Teen, CC officer involved in fight
staff reports
Originally published 10:16 a.m., June 10, 2008
Updated 10:16 a.m., June 10, 2008
CORPUS CHRISTI — Two Corpus Christi police officers were needed to subdue a 15-year-old boy who was the subject of a disturbance call Monday night on the 400 block of Breckenridge Drive.
When the first officer arrived after 7:30 p.m., the teen, who is much larger than his father, pushed his father and began to fight with the officer. When the second officer arrived, the teen was on top of the officer on the ground. The teen was subdued when the second officer arrived and he received a small cut below the right eye, according to police. Neither officer was injured.
Police said the father did not help the officer because he is afraid of his son.
The teen was arrested for assault and resisting arrest and taken to Nueces County Juvenile Justice Center.
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(102) User Comments:
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related links Posted by 243882 on June 10, 2008 at 10:31 a.m.
Sad when you cannot control your offspring. Even sadder when they attack you.
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related links Posted by 425944 on June 10, 2008 at 10:32 a.m.
Throw the book at him. Some of these 15 year old punks think the world owes them something.
Take away free room and board, food, gas, car, phone that the parents are undoubtedly paying for and what has he got left? NOTHING.
Maybe he'll appreciate some downtime in the slammer. If not, he's got a tough row to hoe.
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related links Posted by 444846 on June 10, 2008 at 10:36 a.m.
Can't you give them to the state when you can't control your children? Thank God I have good kids.
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related links Posted by 712045 on June 10, 2008 at 10:41 a.m.
Let Bubba take care of this punk in the big house.
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related links Posted by 253187 on June 10, 2008 at 10:43 a.m.
We don't know the full story. Many posts often jump to conclusions. Certainly what he did was wrong, but is he mentally ill? I hope that the parent(s) have given or will give firm consequences or tough love. Maybe the family can get some help as well. Good luck to the family.
"Giving them to the state" or "throwing the book" at them won't help anyone in the long run! What do they become, when they eventually get out (which is most)! We still have to deal with delinquent children and adults in society.
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related links Posted by 712987 on June 10, 2008 at 10:43 a.m.
I really feel bad for the father but this is a perfect example when you give your child everything they want and then try to set limits when they get older.
If this child is this threatening then his behavior could lead up to someone losing their life. Courts need to take that into consideration. Is that place in Kingsville still open? I fogot the name but that is where they sent unruly kids that parents could not control.
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related links Posted by 699858 on June 10, 2008 at 10:46 a.m.
Son is much larger than father.....Father calls police...
Police arrive @ home, 15yr old whaling on cop.....
2nd officer arrives, subdue 15yr old...Father afraid to assist????
I'm 36 yrs old 5'11, 220...my dad 74 yrs old 5'7 180...
I love and respect my father, he is my HERO!!!
Count back 15 or 20 yrs ago, I'd never dare raise my voice
to my father or mother for whatever reason. We are all raised
differently, but not once was I or my brothers (3) or sisters (5)
disciplined w/a spanking...We just knew better....
P.S. - I'm sure if I had ever gone @ my father then, he would've
of kicked my a$$!!!!
This juvenile punk needs to get his A$$ whipped!!!
-Oz
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related links Posted by 233087 on June 10, 2008 at 10:50 a.m.
to post 253187,
Stop hugging the tree and realize that sometimes punishment is needed.
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related links Posted by 712060 on June 10, 2008 at 10:55 a.m.
in response to 444846
That's sort of true. A detention hearing will be held within 48 hours. At that point, it is determined by the court to have the child placed back into the facility or send him back home. If dad says he can't or won't take him back home, CPS is called and the dad will be investigated for child abandonment. CPS will then try to place the kid with any relative willing to take him in. If no relative steps up, then the kid will be placed in foster care or shelter. Sine he assaulted a cop, he'll probably be placed on probation or deferred prosecution. Which will make it harder for him to find a foster home.
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related links Posted by 703885 on June 10, 2008 at 10:57 a.m.
This is the start of his new wrap sheet. Now he is not scared. Say hello to a new criminal.
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related links Posted by 712987 on June 10, 2008 at 11 a.m.
in response to 699858
See you are a product of what good parenting is all about. Given you cuss, but who doesn't.
Respect, honor, and obey were one of the many things we were taught as kids. My parents were party animals themselves but were strict as can be on us. We are raising kids in todays world and it is hard. We are strict on our kids but we have noticed the behaviors that they are picking up from other children at school. It is frustrating but we can not let off of them or they will become a nightmare for us. They are very young and we have been instilling good behavior skills since they learned how to crawl and get into things.
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related links Posted by 705049 on June 10, 2008 at 11:03 a.m.
This kid is lucky I didn't arrive on the scene. It wouldn't have been a very long fight at all.
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related links Posted by 700317 on June 10, 2008 at 11:09 a.m.
My kudos to the officers. In a lot of cases, this story would have been 15 year old shot by police. I hope the judge explains to this young man that he could easily have lost more than his freedom in this situation. Thank you CCPD for exercising restraint and giving a 15 year old a chance to grow older and hopefully wiser.
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related links Posted by 592398 on June 10, 2008 at 11:10 a.m.
NO we don't know the story but most likely this is a punk kid who thinks the world owes him. Tough love - send him to boot camp and let them show him what respect is supposed to be about. Let them work him outside in the heat with no video games, friends, punk rock music. Let them scare him into respect.
But again, it starts when they are little. Parents often let it go until it is to late. I am not the perfect parent, BUT I did not let my son tell me what he was going to wear. I bought his clothes and he wore them. He didn't wear pants falling off his butt, he didn't wear big baggy t-shirts, he didn't grow his hair long. As a teen he knew the rules and he knew that if I followed up on something he told me, then it better be true, he knew if I found out that he wasn't where he said he would be then there would be a consequence. I didn't have a problem driving to the high school and taking his truck home when I got a call from the principle that he had been doing doughnuts in the parking lot (those doughnuts cost him six weeks without a truck and stuck at home with mom) His room had to stay clean, he knew I would check it every couple of days, he had to mow grass and do chores or he didn't get to go with his friends to the movies, etc. It starts with disicpline when they are young and follow through all the way through high school. If you never allow them to take the upper hand with you they learn respect.
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related links Posted by 239536 on June 10, 2008 at 11:14 a.m.
I have to wonder why a child would disrespect their parent like this. Sure we blame this on a 15 year old boy but is it truly all his fault? Has his father always been there for him and has he been a good role model? We don’t know the answers to these questions so how can we possibly pin this all on this 15 year old. If you look at most of the children that are in trouble and then look at their parents then we will understand why they are growing up to be so out of control. It is the parents sole responsibility to instill good manners and behavior in their children the minute they see them acting in a manner that is not accepted and that starts early on in the child’s life.
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related links Posted by 277671 on June 10, 2008 at 11:19 a.m.
Yeah, boot camp!!
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related links Posted by 351307 on June 10, 2008 at 11:27 a.m.
it's cause these punks don't have anything to do in the summer and they spend all day playing grand theft halos on their nintendos learning to kill people and are brainwashed to vote for Barack Osama. It's sick. When I was a kid we didn't get to mess around in the summer and beat up our dads we had to go pick cotton.
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related links Posted by 287001 on June 10, 2008 at 11:34 a.m.
in response to 705049
Give yourself some credit. You would've lasted a minute or two before the kid KO'd you.
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related links Posted by 710237 on June 10, 2008 at 11:41 a.m.
How sad.
I'm sure this kid has been like this since he was 2 years old. Out of control. No limits. No discipline. No respect. Poor modeling. All year he has been a pain in the neck at his school.
I wonder why the police officers didn't use their taser gun? To me it would have been appropriate. That would have given him the shock of his life. I think we should give the dad a taser gun for Father's Day so he can have a peaceful life becaue the way things are going now it all does not look too promising as long as his son is around.
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related links Posted by 262709 on June 10, 2008 at 11:49 a.m.
Sad Times Bro.......Sad Times
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related links Posted by 257643 on June 10, 2008 at 11:53 a.m.
Whats the matter when a cop cannot control a teen. Size should not matter. Don't they make cops lift weights anymore? Stop eating donuts and pump some iron.
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related links Posted by 699858 on June 10, 2008 at 11:57 a.m.
Post 712987,
I appreciate you understanding where I am coming from....
As for the cussing, this is not a trait I picked up from my parents nor was it allowed (not that you said that), just want to get the record straight.
As for raising kids in today's tough world? Hardly....
My father worked the grave yard, picked up shifts where he could in
other labor jobs...My father epitomizes the term hard worker. My dad is the definition of a MAN who took care of his family. My mother was a homemaker....Basically, her job was to take care of us..which I can't imagine being an easy task in raising children from the ages of 12 downward to an infant in diapers (me)..
With this said, as my 3 older brothers along w/my 5 sisters and I moved through our young teenage years, never were we a problem for my parents.They worked hard and found time to nurture us.. We knew as long as we lived under the very roof in which they provided, the rules were simple...Whatever mom & dad say goes. Until we moved out then we could stay out late, aside from that, we had our curfew and our chores...We were taught to love one another, respect one another, and know the meaning of responsibility.
Raising a child in this day and age in my humble opinion is but a cake walk....as for bad kids around them, simply don't let your kids be part of those bad apples....
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related links Posted by 233517 on June 10, 2008 at 12:01 p.m.
Maybe this kid was on drugs. You'd be surprised at how strong even the smallest person can be when out of control on certain drugs. I witnessed a very small woman who didn't take her medication for a mental illness she suffered from. It took 6 officers to subdue her and that was after she bit and kicked some people. I think under normal circumstances one cop could have taken her down, but her strength was amazing since she wasn't on her meds. It could be the same thing in this kid's situation. Either he's on something or not taking meds he is supposed to be taking. None of us know.
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related links Posted by 711040 on June 10, 2008 at 12:06 p.m.
One bullet between the eyes!
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related links Posted by 234821 on June 10, 2008 at 12:07 p.m.
Honestly, and I know this is going to be cliche, but I blame government. It was the politicians who were beaten as children and now cry abuse when a parent attempts to discipline their child with a good old fashion butt-whoopin'.
Children act out in school and the parents are blamed, even fined, for the behavior of thier offspring. When I was in school and did something against the rules, I got the mean side of the principle's wooden paddle, then when I got home, I got the leather belt from dad. I grew up to be a responsible adult in my most humble opinion.
Now, a kid can beat the hell out of someone and get suspended (yay! get to play on the xbox and miss school!) or for something less serious they are given quiet time or detention.
I would like to take parental control of that teen for a few weeks, teach him discipline the way I was raised and let's see if he doesn't become a model citizen.
related links Posted by 262375 on June 10, 2008 at 12:13 p.m.
(This comment was removed by the site staff.)
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related links Posted by 298842 on June 10, 2008 at 12:39 p.m.
This 15 year old did not get this way over night.
He will do anything if he attacked his own father, attacked a police officer, would not subdue to the second officer arriving without more fight.....he is sick in the head, maybe needs meds.....a full evaluation. This is NOT normal.
Fat chance a family member will want to take him in, and he is messed up for life if he does not get the right help, counseling and medication or whatever he needs, and now......otherwise, he will join the criminal element for life.....and the taxpayers will be paying for his upkeep in PRISON.
He won't make it in society acting like this.
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related links Posted by 235933 on June 10, 2008 at 12:46 p.m.
Our teen son (14) got into his mother's face whaile I was away on a business trip two weeks ago. When I found out all hell broke loose and he was grounded for a month and put on house probation for one year. He plays sports and wants for nothing, so there is plenty to take away if he every attempts to bully his mother in her own house again.
If it does, then MY form of punishment will come into play, but where and why this type of attitude can come out of left field can happen in the first place is beyond me. Especially since he has not been raised in anything other than a supportive and nuturing environment.
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related links Posted by 236920 on June 10, 2008 at 12:46 p.m.
