements of the offense of indecent exposure. · Engages in expellable conduct, if the student is between six and nine years of age. · Engages in conduct that contains the elements of the offense of retaliation against any school employee on or off school property. (Committing retaliation in combination with another expellable offense is addressed in the expulsion section of this Student Code of Conduct.) · Engages in conduct punishable as a felony listed under Title 5 (see glossary) of the Texas Penal Code when the conduct occurs off school property and not at a school-sponsored or school-related event and: 1. The student receives deferred prosecution. (See glossary) 2. A court or jury finds that the student has engaged in delinquent conduct. (See glossary) 3. The Superintendent or designee has a reasonable belief that the student engaged in the conduct. (See glossary) A principal or other appropriate administrator may, but is not required to, place a student in a DAEP for off-campus conduct for which DAEP placement is required by state law if the principal or other appropriate administrator does not have knowledge of the conduct before the first anniversary of the date the conduct occurred. In accordance with state law, a student may be placed in a DAEP for any one of the following offenses: · Engaging in conduct punishable as a felony, other than those listed as offenses involving injury to a person in Title 5 of the Texas Penal Code, 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. In accordance with Education Code 37.0081, after an opportunity for a hearing before the Board or its designee, a student may be placed in a DAEP if: · The student receives deferred prosecution for conduct defined as a felony offense in Title 5 of the Texas Penal Code; or · The student has been found by a court to have engaged in delinquent conduct for conduct defined as a felony offense in Title 5 of the Texas Penal Code. The Board or the Board’s designee must determine that the student’s presence in the regular classroom: 1. Threatens the safety of other students or teachers; 2. Will be detrimental to the educational process; or 3. Is not in the best interest of the District’s students. A student’s placement in the DAEP as a result of receiving deferred prosecution or delinquent conduct, as described above, may occur regardless of: 1. The date on which the student’s conduct occurred; 2. The location at which the conduct occurred; 3. Whether the conduct occurred while the student was enrolled in the District; or 4. Whether the student has successfully completed any court disposition requirements imposed in connection with the conduct. · Involvement in gang activity, including participating as a member or pledge, or soliciting another person to become a pledge or member of a gang. · Involvement in a public school fraternity, sorority, or secret society, including participating as a member or pledge, or soliciting another person to become a pledge or member of a public school fraternity, sorority, or secret society. · Any criminal mischief. · A federal firearms violation, for a student six years of age or younger. In addition, the District has determined that the following behaviors may result in a student's placement in a DAEP: · Cheating or copying the work of another. · Throwing objects that can cause bodily injury or property damage. · Failing to comply with directives given by school personnel. · Leaving school grounds or school-sponsored events without permission. · Disobeying rules for conduct on school buses. · Directing profanity, vulgar language, or obscene gestures toward other students or a District employee. · Fighting. · Hazing. · Stealing from students, staff, or the school. ·
Damaging or vandalizing property owned by others. ·
Defacing or damaging school property—including textbooks, lockers,
furniture, and other equipment—with graffiti or by other means. ·
Possessing fireworks of any kind, smoke or stink bombs, or any other
pyrotechnic device.
·
Possessing a razor, box cutter, chain, or any other object used in a
way that threatens or inflicts bodily injury to another person. ·
Possessing or selling a "look-alike" weapon. ·
Possessing an air gun or BB gun. ·
Possessing ammunition. ·
Possessing a stun gun. ·
Possessing mace or pepper spray. ·
Possessing or using any articles not generally considered to be a
weapon, including school supplies, when the principal or designee determines
that a danger exists.