This son does have a problem. For one he has no respect for his elders. If foster house is needed, who in the world will take him, nobody wants to deal with such, especialliy when they are not kin to you. Even if kin, people tend to shun away relatives that are bad. Good parenting is needed, You are to be the guides of your children, for if they are not guided the right direction, they will go astray, and who goes astray the good road? This kid needs to be reprimended and not with just a slap on the hands, he needs to be put to work. Wonder if this is the first offense, probably not, if the dad was afraid of him. Hope all goes good, but I believe this is the beginning of calls to CCPD from that house.
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related links Posted by 712987 on June 10, 2008 at 1:02 p.m.
in response to 699858
Our children are under the age of 10 and we don't allow them to be friends with troubled chidlren. It is the kids that they have to be around in school that they notice their behaviors and want to mimic them but it is cut short the very first time it is shown.
Oh and I was a cusser too. Not by parents choice but becasue I entered junior high exposed to a lot of it and thought it was cool. Now I wish I could stop it. We just refrain doing it in front of the kids.
I remember getting our butts spanked for misbehavior. Not to mentioned as soon as we were old enough my dad would take us to his property and make us do hard labor as part of our punishment. We hated that. We may have gotten into trouble as kids (we all do to some degree) but one thing we did not do was show any disrespect to our parents, grandparents, aunts, uncles and adults.
For the poster commenting on why couldn't the cop handle this kid- you can ask that with a little more respect. Making fun of them with the donuts was not neccessary. Believe it or not it doesn't matter how much training you have, if someone is very strong then they are fighting the same force as the police. There is going to be a struggle and there will need to be back up in case the subject gets the upperhand. It happens. If you can do a better job then please join the police force. They need more officers right now and if you can take down a kid like this then you will definately be needed. Just what are you going to do if you have to go to a domestic call and while you are arresting the brut for beating his wife she comes from your backside and starts hitting you? How would you handle it if you haven't got the brut in cuffs? There are strong ppl out there and just because he is 15 doesn't mean he is a wimp. I am sure there is more detail in the report that was written.
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related links Posted by 712987 on June 10, 2008 at 1:14 p.m.
in response to 298842
Could there be a possibility of him being on steroids? Even if he is a natural hot head he should know better than to continue this kind of behavior once police showed up. Why would he want to fight police?
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related links Posted by 712987 on June 10, 2008 at 1:15 p.m.
How big and tall was this kid?
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related links Posted by 233256 on June 10, 2008 at 1:18 p.m.
How sad that kids nowadays are meaner and more disrespectful than ever. I am 37 years old and back when I was in school there were a few bullies at school and the occasional prankster but the situation with kids in today's world is nothing but pure disappointment. My husband doesn't believe me when I tell him that I was a well-behaved kid and not once was I sent to detention back then or sent to the principals office.
I think that the reason why all these kids have ADHD is from all these hormones, pesticides, chemicals and God knows what else is put in the food we eat and it affects them more than it affects a grown up because their bodies are still developing. It also has to do with parents working more hours at their job or sometimes working 2 jobs just to make ends meet but they still have to dedicate time to their kids. And also the fact that there are a lot of single mothers with more kids than they can handle. Don't get me wrong , I'm not critizising women that go through divorce or all of a sudden become widows, I'm talking about the one's that sleep around and have 5 or more kids all from different fathers.
It also has to do with the upbringing of the kids. If they are not brought up in a loving environment and the parents are abusive to the kids because they were abused as kids, then it's a viscious cycle that will never end. All you have to do to confirm this is go to any public place and sure enough you will encounter one of these scenarios where the kids are misbehaving and the parents will just let them have it right there and then.
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related links Posted by 243871 on June 10, 2008 at 1:24 p.m.
Some of you people on here are just plain dumb.
" Good thing I didn't arrive , would have been a long fight", "Bullet between eyes"
Not every family gives there kids everything they want and then take it away as one suggested.
Why do you judge people you don't know , before you get the whole story.As for dad not helping the cops subdue him because he was afraid. How do you know he wasn't afraid the cops would have turned on him or someone would have gotten really hurt You do not assist a police officer when they are trying to control someone unless they are in real danger.
So find out the whole truth before making a decision to kill or mane this parent or child
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related links Posted by 702401 on June 10, 2008 at 1:27 p.m.
in response to 592398
AMEN my friend you have the right idea. Kids need to learn very early on who the parent is and this all can be done without a spanking, Good For You!!!
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related links Posted by 712989 on June 10, 2008 at 1:34 p.m.
Well! That's Americans for you!
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related links Posted by 713073 on June 10, 2008 at 1:43 p.m.
Just another example of how our politically correct society has kept us from properly disciplining our children. I hope this kid gets the proper punishment, both from the system and his family.
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related links Posted by 233939 on June 10, 2008 at 1:47 p.m.
in response to 253187
There is a quote that I live by and I don't plan on stopping anytime soon so there will be no need for you to reply to me.
"Never argue with stupid people. They will only bring you down to their level and beat you with experience."
With that being said, it is appeaser like you who are the cancer in the Rump of America today.
We should talk to our enemies no matter how mentally deranged or brain washed they are. We should never take action.
Well guess what, talking never works unless the person you are talking to understands that there are even less enjoyable consequences if and when the talks fail.
By actually taking action every now and then it sets a precedent on which the talks become exponentially more persuasive.
Your assertion that being a mentally ill superhuman changes the fact that he is a danger to his family and society is so ignorant I forgot what I was going to say. I feel less intellegent after reading it.
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related links Posted by 447583 on June 10, 2008 at 1:52 p.m.
I am shocked at the fact that the father is afraid of his son. I am a single mother of two sons. They are not allowed to speak vulgar language at home and especially around adults. I have taught them to RESPECT people. My sons are of large stature but they respect and accept whatever discipline is given when needed. I just don't understand this young generation at all when ther are no morals, no respect and no demands are expected of them. Seems that parents who fear their children are only creating problems for society.
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related links Posted by 235152 on June 10, 2008 at 1:52 p.m.
Wow...how big was this kid? Took out his dad and a cop?! Sounds like he has a future in the NFL!
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related links Posted by 322991 on June 10, 2008 at 1:58 p.m.
response to 235933
if this is new and odd for your son then you need to shadow him and find out who he is hanging with. New friends with bad influences often cause usually good kids to start down that dark path and drugs.
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related links Posted by 711808 on June 10, 2008 at 2:06 p.m.
in response to 233939
"Never argue with stupid people. They will only bring you down to their level and beat you with experience."
...and then you proceed to :) typical! hahaha
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related links Posted by 238181 on June 10, 2008 at 2:20 p.m.
in response to 699858
Amen...I got a spanking once in a while but all it took was a look and I knew I'd better behave..that is what these kids do not have is respect. I'm married and I still wouldn't even think of rolling my eyes at my father. I agree with the kid getting an A%^ whipping!
anorman
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related links Posted by 238181 on June 10, 2008 at 2:26 p.m.
in response to 234821
Amen! I remember the paddle in elementary...never saw it but just the idea of it was scary enough. You are so right...and I think coporal punishment should be brought back into the school systems (I know that is going to open up a can of worms) because when we had that, we had respect and that is all gone now.
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related links Posted by 342621 on June 10, 2008 at 2:30 p.m.
I am a mother of 3 son's widow for 20yrs I have raise my son's by my self.... All three have ONCE talked back to me and I slapped in
the mouth... with no regrets...and told them never to do it again....if they didn't like it here there was the door.... see if it was better outside on there own......but no one in this house was going disrespet me....the were about 10 or 14 at the time... they never did it again...One of them even threated to call the police ..and I gave him the phone... told I go to jail and you go to foster home...which is fine with me... It's hard to raise children to right path....but you have to give all you can....and don't your children tell what to do...
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related links Posted by 262348 on June 10, 2008 at 2:31 p.m.
in response to 235933
My 10 cents worth of the day:
Sometimes this stuff does come out of left field. Our children will test their boundaries, and they find out at a very young age just how far they can push (will they get a spanking? probably not in todays world), they throw a fit and embarrass their parents in a store so they give them what they want to shut them up. As they get older, they push more and more boundaries. Our jobs as parents are to set the boundaries and then make them rock solid.
When my oldest son was 16 he was 6'1". I am 5'3". One day, after getting tired of looking at stringy, greasy hair, I took him to Moore Plaza to get a haircut. He simmered, pouted, and fumed all the way through the haircut. When the girl didn't take off enough, I had her take off more. When we walked out of the shop, he turned on me and started screaming at me in the middle of the parking lot! He had NEVER done anything like that before. What did I do? I showed him the consequences of his actions. I hauled off and smacked the crap out of him on the spot. Later, he came to me and apologized for screaming at me like that. Child abuse? I think not, but if anyone wants to report me he is 20 years old now, you can ask him what he thinks. I guarantee you, he will tell you that he deserved it.
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related links Posted by 262348 on June 10, 2008 at 2:36 p.m.
in response to 236920
"This kid needs to be reprimended and not with just a slap on the hands, he needs to be put to work."
I love that! I know I gave my 10 cents worth already, but...I have to share this. My sister married a man who had 3 teenaged daughters. The oldest 2 didn't want to go to school, didn't want to do their chores, etc. Her answer was to load them up with so many chores that they were happy to go to school, and they graduated! Then they didn't want to get jobs...LOL, yep you guessed it! I am happy to report that they are now very hard working young ladies.
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related links Posted by 262348 on June 10, 2008 at 2:39 p.m.
in response to 712987
Well said.
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related links Posted by 342621 on June 10, 2008 at 2:50 p.m.
342621 By the way all three of them apologized and told me I LOVE
YOU . MOM... it won't do it again....if I would have let them get away it once they would have done it again,and again....until it got out of hand... I guess I was lucky it only took one slap....my youngest son
was 2 when his Dad past away so there has not been any father
figure....I have been both so there is no excuse for those that blame
the dad or mom...or the goverment.....
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related links Posted by 262348 on June 10, 2008 at 2:59 p.m.
in response to 342621
I'm so sorry for your loss, I too am a widow. You are so right. If we can raise our children right, without a father figure, what is the problem with these people who can't?
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related links Posted by 240953 on June 10, 2008 at 3:09 p.m.
Don't cops in Corpus Christi use pepper spray or use a taser gun.I think that is what that boy needed .
Percival Wellington
Austin, Tx.
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related links Posted by 331296 on June 10, 2008 at 3:22 p.m.
To 252375 - back off 357307. He made his point. Who cares if it's Grand Theft Auto or Halo, or Barack Obama or Osama. You're the idiot for being obnoxious. We're talking about the terrible son in the article not spellcheck or titles. Go take a nap!
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related links Posted by 232885 on June 10, 2008 at 3:31 p.m.
But, did he pass the TAKS test?
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related links Posted by 262348 on June 10, 2008 at 3:31 p.m.
in response to 331296
I was thinking it, you said it, good job.
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related links Posted by 240023 on June 10, 2008 at 3:33 p.m.
When is a kid allowed to fight back against an abusive parent? Whose to say thats not what happened here? Its usually not completely undisciplined kids who hit their parents, they have to learn violence. And many of these same abusive parents are quick to use the cops to punish their kids when they feel that they can no longer abuse their kids into submission. Dont you think its kind of funny that the dad didnt help the cop out to restrain his son? I doubt he was as afraid of his son as he said he was. The kid is 15. There's a lot more going on there and I really think that this article is playing the Dad up to be more of a victim than he really is.
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related links Posted by 463468 on June 10, 2008 at 3:33 p.m.
in response to 233087
AMEN to you!!!
Sure maybe we don't know the whole story.. But ANY 15 year old who has no respect for police,fights with them, and whose father is afaraid of him, NEEDS his A$$ whipped... From what the article said, the 1st officer was getting the bad end of the deal.. Lord knows, if he'd had to use force or deadly force (warranted if the kid had gone for his gun) the press would've been ALL OVER that..With the public chiming in..
These punks today need to learn to live WITH society, not have society learning to live around them.. Jail time may or may not help him.. Letting him go with a slap on the wrist or a "Iknow you didn't mean it son, we'll get you some help" Is certainly not going to help... If the father is afraid of his son, there must be a good reason.. Is he crazy, or (politically correct) disturbed? Maybe .. Get that kid on some meds and put him into a counseling facility... If his own father is afraid of him, he could certainly be capable of killing someone, and the excuse "he's mentally disturbed" won't provide consolation to the victim's family. Letting political corrrectness instead of common sense rule is what is killing this country.
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related links Posted by 711762 on June 10, 2008 at 3:42 p.m.
It doesnt matter how big he is, when someone is jacked up on dope they are stronger and feel no pain! I've worked in law enforcement for 35 years and have seen 4 200 pound plus officers have a hard time to control a120 pound kid.
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related links Posted by 238420 on June 10, 2008 at 3:45 p.m.
I was spanked as a child.... not abused just spanked when I was misbehaving. We also got the look as one posted said earlier and time the look was more scary than the actual spanking. I am the oldest of 4 I am 37 years old and I would not dare roll my eyes at my parents much less try to attack them. Had I tried that at 15 I would not have made it to 16 let me tell you.
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related links Posted by 699260 on June 10, 2008 at 3:47 p.m.
in response to 240023
I would be more inclined to entertain your theory if he had not fought with police.
Sweetie
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related links Posted by 310101 on June 10, 2008 at 3:53 p.m.
A lot of kids are like this--there is a sense of entitlement that they can have anything they want whenever they want it! It starts when the parents take the child's side whenever they are corrected in school. Nothing their child does is wrong--must be the teacher's fault. Then the parents wonder why the kid doesn't respect them. These parents are not doing their kids any favors. They'll not amount to much as adults because they are used to everything going their way or else they give up.
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related links Posted by 699260 on June 10, 2008 at 4 p.m.
in response to 238420
Yes! I know that look! I'm 37 also and the oldest of 5...had my fair share of spankings too...I once dared to roll my eyes (out of disrespect) at my mother when I was about 15 and got slapped across the face...that was the last time I ever direspected her that way...now if I happen to roll my eyes it's out of jest and she usually started it! (I get my sense of humor from her)
Sweetie ;-)
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related links Posted by 376065 on June 10, 2008 at 4:02 p.m.
I've got a 2 x 4 or an aluminum ball bat that will make me bigger than my kid any day, and they know it. Respect.
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related links Posted by 239536 on June 10, 2008 at 4:09 p.m.
in response to 240023
I agree with you something else had to go on in order for a 15 year old boy to try and fight with his father. I have an almost 18 year old and he has never ever raised a hand and if that day ever came he better run. There has to be more but if he indeed is just that way then there had to be some sort of failure on the parent’s side bottom line. Remember we raise our children and instill certain behaviors by our actions.
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related links Posted by 712784 on June 10, 2008 at 4:23 p.m.
in response to 592398
Oh, that punk rock music. Always corrupting the 350-pound cyborg youth and making them destroy their parents from the inside out. ;)
Seriously though, I have no idea what your kid is wearing (I'm guessing he's middle aged now and still sporting little white sailor suits and cowboy pj's) but if you have to dress them when they're twenty-five you're doing it wrong. The object is to teach them SELF-respect so they realize that people treat them differently when they look - and more importantly act - like hoodlums. Either way, this story has no direct link to the appearance of the kid other than the fact that he's probably enormous. The dad should not have been afraid of him, "punk rock" or no.
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related links Posted by 232645 on June 10, 2008 at 4:38 p.m.
How big is this kid?!
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related links Posted by 246926 on June 10, 2008 at 4:41 p.m.
Get rid of AC, cable & all TV, internet, and video games and kids will show their parents more respect.
Start with AC. It works. Also, people you don't want in your house will leave as soon as the AC goes out!
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related links Posted by 245928 on June 10, 2008 at 5:12 p.m.
whaaa?? no taser jolt and no second taser jolt with the prongs next to the skin were administered in order to "gain compliance" of the subject ??
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related links Posted by 461293 on June 10, 2008 at 5:47 p.m.
in response to 592398
You say send him to boot camp? Boot camp is a joke! It is a day care run by the county. The kids that go in there just get physically fit so that when become adults they can run from the police.
It is a big waste of time and money...it needs to be shut down!
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related links Posted by 233913 on June 10, 2008 at 5:59 p.m.
Sounds like the kid was on drugs - maybe pcp - which would account for any parent being scared. There are kids out there who scare the .... out of their parents, and not because they were raised wrong, but because they are just wired wrong - add drugs to that mix and anger issues - and you have one scary out of control teenager. I've known parents who have tried everything to find help for a kid like that... and who don't sleep peacefully because they never know what is brewing in that unstable mind in the next room. We are quick to blame the parents... but sometimes it is just something in the nature of the child.
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related links Posted by 712987 on June 10, 2008 at 6:38 p.m.
in response to 240953
yes they do and they have the choice to use either one or their gun depending on the level of threat they are experiencing.
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related links Posted by 427774 on June 10, 2008 at 6:42 p.m.
in response to 463468
" Letting political corrrectness instead of common sense rule is what is killing this country. "
And AMEN to you too! This kid needed some firm jolting a long time ago and didn't get it because everything is just PC enough for him to just skate through. A *little punishment here, and **little there - And nothing significant enough to gain his respect. Maybe plenty to keep him in a dark corner and hating people too.
I don't like the idea of mentally dissecting these kids, labeling disordered this or that, and medicating them so that they can behave well enough to go to school. If they can't behave, the last place they belong is in mainstream classrooms.
I have a son (now 29) that was classic ADD - symptoms from infancy. School was hell for him, and all the schools wanted to do was dissect his mind constantly, and medicate him. As his parents, we had to fight for the special education structures he needed, and fight the schools to keep him OUT of the mainstream classrooms.
Oh but academically he tested well, and can do the work! NO! The problems were NOT ONLY academic!!! He was the kind of child that could instantly take control of an entire room full of adults. Even several teachers in a room full of students was asking for BIG trouble. He played the classroom environment like a stage, and thrived on the reactions of both teachers and students. OKAY - got a box???
I would bet this kid was a problem in school very early, and was stuck in mainstream classes where he could torture, and BE tortured. Constantly talked himself up, and bragged about how stupid school workers were every time they punished him too. That's wrong, wrong, wrong!!!
I don't care how many special ""resource"" efforts are made to help them make the academic grades, or how much the teacher goes out of the way to provide for an obviously troubled kid. The LAST thing these kids need is **a mainstream stage to act out on. If they aren't mainstream students - Remove them completely!!! Provide exactly what they need in the way of character, and behavior guidance. Even a BOX! Let them EARN their way!! My son did, and still is!!!
I would bet mom and dad had no idea what to do from the beginning. The schools have to stop catering to these kids, and allowing the behavior to set like concrete. Before I realized what was going on with my son, he was emotionally disturbed, and could very easily have become very dangerous. I had to study constantly, and had to demand - AND THEN COMMAND the educational plans he needed.
Thanks to my own studies, and knowing enough to gain the respect and attention from school workers, he got a high school education. According to set structures - he belonged in mainstream classes. According to ME - he didn't - and after the third try - boardroom politics had NO chance. Bless this boy and his parents. I hope they find the help they need. Caring thoughts and prayers, always, for law enforcement.
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related links Posted by 420894 on June 10, 2008 at 7:22 p.m.
are postings supposed to be book sized?
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related links Posted by 427774 on June 10, 2008 at 7:24 p.m.
in response to 420894
Lol! Sometimes. Why?
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related links Posted by 427774 on June 10, 2008 at 7:28 p.m.
in response to 461293
That nail needs to be driven FIRM for sure!!! These boot camps are as destructive to character as prisons. They teach the kids to be HARD CORE, and that's exactly what they become - or else. They will either succeed or fail, and which ever way they go - those HARD CORE traits of character go with them.
Once at risk, always at risk as far as I am concerned. Physical training for a possible crime boss, OR a desperate - "I ain't going back" attitude toward law enforcement? No thanks.
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related links Posted by 425944 on June 10, 2008 at 9:45 p.m.
in response to 246926
oh lord your funny. But I personally would not want to punish MYSELF that way. When the AC is turned off, the whole family will SUFFER! LOL : )
But you have a good point, because my 13 year old will prance out of his room on occasion to tell me he is HOT. And then he asks me to turn down the thermostat.
I will keep your idea in mind though if I should ever need it in the future.
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related links Posted by 425944 on June 10, 2008 at 9:49 p.m.
in response to 427774
I really enjoyed your post and really am glad to know you also have a sense of humor! lol
"book sized?" lol! that was funny.
(but it WAS a good book!) lol
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related links Posted by 425944 on June 10, 2008 at 10:01 p.m.
in response to 420894
Sometimes such a small sentence as yours was can CRACK ME UP! LOL.
I wasn't expecting the "book size" comment. Caught me off guard and made my evening complete. Thanks.
But 774 does make a lot of sense if you have read any of their previous posts. So many different kids with so many different problems. We cannot just put them all in a box. There are different circumstances every single time.
My brother hit my Dad one time when he was a teen. They scuffled on the floor pulling each others hair out.
I wasn't there to see it. But it scared me when I heard about it.
But long story short, my Dad did believe in corporal punishment and he was a hands on Dad and he made sure his kids flew right or suffered consequences. My brother went on to be in the Marines, and that turned him into a MAN, who turned out to be the greatest husband, father, & DPS officer and now a proud Texas Ranger.
So sometimes things can turn out good in the long run.
But me personally, well.....I would never strike my parents, or cuss at them or treat them with disrespect. I honor my parents.
I guess my point is, not all kids are bad, they just do bad things sometimes, and if they correct it and fall in line and do the right thing in the long run with tough punishment and consequences for their actions, maybe, just maybe, everything will turn out just fine.
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related links Posted by 238212 on June 10, 2008 at 10:53 p.m.
Sterilize and give him a labotomy then send him to Iraq as a mine detector.
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related links Posted by 303526 on June 10, 2008 at 11:20 p.m.
That Sweetie better not roll her eyes at me!!! I will open a can of whip a$$ on her.
HEHEHEHEHE!!!!!
The kid goes to boot camp immediately!!!
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related links Posted by 378784 on June 11, 2008 at 1:22 a.m.
in response to 461293
Have you ever been inside boot camp in Nueces County? I did counseling in there, and trust me, it is not a place where they go to get "fit."
I am not a Drill Instructor, so it took me some time to get over the emotional toll it took on me. I was just there to do groups and indivdual counseling.
It is loud, kids are crying, the DI's are giving their orders, the kids have to do all kinds of things for breaking the rules. The girls have to have their hair cut short when they enter boot camp. Boot camp is designed to break the child down and build them back up...hopefully with better coping skills, respect, education, self esteem, amongst other things.
I had clients tell me that boot camp was soemthing that they needed to help them get their life back. I also had some clients tell me that they did not plan on changing, and they wanted to go to prison like everyone else in their family.
I had too many kids tell me about being raped, watching their father (or mother) kill the other, using drugs to escape, having no family, and other stories. Those kids have lived through things that no one should have to go through.
Some of those kids will change and some will not. Boot camp is also not for everyone. It can make the person's situation worse.
I just pray that they take the positive from the experience and change their lives for the better. Some of our clients did become success stories after leaving boot camp.
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related links Posted by 712710 on June 11, 2008 at 8:03 a.m.
in response to 262348
I applaud you for taking a responsible parent stand. I raise my child the same exact manner you raise your child. If she acts up in that manner while in my home or in public- she too gets a slap in the face and with much more consequences. I don't care if anyone reports me too. As far as I am concerned- cps can take her and raise her their way or I can continue to raise a child who will listen to me and do right or theres heck to pay. I rather raise her with an iron hand than give in to any nonsense behavior today than have her act this way later and have someone kill her over her throwing a temper fit.
In my home, I rule. My rules are simple- obey me and do right by me. In school, she obeys and does wonderful in all subjects. When she becomes an adult- these lessons I've taught her will keep her alive and well.
By the way, shes 13 years old and keeps a clean bedroom and gets an allowance when she clearly does right by me. With her money she saves it for electronic gadgets and other things she wants. Tough love is TOUGH LOVE- Rule with home laws and rule with love. They will appreciate it later in life. I know I did.