·
Making false accusations or hoaxes regarding school safety. ·
Falsifying records, passes, or other school-related documents. · Committing extortion, coercion, or blackmail (obtaining money or another object of value from an unwilling person). · Engaging in disruptive actions or demonstrations that substantially disrupt or materially interfere with school activities. · Being insubordinate. · Refusing to accept discipline management techniques assigned by a teacher or principal. · Forcing an individual to act through the use of force or threat of force. · Committing or assisting in a robbery or theft even if it does not constitute a felony according to the Texas Penal Code. (Felony robbery or theft offenses are addressed elsewhere in the Student Code of Conduct.) · Bullying, including intimidation by name-calling, using ethnic or racial slurs, or making derogatory statements that could disrupt the school program or incite violence. · Engaging in threatening behavior toward another student or District employee, on or off school property. · Engaging in harassment motivated by race, color, religion, national origin, disability, or age and directed toward another student or a District employee. · Engaging in any misbehavior that gives school officials reasonable cause to believe that such conduct will substantially disrupt the school program or incite violence. · Engaging in inappropriate verbal, physical, or sexual contact directed toward another student or a District employee. · Engaging in conduct that constitutes sexual harassment or sexual abuse whether the conduct is by word, gesture, or any other sexual conduct, including requests for sexual favors directed toward another student or a District employee. · Inappropriate or indecent exposure of a student's private body parts. · Possessing or using matches or a lighter. · Possessing, smoking, or using tobacco products. · Possessing or selling look-alike drugs or items attempted to be passed off as drugs or contraband. ·
Possessing or selling seeds or pieces of marijuana in less than a
usable amount. ·
Possessing, using, giving, or selling paraphernalia related to any
prohibited substance. ·
Abusing the student’s own prescription drug, giving a prescription
drug to another student, or possessing or being under the influence of
another person’s prescription drug on school property or at a school-related
event. ·
Violating the District’s policy on taking prescription drugs and
over-the-counter drugs at school. · Using a cellular telephone or other telecommunications device at school during the school day. · Possessing or using a laser pointer for other than an approved use. · Violating computer use policies, rules, or agreements signed by the student, and/or agreements signed by the student's parent. ·
Using the Internet or other electronic communications to threaten
students, employees, or cause disruption to the educational program. ·
Sending or posting electronic messages that are abusive, obscene,
sexually oriented, threatening, harassing, damaging to another's reputation,
or illegal. ·
Engaging in verbal or written exchanges that threaten the safety of
another student, a school employee, or school property. · Possessing published or electronic material that is designed to promote or encourage illegal behavior or that could threaten school safety, using e-mail or Web sites at school to encourage illegal behavior, or threatening school safety. ·
Possessing material that is pornographic. ·
Violating dress and grooming standards as communicated
in the student handbook. ·
Repeatedly violating other communicated campus or
classroom standards of behavior. In an emergency, the principal or the principal's designee may order the immediate placement of a student in a DAEP for any reason for which placement in a DAEP may be made on a nonemergency basis. |
Removals to a DAEP will be made by the superintendent or the superintendent’s designee. The duration of a student's placement in a DAEP will be determined by the the superintendent or the superintendent’s designee. The duration of a student’s placement in a DAEP will be determined on a case-by-case basis. The maximum period of DAEP placement is as follows: DAEP placement will be correlated to the
seriousness of the offense, the student’s age and grade level, the frequency
of misbehavior, the student’s attitude, and statutory requirements. Students with disabilities are 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 will prevail. A student who, on or within 300 feet of
school property or at a school-related event on or off school property, 1. sells, gives,
delivers, possesses, uses, or is under the influence of prohibited drugs or
alcohol or 2. engages in
conduct punishable as an offense relating to an abusable volatile chemical The District will decide on a case-by-case basis whether to place in a DAEP or expel a student who 1. sells, gives, delivers, possesses, uses, or is under the influence of prohibited drugs or alcohol or 2. engages in conduct punishable as an offense relating to an abusable volatile chemical if the conduct is not punishable as a felony. When a student is removed from class by a teacher (formal removal) or an administrator for a mandatory or discretionary DAEP offense, the principal or other appropriate administrator will schedule a conference within three school days with the student's parent, the student, and the teacher, in the case of a teacher removal. Until a conference can be held as a result of a formal teacher removal or administrator removal, the principal may place the student in: · Another appropriate classroom. · In-school suspension. · Out-of-school suspension. · A Disciplinary Alternative Education Program. At the conference, the principal or appropriate administrator will inform the student, 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 their attendance, |