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related links Posted by 699932 on June 11, 2008 at 8:33 a.m.
Funny story now but was not funny then.
I was about 11 years old and that particular day I yelled at mother for serving the same food she had served us the day before. Well, all I remember is running out of the house and thinking I got away with it! Yay! That'll teach her to serve me the same food AGAIN!
Not a moment later, I climbed the tree in front yard. I have always climbed that same tree for years and well, when I jumped off the tree the back of my short ( elastic waist) got caught in a large tree branch- this gave me an instant wedgy & was extremely painful and I yelled for help! My mother was the only one who heard me because all my brothers and sisters were out riding their bikes. I yelled and yelled for help. My mother finally opened the door and said " be glad that tree caught you instead of me". I hung there and hung there for a long time, at this point my short was cutting into my skin. It seemed like an hour but I know it was more like 15 minutes or so- The waist part of the short finally gaveway. I fell to the ground and realized I had done wrong prior to the tree climbing. I changed my ways then. I appreciate all my mother did for me when I was growing up. I had a huge bruse on my thighs for weeks!
I can laugh about it now though!
Moral of story- elastic shorts and yelling at mother does have its consequences.
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related links Posted by 699260 on June 11, 2008 at 10:56 a.m.
in response to 425944
LOL! When my stepson (who is also 13) complains about being hot (we keep the A/C between 75 - 78 depending on the time of day) I send him outside for about 20 minutes...he hardly complains about being hot inside the house anymore...
Sweetie ;-p
Reply to this Post | Suggest removal
related links Posted by 705049 on June 11, 2008 at 12:50 p.m.
in response to 287001
KO'd? Did I say it was going to be hand to hand combat? He'd be on the ground before he got within 5ft of my person, little bro.
Reply to this Post | Suggest removal
related links Posted by 712812 on June 11, 2008 at 1:41 p.m.
in response to 233256
totally agree
Reply to this Post | Suggest removal
related links Posted by 245928 on June 11, 2008 at 5:03 p.m.
While volunteering for a few days at youth facility by Crosstown, one could not miss the "tight ship" security, including tv's showing what was going on in various rooms. A tuffie had crossed some line and was being subdued by adult(s) through wrestling holds until he quit wiggling. I guess if people have free time, they could apply to volunteer; donations of specific items would probably be gratefully appreciated.
Reply to this Post | Suggest removal
related links Posted by 709587 on June 11, 2008 at 5:25 p.m.
What happened to those old fashion asss woopensss......!!!!!thats the problem now a days.............kids do what they want , and parents allow it, but look at times , kids haveing kids....
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Showing posts with label Corpus Christi. Show all posts
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Page 1
Clear Creek Independent School District
STUDENT CODE OF CONDUCT
I.
PURPOSE
The Student Code of Conduct is the district’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 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 a disciplinary alternative education program (DAEP), or expulsion from school.
This Student Code of Conduct has been adopted by the CCISD Board of Trustees and developed with
the advice of the district-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. 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 the district’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:
•
Consciously participating in class and being supportive of an effective learning and teaching.
•
Demonstrating courtesy and respect for others.
•
Attending all classes regularly and on time.
•
Preparing for each class; taking appropriate materials and assignments to class.
•
Being well groomed and dressing appropriately as defined by District and/or campus dress
code.
•
Obeying all campus and classroom rules.
•
Respecting the rights and privileges of other students, District staff, and other adults on
campus or at school-related activities, on or off campus.
•
Respecting the property of others, including District property and facilities.
•
Cooperating with or assisting the school staff in maintaining safety, order, and discipline.
•
Paying required fees and fines unless waived.
•
Adhering to the Student Code of Conduct.
III. GENERAL PRINCIPLES AND GUIDELINES
A. Supplemental Rules
The District 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.
Page 2
CCISD Student Code of Conduct
Revised April 2006
Page 2 of 17
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 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. 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.
D. Video/Audio Monitoring
In accordance with CCISD 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.
E. 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 will be correlated to the
seriousness of the offense, the student’s age and grade level, the frequency of misconduct, the
student’s attitude, the effect of the misconduct on the school environment, whether the student
acted in self-defense, intent or lack of intent at the time the student engaged in the conduct, a
student’s disciplinary history, or a disability that substantially impairs the student’s capacity to
appreciate the wrongfulness of the student’s conduct. Because of these factors, discipline for a
particular offense (unless otherwise specified by law) may bring into consideration varying
techniques and responses.
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, but the principal or principal’s designee shall
notify the parents as soon as feasible using the Disciplinary Referral Form.
IV.
GENERAL MISCONDUCT VIOLATIONS
A. Behaviors
Students are prohibited from:
1. Leaving school grounds or school-sponsored events without permission of the appropriate
school official.
Page 3
CCISD Student Code of Conduct
Revised April 2006
Page 3 of 17
2. Disobeying school rules related to conduct on school buses.
3. Failing to comply with lawful directives given by school personnel thus the failure results in
insubordination.
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 paging devices or cellular phones.
13. Loitering in the parking lot or school grounds.
14. Engaging in bullying, harassment, or making hit lists.
B. Consequences
The following discipline management techniques may be used alone or in combination for Student
Code of Conduct General Misconduct Violations and non-Student Code of Conduct violations:
1. Verbal correction.
2. Cooling-off time or time-out. 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 for academic dishonesty, copying, allowing others to copy work, and/or
plagiarism.
10. Community service with parental approval.
11. Rewards or demerits.
12. Behavioral contracts.
13. Office or other assigned area referral.
14. Detention (either during the student school day or outside the student school day).
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 bus privileges.
18. Techniques or penalties identified in individual student organizations codes of conduct.
19. School-assessed and school-administered probation.
20. Referral to outside agency and/or legal authority for criminal prosecution in addition to
disciplinary measures imposed by the District.
21. Other strategies and consequences as specified by the Student Code of Conduct.
C. Appeal
Parental questions or complaints regarding disciplinary measures taken should be addressed to
the teacher or campus administration, as appropriate.
General Guidelines are:
Page 4
CCISD Student Code of Conduct
Revised April 2006
Page 4 of 17
Offenses resulting in detention, In-School Suspension, and suspension from school may be
appealed to the campus principal within 2 working days of the recommended disciplinary action.
The decision of the principal is final and may not be appealed. Non Juvenile Justice Disciplinary
Alternative Educational Placement (e.g., Disciplinary AEP) may be appealed to the appropriate
assistant superintendent. The decision of the assistant superintendent is final and may not be
appealed.
Offenses resulting in recommendations for expulsion and Juvenile Justice AEP may be appealed to
the campus principal or principal’s designee, the Superintendent of Schools or Superintendent’s
designee, the School Board or School Board’s designee, and finally a district court. (See Appeal
Procedures for AEP & Expulsions in Index.)
V.
STUDENT REMOVAL FROM CLASS BY TEACHERS
A. Discretionary Removal by the Teacher
Violation of classroom rules or general misconduct 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.
If the student is referred to the principal or the principal’s designee for disciplinary action, the
principal or the principal’s designee will make the decision on 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 the Teacher
Formal removal may 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 the behavior is so
unruly, disruptive, or abusive that the teacher cannot teach.
A teacher must remove a student from class and refer him/her to the principal or principal’s
designee for an offense for which a student may be suspended and/or placed in a disciplinary AEP.
A teacher must also remove a student from class for an expellable offense.
C. Procedure for Removal
1. If the violation results in removal, the principal or principal’s designee will schedule a
conference within three (3) school days with the student’s parent, the teacher, and the
student.
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.
3. After the conference, the principal or principal’s designee will notify the student and parents of
the consequences of the Student Code of Conduct violation.
4. When a student is removed from the regular classroom and a conference with parents or a
hearing is pending, the principal or principal’s designee may place a student in:
(a) Another appropriate classroom.
(b) In-School Suspension.
(c) A disciplinary AEP in which the student must be separated from other students for the
entire school program day and will be provided instruction in the core subjects.
Counseling will also be provided to the student.
(d) Suspension for a maximum of three (3) days provided the behavior could result in
placement in a disciplinary AEP.
5. When a student has been 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 except if
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the teacher removed the student from class because the student engaged in assault,
aggravated assault, sexual assault, aggravated sexual assault, or assault against a school
district employee or volunteer, the student may not be returned to the teacher’s class without
the teacher’s consent.
VI. REMOVAL FROM THE REGULAR EDUCATIONAL SETTING
A. In-School Suspension (ISS)
1. Behaviors Resulting in ISS
Disciplinary action resulting in ISS placement will be correlated to the seriousness of the
offense, the student’s age and grade level, the frequency of misconduct, the student’s
attitude, the effect of the misconduct on the school environment, whether the student acted in
self-defense, intent or lack of intent at the time the student engaged in the conduct, a
student’s disciplinary history, or a disability that substantially impairs the student’s capacity to
appreciate the wrongfulness of the student’s conduct. A student may be assigned to ISS if the
student commits any of the following offenses on school property, or while attending a school-
sponsored or school-related activity on or off school property.
(a) Academic dishonesty or copying the work of another, or allowing others to copy work. In
addition, academic
dishonesty or copying will result in a grade of zero (0).
(b) Displaying inappropriate pictures, photos, or drawings.
(c) Using profanity, vulgar language, or inappropriate obscene gestures, pictures, photos, or
drawings.
(d) Physically aggressive behavior such as, but not limited to, pushing, scuffling, or fighting
which is not defined as assault. Fighting may also result in charges being filed. (The
offense of assault is addressed later in the Student Code of Conduct.)
(e) Stealing from students, staff, or the school.
(f) Damaging or vandalizing property owned by others. (Also may be required to make
restitution.) Depending upon the seriousness of the damage, the student may be expelled.
(g) Possession of fireworks, matches, stun guns, or shocking devices (pens, lighters, etc.)
(h) Hazing as defined by Board Policy FNCC (LEGAL) and the Education Code, Section 37.151
(i) Name-calling, ethnic or racial slurs, or derogatory statements that school officials have
reason to believe will substantially disrupt the school program or incite violence.
(j) Insubordination.
(k) Aggressive, disruptive action or group demonstration that school officials believe does or
may substantially disrupt or materially interfere with the school program, school activities,
or incites violence. (This may also result in a citation.)
(l) Falsification of records, passes, or other school-related documents including, but not
limited to, computer hacking, theft of, or misuse of software.
(m)Smoking, use of, or possession of tobacco products.
(n) Possession of chemical stink/smoke bombs or any other pyrotechnic device.
(o) Repeated general misconduct violations. (The District defines “repeated” to be 2 or more
infractions of the general misconduct violations. These may be different violations or
repeated violations of the same offense.)
(p) Gambling on school property.
(a) Truancy.
(b) Written or verbal offensive or threatening remarks.
(c) Bullying, harassment, or making hit lists
(d) Violating computer use policies, rules, or agreements signed by the student and/or
agreements signed by the student’s parent.
(e) Using the Internet or other electronic communications to threaten students or employees
or cause disruption to the educational program.
(f) Sending or posting electronic messages that are abusive, obscene, sexually oriented,
threatening, harassing, damaging to another’s reputation, or illegal.
(g) Using email or Web sites at school to encourage illegal behavior or threaten school safety.
2. Procedures for Assigning Students to ISS
Below are procedures for assigning students to ISS:
(a) Inform student of accusations and provide an opportunity for student to present his/her
side.
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(b) Investigate as necessary.
(c) Decide upon the innocence or guilt of the student.
(d) If guilty, decide on the number of days to be assigned to ISS and inform student verbally
and in writing.
(e) Written notice sent home to parent with student.
(f) Telephone call to parent.
(g) Student’s counselor notified.
(h) Student’s teachers are notified so that the lessons may be provided to ISS.
(i) Student brings all books to ISS.
(j) Upon finishing (completing) ISS, student receives completion form from ISS teachers or
person responsible for ISS. Student meets with principal or assistant principal. Principal
or assistant principal conferences with student who signs completion form. Student shows
each teacher his completion form as he/she returns to each class.
3. Length of Assignment to ISS
The minimum length of assignment to ISS shall be one day and the maximum ten days per
offense, unless the student commits a violation of the ISS rules or the Student Code of
Conduct while assigned to ISS. This could result in the assignment of additional days to a
maximum of ten days, suspension from school, or assignment to a disciplinary alternative
education program, depending upon the seriousness of the offense.
4. Sanctions
A student who has been assigned to ISS may not participate in nor attend school-sponsored or
school-related extracurricular or co-curricular activities during the period of assignment.
5. Continuation of Coursework
If a student is removed from the regular classroom and placed in in-school suspension or
another setting other than a disciplinary alternative education program, the District shall offer
the student the opportunity to complete, before the beginning of the next school year, each
course in which the student was enrolled at the time of the removal. Such an opportunity may
be provided by any method available, including a correspondence course, distance learning, or
summer school.
B. Suspension From School
Disciplinary action resulting in suspension from school will be correlated to the seriousness of the
offense, the student’s age and grade level, the frequency of misconduct, the student’s attitude,
the effect of the misconduct on the school environment, whether the student acted in self-
defense, intent or lack of intent at the time the student engaged in the conduct, a student’s
disciplinary history, or a disability that substantially impairs the student’s capacity to appreciate
the wrongfulness of the student’s conduct.
1. Behaviors Resulting in Suspension From School
Students may be suspended from school for conduct for which they may be placed in a
disciplinary AEP or ISS Program, and pending removal from a disciplinary AEP or expulsion.
(See behaviors resulting in discretionary disciplinary AEP assignment, below.).
2. Length of Suspension From School
State law allows a student to be suspended for up to three (3) school days per offense, with
no limit on the number of times a student may be suspended in a semester or school year.
The principal or principal’s designee shall set the length of the suspension from school. When
a student is suspended, the student is expected to be under the supervision of the parent,
guardian or other responsible adult.
3. Procedures for Suspension From School
A student who is to be suspended shall be entitled to participate in an informal conference
during which the principal or principal’s designee will advise the student of the conduct with
which he or she is charged and will give the student the opportunity to explain his or her
version of the incident. If the principal or principal’s designee believes the student has
engaged in prohibited conduct, the student will be suspended from school. The duration of a
student’s suspension, which cannot exceed three (3) school days, will be determined by the
principal or principal’s designee. Parents will be notified in writing.
4. Sanctions
A student who has been suspended may not participate in or attend school-sponsored or
school-related extracurricular and co-curricular activities during the period of suspension.
5. Absence from School
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Suspension from school is considered an excused absence. Students are to request makeup
work when they return to school and will receive full credit for work missed if the work is
made up in accordance with campus and classroom rules.
C. Alternative Education Program (Non-Juvenile Justice)
Disciplinary action resulting in placement in disciplinary AEP (DAEP) will be correlated to the
seriousness of the offense, the student’s age and grade level, the frequency of misconduct, the
student’s attitude, the effect of the misconduct on the school environment, whether the student
acted in self-defense, intent or lack of intent at the time the student engaged in the conduct, a
student’s disciplinary history, or a disability that substantially impairs the student’s capacity to
appreciate the wrongfulness of the student’s conduct.
1. Behaviors Resulting in Discretionary Disciplinary AEP Assignment
A student may be placed in a disciplinary AEP if the student commits any of the following
offenses on school property or while attending a school-sponsored or school-related activity on
or off school property. The principal may place students in a disciplinary AEP for any of the
behaviors listed below:
(a) Throwing objects that can cause bodily injury or property damage.
(b) Committing extortion, coercion, or blackmail (obtaining money or another object of value
from an unwilling person), or forcing an individual to act through the use of force or threat
of force.
(c) Committing or assisting in a robbery or theft that 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).
(d) Engaging in sexual contact.
(e) 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, and the dissemination of sexually oriented materials.
(f) Possessing or selling look-alike drugs or weapons or items attempted to be passed off as
drugs or weapons or contraband.
(g) 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.
(h) Having or taking prescription drugs or over-the-counter drugs at school other than as
provided by district policy.
(i) Possessing drug paraphernalia.
(j) Repeated misbehavior if a student, after being placed in ISS, continues to violate the
Student Code of Conduct. (The District defines “repeated” to be 2 or more violations of
the Student Code of Conduct in general or repeated occurrences of the same violations.)
(k) Engaging in conduct that constitutes criminal mischief that is not punishable as a felony.
(l) Possessing or distributing pornographic materials.
(m)Kidnapping which is not aggravated kidnapping (for aggravated kidnapping, see
Expulsions).
(n) Being involved in gang activity, including participating as a member or pledge, or soliciting
another person to become a pledge or member of a gang: A gang is defined as “any group
of two (2) or more persons whose purposes include the commission of illegal acts.”
No student on or about school property or at any school activity shall wear, possess, use,
distribute, display or sell any clothing, jewelry, emblem, badge, symbol, sign or other
things which are evidence of membership or affiliation in any gang; shall commit any act
or omission in furtherance of the interests of any gang or gang activity, including but not
limited to, soliciting others for membership in any gangs; requesting any person to pay
protection or otherwise intimidating or threatening any person; inciting other students to
set with physical violence upon any other person.
(o) Being involved 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.
(p) Possessing of any razor or knife with a blade length of less than 2 ½ inches..
(q) Lighting or possession of fireworks or other objects.
(r) Repeated violations of possession, smoking, or use of tobacco. (“Repeated” meaning
multiple violations).
(s) Physically aggressive behavior such as, but not limited to, pushing, scuffling, or fighting
which is not defined as assault.
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(t) The use of chemical stink/smoke bombs, or any other pyrotechnic device.
(u) Possessing ammunition
(v) Student’s presence on campus may temporarily be deemed a threat to the safety of the
student body or campus in general.
(w) Off-campus conduct for which removal would have been required but of which the
principal or other appropriate administrator does not have knowledge before the first
anniversary of the date the conduct occurred.
(x) The student:
i. has received deferred prosecution under section 53.03, Family Code, for conduct
defined as a felony offense in Title 5, Penal Code; or
ii. has been found by a court or jury to have engaged in delinquent conduct under
section 54.03, Family Code, for conduct defined as a felony offense in Title 5, Penal
Code; and
iii. the Board or the Board’s designee has determined that the student’s presence in the
regular classroom:
(a) threatens the safety of other students or teachers;
(b) will be detrimental to the educational process; or
(c) is not in the best interests of the District’s students. Any decision of the Board or
the Board’s designee under this subsection is final and may not be appealed. In
addition, the Board or its designee may order placement in accordance with this
provision regardless of:
i. the date on which the student’s conduct occurred;
ii the location at which the conduct occurred;
iii. whether the conduct occurred while the student was enrolled in the District; or
iv. whether the student has successfully completed any court disposition
requirements imposed in connection with the conduct. Furthermore, the
Board may, under state law, order placement for such a student for any period
considered necessary by the Board or the Board’s designee (i.e., the one-year
maximum placement does not apply). However, a student placed in a
disciplinary AEP for this reason will be accorded the periodic reviews applicable
to all disciplinary AEP placements.
(y) Bullying, harassment, or making hit lists.
Furthermore, the Board may, under state law, order placement for any period considered
necessary by the Board or the Board’s designee (i.e., the one-year maximum placement does
not apply). However, a student placed in a disciplinary AEP for this reason will be accorded the
periodic reviews applicable to all disciplinary AEP placements.
2. A student may be removed from class and placed in a disciplinary AEP based on conduct
occurring off campus and while the student is not in attendance at a school-sponsored or
school-related activity if the Superintendent or the Superintendent's designee has a
reasonable belief that the student has engaged in conduct defined as a felony offense other
than those defined in Title 5, Penal Code; and the continued presence of the student in the
regular classroom threatens the safety of the other students or teachers or will be detrimental
to the educational process.
3. Behaviors Resulting in Mandatory Disciplinary AEP Assignment
†
(a) A student shall be removed from class and placed in a disciplinary AEP if the student
engages in conduct involving a public school that contains the elements of the offense of
false alarm or report under Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code.
(b) A student shall be removed from class and placed in a disciplinary AEP if the student
commits the following on 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 of school property.
(1) Engages in conduct punishable as a felony.
(2) Engages in conduct that contains the elements of assault under section 22.01(a) (1) of
the Penal Code (i.e., intentionally, knowingly, or recklessly causing bodily injury to
another).
(3) Sells, gives, or delivers to another person or possesses, uses, or is under the influence
of:
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(i) Marijuana or a controlled substance, as defined by Chapter 481 of the Health and
Safety Code or by 21 USC Section 801 et seq. in an amount not punishable as a
felony offense.
(ii) A dangerous drug, as defined by Chapter 483, Health and Safety Code, in an
amount not punishable as a felony offense.
(4) 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 an alcoholic beverage, if the conduct is not punishable as a felony.
(5) Engages in conduct that contains the elements of an offense relating to an abusable
volatile chemical, under Sections 485.031 through 485.034, Health and Safety Code.
(6) Engages in conduct that contains the elements of the offense of public lewdness under
Section 21.07, Penal Code, or indecent exposure under Section 21.08, Penal Code.
(7) Possession of any razor or knife with a blade length of 2-1/2 to 5-1/2 inches.
(8) Engages in conduct that contains the elements of the offense of graffiti under Section
28.08, Penal Code, if the conduct involves a marking made on a school or to school
property.
†
Removal to a disciplinary AEP is not required if the student is expelled for the same
conduct for which removal would be required.
(c) A student shall be removed from class and placed in a disciplinary AEP as provided by
Section 37.008 based on conduct occurring off-campus and while the student is not in
attendance at a school-sponsored or school-related activity if:
•
The student receives deferred prosecution (voluntary contract) under Section 53.03 of
the Family Code for conduct defined as a felony offense in Title 5 of the Penal Code.
•
A court or jury finds that the student has engaged in delinquent conduct under Section
54.03 of the Penal Code for conduct defined as a felony offense in Title 5 of the Penal
Code; or
•
The Superintendent or Superintendent’s designee has a reasonable belief that the
student has engaged in conduct defined as a felony offense in Title 5 of the Penal
Code. Title 5 offenses are defined as crimes against a person.
(d) A student shall be removed from class and placed in a disciplinary AEP if the student
engages in conduct that contains the elements of the offense of retaliation against any
school employee, regardless of where the conduct occurs, unless such conduct is defined
as an expellable offense. (Note: Certain retaliatory conduct constitutes an expellable
offense, as explained in the Expulsion section of this Student Code of Conduct.)
4. Length of Assignment to a Disciplinary AEP
The period of placement in a disciplinary AEP may not exceed one year unless, after a review,
the District determines that the student is a threat to the safety of other students or to District
employees, or extended placement is in the best interest of the student.
(a) Students-Age Six Through Grade Five:
The length of the assignment to a disciplinary AEP for a student age six through grade five
will be determined by the principal based upon the seriousness of the offense, the
disciplinary record of the student, the student’s age, the student’s attitude whether the
student acted in self-defense, and the impact of the offense on the school environment.
Below are the guidelines for length of assignment:
Description
Length of Assignment
Minimal
10 days
Normal
30 days
Maximum
Remainder of the semester*
*Unless the offense occurs in the last six weeks of a semester, in which case the student
may be assigned to disciplinary AEP until the end of the following semester.
(b) Students in Grades Six through Twelve:
Assignments to a disciplinary AEP will vary depending upon the seriousness of the offense,
the disciplinary record of the student, and/or the age of the student, the attitude of the
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student, whether the student acted in self-defense, and the impact of the offense on the
school environment. The principal, in making the assignment, shall specify the length of
the assignment. Below are the guidelines for length of an assignment:
Description
Length of Assignment
Minimal
30 days
Normal
60 days
Maximum
Remainder of the year
5. Procedures for Removal to a Disciplinary AEP
The Board delegates to the principal the authority to remove a student to a disciplinary AEP.
The duration of a student’s placement in a disciplinary AEP will be determined by the principal
as outlined above in this Code.
Within three (3) school days of receiving the Disciplinary Referral Form, the assistant principal
will schedule a conference with the student’s parent, teacher, and the student. Until a hearing
can be held, the assistant principal may place a student in:
(a) Another appropriate classroom;
(b) In-School Suspension; and/or
(c) Suspension for a maximum of three (3) days.
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.
If, after conducting the conference, the assistant principal believes that the student has
engaged in conduct for which placement in a disciplinary AEP is an appropriate disciplinary
sanction, the assistant principal shall inform the student and the student’s parent(s) and issue
the order to place the student in a disciplinary AEP in accordance with the Student Code of
Conduct. A copy of the order shall be forwarded to the student and parent(s). If the period of
placement is inconsistent with the guidelines set forth above, the order must give notice of the
inconsistency. The decision of the assistant principal may be appealed to the principal by
submitting a written letter of appeal to the principal within two (2) working days of receipt of
the order of removal. The student shall report to the disciplinary AEP as scheduled while the
appeals process is conducted. The decision of the principal may be appealed to the
appropriate Assistant Superintendent by submitting a written letter of appeal to the assistant
superintendent within two (2) days of receipt of the order of removal. The decision of the
assistant superintendent is final and may not be appealed (see CCISD District Policy FOC
[Local])
Before a student may be placed in a disciplinary AEP for a period of time that extends beyond
the end of the school year in which the placement commences, the principal must determine
that:
(a) The student’s presence in the regular classroom or campus presents a danger of physical
harm to the students or others; or,
(b) The student has engaged in serious or persistent misbehavior that violates the Student
Code of Conduct.
If a student’s placement in the disciplinary AEP is scheduled to extend beyond the end of the
next grading period, the student’s parent(s)/guardian(s) shall receive notice of an opportunity
to participate in a proceeding before the appropriate assistant superintendent or assistant
superintendent designee as provided for under Board Policy FOC (Local), which may be found
in the Board Policy book located in each campus’ library and principal’s office, or on the
District web site. The assistant superintendent’s decision is final and may not be appealed.
6. Review of Placement
If a student’s placement in a disciplinary alternative education program is to extend beyond 60
days or the end of the next grading period, whichever is earlier, a student’s parent or guardian
is entitled to notice of and an opportunity to participate in a proceeding before the board of
trustees of the school district or the board’s designee, as provided by policy of the board of
trustees of the district. Any decision of the board or the board’s designee under this subsection
is final and may not be appealed.
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A student placed in a disciplinary AEP will be provided a review of the student’s status by the
principal or principal’s designee at intervals not to exceed 120 days. At the review, the
students or the student’s parent(s)/guardian(s) 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 the teacher who removed the student without the removing
teacher’s consent, unless the Placement Review Committee determines that the removing
teacher’s class is the best or only alternative available.
If the student is a high school student, the Board’s designee and the student’s
parent(s)/guardian(s) must review the student’s progress toward meeting graduation
requirements and must establish a graduation plan for the student at the 120-day placement
review(s).
7. Restriction on Participation in Certain Activities/Services
A student placed in a disciplinary AEP may not participate in or attend any school-sponsored or
school-related extracurricular or co-curricular activities during the period of his/her placement.
A student in the disciplinary AEP will not be provided transportation unless he/she is identified
as a student with a disability who receives transportation pursuant to an individual education
plan as a designated related service.
8. Consideration of Criminal Charges/Prosecution
In determining whether there is a reasonable belief that a student has engaged in conduct
defined as a felony offense, the Superintendent or Superintendent’s designee may consider all
available information, including information furnished under Article 15.27 of the Code of
Criminal Procedure.
On receipt of notice from a prosecuting attorney or juvenile court pursuant to Article 15.27(g)
of the Code of Criminal Procedure advising that a student has been found not guilty or that
prosecution of the student’s case was refused for lack of prosecutorial merit or insufficient
evidence, the Superintendent or Superintendent’s designee shall review the student’s
placement in the disciplinary AEP. The student may not be returned to the regular class
pending review. The Superintendent or Superintendent’s designee shall schedule a review of
the student’s disciplinary AEP placement with the student’s parent/guardian not later than the
third class day after receiving notice pursuant to Article 15.27(g) of the Code of Criminal
Procedure.
After reviewing the notice and receiving information from the student’s parent/guardian, the
Superintendent or Superintendent’s designee may continue the student’s placement if there is
reason to believe the presence of the student in the regular classroom threatens the safety of
other students or teachers.
The student or student’s parent/guardian may appeal the Superintendent’s decision to
continue a student’s disciplinary AEP placement to the Board. The student may not be
returned to the regular classroom pending the Board appeal.
At the next regularly scheduled meeting, the Board shall review the notice from the
prosecuting attorney or juvenile court that the prosecutor has dismissed the charges or that
the student has been found not guilty. The Board shall also receive information from the
student, the student’s parent/guardian, and the Superintendent or Superintendent’s designee.
The Board may affirm or reverse the decision made by the Superintendent or Superintendent’s
designee concerning the student’s continued placement.
The Board shall make record of the proceedings. If the Board affirms the decision of the
Superintendent or Superintendent’s designee, the Board shall inform the student and the
student’s parent/guardian of the right to appeal to the Commissioner of Education. The
student may not be returned to the regular classroom pending an appeal to the Commissioner.
9.
Additional Misconduct
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If, during the term of placement, a student engages in additional conduct for which placement
in a disciplinary AEP or expulsion is required or permitted, additional proceedings may be
conducted regarding that conduct and the principal or Board, as appropriate, may enter an
additional order as a result of those proceedings.
10. Continuation of Placement
If a student enrolling in CCISD has been placed in a disciplinary AEP by another Texas school
district, a Texas open-enrollment charter school, or an out-of-state school district, CCISD may
continue the placement if the prior school provides CCISD with a copy of the placement order,
and in the case of an out-of state school district, that district placed the student in a
disciplinary AEP for reasons that would also be reasons for such placement in CCISD. If an
out-of-state District ordered placement for a period that exceeds one year, CCISD shall reduce
the period of placement so that the aggregate period of removal does not exceed one year
unless, after a review, the District determines that the student is a threat to the safety of
other students or to District employees or extended placement is in the best interest of the
student.
11. Continuation of Course Work
The District is required to provide in its disciplinary AEP courses necessary to fulfill a student’s
high school graduation requirements. The District shall offer a student removed to a
disciplinary alternative education program an opportunity to complete coursework necessary
to fulfill the student’s graduation requirements through any method available, including a
correspondence course, distance learning, or summer school, free of charge.
Students enrolled in AA, Pre-AP or AP courses will be serviced at the regular level while
assigned to Clear Path Alternative School. Upon return to their home campus, students will
have a choice of remaining in the AA, Pre-AP or AP classes or be placed in a regular level
instruction class. (see Regulation FOC)
Students enrolled in elective courses will have those courses serviced through work assigned
from their home campus teacher while enrolled in Clear Path Alternative School. The home
campus teacher will be responsible for packaging assignments, projects, exams, etc., for a
student assigned to CPAS and send it to CPAS. Staff at CPAS will monitor the work, projects,
exam, etc., and return the work product to the home campus for their evaluation and
assignment of grade. (see Regulation FOC)
12. Notice to Educators
A principal shall inform each educator who has responsibility for or is under the direction and
supervision of an educator who has responsibility for, the instruction of a student who has
engaged in any violation listed in Texas Education Code 37.006 of the student’s misconduct.
Each educator shall keep this information confidential.
* Note: Removal to a disciplinary AEP is not required if the student is expelled for the same
conduct for which removal would be required.
D. Expulsion from School
Disciplinary action resulting in expulsion from school with the exception of mandatory expulsion
offenses, will be correlated to the seriousness of the offense, the student’s age and grade level,
the frequency of misconduct, the student’s attitude, the effect of the misconduct on the school
environment, whether the student acted in self-defense, intent or lack of intent at the time the
student engaged in the conduct, a student’s disciplinary history, or a disability that substantially
impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.
1. Discretionary Expulsion
(a) A student may be expelled if the student engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under Section 42.06, Penal
Code, or terroristic threat under Section 22.07, Penal Code.
(b) A student may be expelled if the student while on 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:
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(1) Sells, gives, or delivers to another person or possesses, uses, or is under the
influence of:
i.
Any amount of marijuana, or a controlled substance as defined by Chapter
481, Health and Safety Code, or by 21 USC Section 801etseq .
ii.
Any amount of a dangerous drug, as defined by Chapter 483, Health and
Safety Code, or by 21 USC Section 801etseq, in an amount not punishable as
a felony offense.
iii.
Any amount of an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code.
(2) Engages in conduct that contains the elements of an offense relating to an
abusable volatile chemical under Sections 485.031 through 485.034, Health and
Safety Code;
(3) Engages in conduct that contains the elements of an offense under Section 22.01
(a) (1). Penal Code against a school district employee or volunteer as defined by
Section 22.053, Education Code;
(4) Engages in conduct that contains the elements of an offense of deadly conduct
under Section 22.05. Penal Code.
(c) A student may be expelled if subject to Section 37.007(d) of the Education Code, while
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 the student engages in conduct specified in Section 2(a)-(c)(under
“Mandatory Expulsion,” below,) or possesses a firearm, as defined by 18 U.S.C. § 921.
(d) A student may be expelled if the student engages in conduct that contains the elements of
assault under Section 22.01(a)(1), Penal Code, against a school district employee or a
volunteer, regardless of whether the conduct occurs on or off of school property or while
attending a school-sponsored or school-related activity on or off of school property. A
volunteer is defined as a person who provides services to the school district without
compensation, either on the premises of the district or at a school-sponsored or school-
related activity, on or off school property.
(e) A student may be expelled if the student, while placed in an AEP for disciplinary reasons,
continues to engage in serious or persistent misbehavior that violates the district's Student
Code of Conduct. The District defines “persistent” to be two (2) or more violations of the
Student Code of Conduct in general or repeated occurrences of the same violation.
Serious offenses include, but are not limited to, the following:
(1) Vandalism
(2) Robbery or theft
(3) Extortion, coercion, or blackmail
(4) Aggressive, disruptive action or group demonstration that substantially disrupts or
materially interferes with school activities
(5) Hazing
(6) Insubordination
(7) Profanity, vulgar language, or obscene gestures directed toward teachers or other
school employees
(8) Fighting, committing physical abuse, or threatening physical abuse
(9) Possession or distribution of pornographic materials
(10)
Leaving school grounds without permission
(11)
Making or assisting in making threats, including threats against individuals and
bomb threats
(12)
Sexual harassment of a student or District employee
(13)
Possession of or conspiring to possess any explosive or explosive device
(14)
Falsification of records, passes, or other school-related documents, including
electronic documents
(15)
Refusal to accept discipline management techniques proposed by the teacher
or principal
(16)
Gang-related activity
(17)
Engaging in conduct that is punishable as criminal mischief, if felony offense
(18)
Repeated truancy
(19)
Single event of truancy if student commits a misdemeanor or felony offense
while truant
(20)
Inhalant infractions
(21)
Possession of any knife or prohibited weapon
Page 14
CCISD Student Code of Conduct
Revised April 2006
Page 14 of 17
(22)
Possession, use, or distribution of alcohol, marijuana, or any controlled
substance
(23)
Other situation that because of circumstances is deemed serious by the
administrator.
(f) A student who engages in conduct that contains the elements of the offense of criminal
mischief under Section 28.03, Penal Code, may be expelled at the district's discretion if
the conduct is punishable as a felony. The student shall be referred to the authorized
officer of the juvenile court regardless of whether the student is expelled.
(g) A student may be expelled if the student engages in conduct against another student that
contains the elements of aggravated assault, sexual assault, aggravated sexual assault,
murder, capital murder, or criminal attempt to commit murder or capital murder, or
aggravated robbery, without regard to whether the conduct occurs on or off school
property or while attending a school-sponsored or school related activity on or off of
school property.
(h) A CCISD student who engages in conduct for which expulsion is required (see below) may
be expelled from CCISD if the student engages in such conduct on school property of
another Texas school district or while attending a school-sponsored or school-related
activity of a school in another Texas school district.
2. Mandatory Expellable Offenses
A student must be expelled for any of the following offenses if committed on school property
or while attending a school-sponsored or school-related activity on or off school property:
(a) A firearm violation, as defined by federal law or state law.
Firearm under federal law includes:
(1) Any weapon (including a starter gun), which will or is designed to, or which 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 weapon.
(4) Any destructive device, such as any explosive, incendiary, or poison gas bomb, or
grenade.
(b) Use, exhibition, or possession of the following, under the Texas Penal Code or Board
policy:
(1) A firearm.
(2) Any knife with a blade length longer than 5-1/2 inches.
(3) The use or threat to use any knife as a weapon or possession and threat to use any
knife as a weapon regardless of blade length.
(4) A club. “Club” means an instrument that is specially designed, made, or adapted for
the purpose of inflicting serious bodily injury or death by striking a person with the
instrument.
(5) A prohibited weapon, including an explosive weapon; a machine gun; a short-barrel
firearm; a firearm silencer; a switchblade knife; knuckles; armor-piercing ammunition;
a chemical dispensing device; or a zip gun.
(c) Behavior containing the elements of the following under the Texas Penal Code when the
conduct occurs on school property, or while attending school-sponsored or school-related
activities:
(1) Aggravated assault, sexual assault, or aggravated sexual assault.
(2) Arson.
(3) Murder, capital murder, or criminal attempt to commit murder.
(4) Indecency with a child.
(5) Aggravated kidnapping.
(6) Behavior related to an alcohol or drug offense that could be punishable as a felony
under the Texas Health and Safety Code.
(7) Aggravated robbery under section 29.03, Penal Code.
(8) Manslaughter under Section 19.04, Penal Code.
(9) Criminally negligent homicide, under Section 19.05, Penal Code.
(d) A student must be expelled if the student engages in any of the offenses identified in
Section 2(a)-(c), above, against any employee or volunteer in retaliation for or as a result
of the person’s employment or association with a school district, without regard to
whether the conduct occurs on or off of school property or while attending a school-
sponsored or school-related activity on or off of school property.
Page 15
CCISD Student Code of Conduct
Revised April 2006
Page 15 of 17
3. Expulsion Procedure and Appeal
(a) Authority – The Board of Trustees delegates the authority to expel students to the
Superintendent of Schools.
(b) Written Notice – The parent(s)/guardian(s) of a student accused of committing an
expellable offense shall be advised in writing of the alleged offense and the recommended
disciplinary action.
(c) Informal Conference – A student accused of committing an expellable offense is entitled to
participate in an informal conference with the principal or the principal’s designee and the
student’s parent(s)/guardian(s). Unless otherwise agreed by the principal and the
student’s parent(s)/guardian(s), such conference shall be conducted no later than three
(3) school days after the principal or principal’s designee is first advised of the alleged
offense(s). The student’s parent(s) or guardian(s) shall be advised in writing of the date
and time of the meeting.
The purpose of the conference is to informally review the circumstances and evidence
upon which the recommendation for expulsion is based. A student’s parent(s)/guardian(s)
may elect to waive the right to participate in a conference. Additionally, if the student’s
parent(s)/guardian(s) fails to attend a conference after reasonable attempts have been
made to notify the parent/guardian of the date and time of the meeting, the principal or
principals designee may proceed in the absence of the student, parent/guardian, and/or
other adult representing the student.
At the conclusion of the informal conference, the principal or principal’s designee shall
inform, in writing, the student and the student’s parent/guardian or other adult
representative of the outcome of the conference. A copy of such written notice shall also
be forwarded to the Superintendent of Schools.
(d) Appeal – A student’s parent/guardian may appeal a recommendation for expulsion to the
Superintendent of Schools by submitting a written request for a hearing to the
Superintendent’s office within three (3) school days of receipt of the recommendation.
Failure to request an appeal within the designated time will result in the Superintendent’s
acceptance of the recommendation for expulsion. Upon acceptance of the
recommendation, the Superintendent of Schools shall issue an Order of Expulsion. If the
period of expulsion is inconsistent with the guidelines herein, the order must give notice of
the inconsistency.
Pending the outcome of the hearing process described below, the principal or principal’s
designee may place the student in: (1) another appropriate classroom; (2) in-school
suspension; (3) out-of-school suspension for a maximum of three (3) days; (4) an
alternative education program; and/or (5) any combination of the foregoing.
Upon receipt of a notice of appeal, the Superintendent shall convene an impartial
evidentiary hearing to consider the proposed expulsion. The Superintendent may elect, at
his/her option, to refer the matter to a hearing officer or a panel consisting of three (3)
administrators designated to act on the Superintendent’s behalf. In the event a hearing
officer panel is appointed, he/she the panel members shall prepare a written
recommendation to the Superintendent based upon the evidence presented at the hearing.
A student appealing a recommendation for expulsion is entitled to receive procedural due
process as required by the federal and state constitutions. Procedural rights include:
(i) The right to be represented by legal counsel or an adult who is not a District
employee, unless the District employee is the student’s parent/guardian.
(ii) Prior notice of potential witnesses for the District.
(iii) An opportunity to testify and present evidence and witnesses in the student’s
defense.
(iv) An opportunity to question the District’s witnesses.
Expulsion hearings shall be recorded in some manner, either by a court reporter or audio
recording.
Page 16
CCISD Student Code of Conduct
Revised April 2006
Page 16 of 17
Following the conclusion of the hearing described above, the Superintendent shall advise
the student’s parent(s)/guardian(s) of his/her decision with respect to the proposed
expulsion. The Superintendent shall expressly advise the parent(s)/guardian(s) or the
reasons and basis for his/her decision.
(e) Board Review – A student’s parent(s)/guardian(s) may appeal the decision of the
Superintendent to the Board of Trustees by submitting a written request to the
Superintendent within two (2) school days of receipt of the decision. The Superintendent
shall provide the parent(s)/guardian(s) with written notice of the date, time, and place of
the Board’s review within five (5) school days of the receipt of the appeal request.
The Board’s review shall be based on the record developed before the Superintendent
and/or hearing officer below. The Board may, at its discretion, elect to hear brief oral
presentations of no longer than five (5) minutes each from the Superintendent or
Superintendent’s designee and the student or the student’s parent/guardian or other adult
representative. The Board’s review shall be conducted in closed session.
The Board may uphold or reverse the Superintendent’s decision. If the Board upholds the
expulsion decision, the Board shall direct the Superintendent to issue an Expulsion Order
within three (3) school days.
A student may appeal an adverse expulsion decision to state district court in accordance
with the provisions of the Texas Education Code.
4. Sanctions
Expelled students are prohibited from being on school grounds or attending school-related
extracurricular activities during the period of expulsion.
No District academic credit will be earned for work missed during the period of expulsion
unless the student is enrolled in a Juvenile Justice Alternative Education Program (JJAEP). All
expelled students will be referred to the JJAEP in the county in which they reside.
5. Length of Expulsion From School
If the expulsion occurs after the first six weeks of school, the student will be expelled for the
remainder of the fall semester and the entire spring semester. If the expulsion occurs after
the fourth six weeks of school, the student will be expelled for the remainder of the spring
semester and the entire fall semester of the following school year. The period of expulsion
may not exceed one year unless, after a review, the District determines that the student is a
threat to safety of other students or to District employees or extended placement is in the best
interest of the student.
State and federal laws require a student to be expelled from the regular classroom for a period
of at least one calendar year for bringing a firearm, as defined by federal law, to school.
However, the Superintendent may modify the length of the expulsion on a case-by-case basis.
The District may provide educational services to the expelled student in a JJAEP.
An expelled student may be readmitted on the recommendation of the Placement Review
Committee of the District while the student is completing any court disposition requirements
the court imposes. The student may not be returned to the teacher's class where the offense
occurred without the teacher's consent.
After the student has successfully completed any court disposition requirements the court
imposes, including conditions of a deferred prosecution ordered by the court or such
conditions required by the prosecutor or probation department, the District may not refuse to
admit the student if the student meets the requirements for admission. However, the District
may place the student in a disciplinary AEP.
6. Additional Misconduct During Expulsion
Page 17
CCISD Student Code of Conduct
Revised April 2006
Page 17 of 17
If, during the term of expulsion, a student engages in additional conduct for which placement
in a disciplinary AEP or expulsion is required or permitted, additional proceedings may be
conducted regarding that conduct, and the principal or Board, as appropriate, may enter an
additional order as a result of those proceedings.
E. Emergency Procedures
1. Emergency Removal to Disciplinary AEP
The principal or principal’s designee may immediately remove a student to a disciplinary AEP
for behavior that is so unruly, disruptive, or abusive that the teacher cannot communicate with
the class. The reason for removal must be a reason for which placement in a disciplinary AEP
may be made on a nonemergency basis. Within a reasonable time after the emergency
placement, but not later than the 10
th
day after the date of the placement, the student shall
be accorded the same due process applicable to nonemergency disciplinary AEP placements.
2. Emergency Expulsion from School
In an emergency, the principal or principal’s designee may immediately order the expulsion
when people or property are in imminent harm if the principal or principal’s designee
reasonably believe that such action is necessary to protect persons or property from imminent
harm.
When an emergency expulsion occurs, the student will be given oral notice of the reason for
the action. The reason must be a reason for which expulsion may be made on a
nonemergency basis. Within a reasonable amount of time after the emergency expulsion, but
not later than the 10
th
day after the day of the expulsion, the student will be given appropriate
due process. The due process is the same, as outlined in this code, as for a student facing
expulsion. If emergency expulsion involves a student with disabilities who receives special
education services, the term of the student’s emergency expulsion is subject to the
requirements of federal law and regulations and must be consistent with the consequences
that would apply to a student without a disability.
F. Placement in a Juvenile Justice Alternative Education Program (JJAEP)
State law requires the Harris County and Galveston County Juvenile Boards to develop a juvenile
justice alternative education program, which provides educational services to certain students who
have been expelled.
The Board of Trustees will enter into a Memorandum of Understanding with the county juvenile
board outlining the juvenile board’s responsibilities concerning the establishment and operation of
the JJAEP and conditions on payments from the District to the juvenile board. An agreement
between the school District and the county must provide for an expelled student to immediately
attend the JJAEP from the date of expulsion. Students who are not eligible for admission in the
JJAEP must be provided an educational program by the District.
G. Continuation of Disciplinary Placement/Withdrawals
If a student withdraws from CCISD before an order for placement in a disciplinary AEP or
expulsion is entered, the principal may complete the proceedings and enter an order. If the
student subsequently enrolls in CCISD during the same or subsequent school year, the district
may enforce the order at that time, except for any period of the placement or expulsion that has
been served by the student on enrollment in another district that honored the order. If CCISD
enrolls the student, the principal shall inform each educator who has responsibility for, or is under
the direction or supervision of an educator who has responsibility for, the instruction of a student
who has engaged in conduct for which removal is required by Texas Education Code Section
37.006 of the student’s misconduct. Each educator shall keep this information confidential. If the
principal or Board fails to enter an order after the student withdraws, the next district in which the
student enrolls may complete the proceedings and enter an order.
Page 18
Clear Creek ISD
FM
084910
(EXHIBIT A)
Clear Creek Independent School District
Policy FM Regulation
Extracurricular Student Activities Code of Conduct
Student/Parent Signature Form
Academic School Year:
_______________________________
_______________________________
Full Name
School
____________________________________________________________________
Home Address
______________________________
_______________________________
Home Phone Number
Current Grade
I have received and accept the CCISD Student/Parent Handbook, Extracurricular Rules of
Conduct, and _______________ organization’s rules/constitution. I have reviewed and
accept these handbooks and rules. I agree to follow these guidelines and expectations.
_______________________________
_______________________________
Student’s Signature
Parent’s Signature
_______________________________
_______________________________
Date
Date
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Page 1
Clear Creek Independent School District
STUDENT CODE OF CONDUCT
I.
PURPOSE
The Student Code of Conduct is the district’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 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 a disciplinary alternative education program (DAEP), or expulsion from school.
This Student Code of Conduct has been adopted by the CCISD Board of Trustees and developed with
the advice of the district-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. 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 the district’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:
•
Consciously participating in class and being supportive of an effective learning and teaching.
•
Demonstrating courtesy and respect for others.
•
Attending all classes regularly and on time.
•
Preparing for each class; taking appropriate materials and assignments to class.
•
Being well groomed and dressing appropriately as defined by District and/or campus dress
code.
•
Obeying all campus and classroom rules.
•
Respecting the rights and privileges of other students, District staff, and other adults on
campus or at school-related activities, on or off campus.
•
Respecting the property of others, including District property and facilities.
•
Cooperating with or assisting the school staff in maintaining safety, order, and discipline.
•
Paying required fees and fines unless waived.
•
Adhering to the Student Code of Conduct.
III. GENERAL PRINCIPLES AND GUIDELINES
A. Supplemental Rules
The District 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.
Page 2
CCISD Student Code of Conduct
Revised April 2006
Page 2 of 17
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 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. 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.
D. Video/Audio Monitoring
In accordance with CCISD 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.
E. 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 will be correlated to the
seriousness of the offense, the student’s age and grade level, the frequency of misconduct, the
student’s attitude, the effect of the misconduct on the school environment, whether the student
acted in self-defense, intent or lack of intent at the time the student engaged in the conduct, a
student’s disciplinary history, or a disability that substantially impairs the student’s capacity to
appreciate the wrongfulness of the student’s conduct. Because of these factors, discipline for a
particular offense (unless otherwise specified by law) may bring into consideration varying
techniques and responses.
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, but the principal or principal’s designee shall
notify the parents as soon as feasible using the Disciplinary Referral Form.
IV.
GENERAL MISCONDUCT VIOLATIONS
A. Behaviors
Students are prohibited from:
1. Leaving school grounds or school-sponsored events without permission of the appropriate
school official.
Page 3
CCISD Student Code of Conduct
Revised April 2006
Page 3 of 17
2. Disobeying school rules related to conduct on school buses.
3. Failing to comply with lawful directives given by school personnel thus the failure results in
insubordination.
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 paging devices or cellular phones.
13. Loitering in the parking lot or school grounds.
14. Engaging in bullying, harassment, or making hit lists.
B. Consequences
The following discipline management techniques may be used alone or in combination for Student
Code of Conduct General Misconduct Violations and non-Student Code of Conduct violations:
1. Verbal correction.
2. Cooling-off time or time-out. 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 for academic dishonesty, copying, allowing others to copy work, and/or
plagiarism.
10. Community service with parental approval.
11. Rewards or demerits.
12. Behavioral contracts.
13. Office or other assigned area referral.
14. Detention (either during the student school day or outside the student school day).
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 bus privileges.
18. Techniques or penalties identified in individual student organizations codes of conduct.
19. School-assessed and school-administered probation.
20. Referral to outside agency and/or legal authority for criminal prosecution in addition to
disciplinary measures imposed by the District.
21. Other strategies and consequences as specified by the Student Code of Conduct.
C. Appeal
Parental questions or complaints regarding disciplinary measures taken should be addressed to
the teacher or campus administration, as appropriate.
General Guidelines are:
Page 4
CCISD Student Code of Conduct
Revised April 2006
Page 4 of 17
Offenses resulting in detention, In-School Suspension, and suspension from school may be
appealed to the campus principal within 2 working days of the recommended disciplinary action.
The decision of the principal is final and may not be appealed. Non Juvenile Justice Disciplinary
Alternative Educational Placement (e.g., Disciplinary AEP) may be appealed to the appropriate
assistant superintendent. The decision of the assistant superintendent is final and may not be
appealed.
Offenses resulting in recommendations for expulsion and Juvenile Justice AEP may be appealed to
the campus principal or principal’s designee, the Superintendent of Schools or Superintendent’s
designee, the School Board or School Board’s designee, and finally a district court. (See Appeal
Procedures for AEP & Expulsions in Index.)
V.
STUDENT REMOVAL FROM CLASS BY TEACHERS
A. Discretionary Removal by the Teacher
Violation of classroom rules or general misconduct 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.
If the student is referred to the principal or the principal’s designee for disciplinary action, the
principal or the principal’s designee will make the decision on 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 the Teacher
Formal removal may 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 the behavior is so
unruly, disruptive, or abusive that the teacher cannot teach.
A teacher must remove a student from class and refer him/her to the principal or principal’s
designee for an offense for which a student may be suspended and/or placed in a disciplinary AEP.
A teacher must also remove a student from class for an expellable offense.
C. Procedure for Removal
1. If the violation results in removal, the principal or principal’s designee will schedule a
conference within three (3) school days with the student’s parent, the teacher, and the
student.
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.
3. After the conference, the principal or principal’s designee will notify the student and parents of
the consequences of the Student Code of Conduct violation.
4. When a student is removed from the regular classroom and a conference with parents or a
hearing is pending, the principal or principal’s designee may place a student in:
(a) Another appropriate classroom.
(b) In-School Suspension.
(c) A disciplinary AEP in which the student must be separated from other students for the
entire school program day and will be provided instruction in the core subjects.
Counseling will also be provided to the student.
(d) Suspension for a maximum of three (3) days provided the behavior could result in
placement in a disciplinary AEP.
5. When a student has been 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 except if
Page 5
CCISD Student Code of Conduct
Revised April 2006
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the teacher removed the student from class because the student engaged in assault,
aggravated assault, sexual assault, aggravated sexual assault, or assault against a school
district employee or volunteer, the student may not be returned to the teacher’s class without
the teacher’s consent.
VI. REMOVAL FROM THE REGULAR EDUCATIONAL SETTING
A. In-School Suspension (ISS)
1. Behaviors Resulting in ISS
Disciplinary action resulting in ISS placement will be correlated to the seriousness of the
offense, the student’s age and grade level, the frequency of misconduct, the student’s
attitude, the effect of the misconduct on the school environment, whether the student acted in
self-defense, intent or lack of intent at the time the student engaged in the conduct, a
student’s disciplinary history, or a disability that substantially impairs the student’s capacity to
appreciate the wrongfulness of the student’s conduct. A student may be assigned to ISS if the
student commits any of the following offenses on school property, or while attending a school-
sponsored or school-related activity on or off school property.
(a) Academic dishonesty or copying the work of another, or allowing others to copy work. In
addition, academic
dishonesty or copying will result in a grade of zero (0).
(b) Displaying inappropriate pictures, photos, or drawings.
(c) Using profanity, vulgar language, or inappropriate obscene gestures, pictures, photos, or
drawings.
(d) Physically aggressive behavior such as, but not limited to, pushing, scuffling, or fighting
which is not defined as assault. Fighting may also result in charges being filed. (The
offense of assault is addressed later in the Student Code of Conduct.)
(e) Stealing from students, staff, or the school.
(f) Damaging or vandalizing property owned by others. (Also may be required to make
restitution.) Depending upon the seriousness of the damage, the student may be expelled.
(g) Possession of fireworks, matches, stun guns, or shocking devices (pens, lighters, etc.)
(h) Hazing as defined by Board Policy FNCC (LEGAL) and the Education Code, Section 37.151
(i) Name-calling, ethnic or racial slurs, or derogatory statements that school officials have
reason to believe will substantially disrupt the school program or incite violence.
(j) Insubordination.
(k) Aggressive, disruptive action or group demonstration that school officials believe does or
may substantially disrupt or materially interfere with the school program, school activities,
or incites violence. (This may also result in a citation.)
(l) Falsification of records, passes, or other school-related documents including, but not
limited to, computer hacking, theft of, or misuse of software.
(m)Smoking, use of, or possession of tobacco products.
(n) Possession of chemical stink/smoke bombs or any other pyrotechnic device.
(o) Repeated general misconduct violations. (The District defines “repeated” to be 2 or more
infractions of the general misconduct violations. These may be different violations or
repeated violations of the same offense.)
(p) Gambling on school property.
(a) Truancy.
(b) Written or verbal offensive or threatening remarks.
(c) Bullying, harassment, or making hit lists
(d) Violating computer use policies, rules, or agreements signed by the student and/or
agreements signed by the student’s parent.
(e) Using the Internet or other electronic communications to threaten students or employees
or cause disruption to the educational program.
(f) Sending or posting electronic messages that are abusive, obscene, sexually oriented,
threatening, harassing, damaging to another’s reputation, or illegal.
(g) Using email or Web sites at school to encourage illegal behavior or threaten school safety.
2. Procedures for Assigning Students to ISS
Below are procedures for assigning students to ISS:
(a) Inform student of accusations and provide an opportunity for student to present his/her
side.
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(b) Investigate as necessary.
(c) Decide upon the innocence or guilt of the student.
(d) If guilty, decide on the number of days to be assigned to ISS and inform student verbally
and in writing.
(e) Written notice sent home to parent with student.
(f) Telephone call to parent.
(g) Student’s counselor notified.
(h) Student’s teachers are notified so that the lessons may be provided to ISS.
(i) Student brings all books to ISS.
(j) Upon finishing (completing) ISS, student receives completion form from ISS teachers or
person responsible for ISS. Student meets with principal or assistant principal. Principal
or assistant principal conferences with student who signs completion form. Student shows
each teacher his completion form as he/she returns to each class.
3. Length of Assignment to ISS
The minimum length of assignment to ISS shall be one day and the maximum ten days per
offense, unless the student commits a violation of the ISS rules or the Student Code of
Conduct while assigned to ISS. This could result in the assignment of additional days to a
maximum of ten days, suspension from school, or assignment to a disciplinary alternative
education program, depending upon the seriousness of the offense.
4. Sanctions
A student who has been assigned to ISS may not participate in nor attend school-sponsored or
school-related extracurricular or co-curricular activities during the period of assignment.
5. Continuation of Coursework
If a student is removed from the regular classroom and placed in in-school suspension or
another setting other than a disciplinary alternative education program, the District shall offer
the student the opportunity to complete, before the beginning of the next school year, each
course in which the student was enrolled at the time of the removal. Such an opportunity may
be provided by any method available, including a correspondence course, distance learning, or
summer school.
B. Suspension From School
Disciplinary action resulting in suspension from school will be correlated to the seriousness of the
offense, the student’s age and grade level, the frequency of misconduct, the student’s attitude,
the effect of the misconduct on the school environment, whether the student acted in self-
defense, intent or lack of intent at the time the student engaged in the conduct, a student’s
disciplinary history, or a disability that substantially impairs the student’s capacity to appreciate
the wrongfulness of the student’s conduct.
1. Behaviors Resulting in Suspension From School
Students may be suspended from school for conduct for which they may be placed in a
disciplinary AEP or ISS Program, and pending removal from a disciplinary AEP or expulsion.
(See behaviors resulting in discretionary disciplinary AEP assignment, below.).
2. Length of Suspension From School
State law allows a student to be suspended for up to three (3) school days per offense, with
no limit on the number of times a student may be suspended in a semester or school year.
The principal or principal’s designee shall set the length of the suspension from school. When
a student is suspended, the student is expected to be under the supervision of the parent,
guardian or other responsible adult.
3. Procedures for Suspension From School
A student who is to be suspended shall be entitled to participate in an informal conference
during which the principal or principal’s designee will advise the student of the conduct with
which he or she is charged and will give the student the opportunity to explain his or her
version of the incident. If the principal or principal’s designee believes the student has
engaged in prohibited conduct, the student will be suspended from school. The duration of a
student’s suspension, which cannot exceed three (3) school days, will be determined by the
principal or principal’s designee. Parents will be notified in writing.
4. Sanctions
A student who has been suspended may not participate in or attend school-sponsored or
school-related extracurricular and co-curricular activities during the period of suspension.
5. Absence from School
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Suspension from school is considered an excused absence. Students are to request makeup
work when they return to school and will receive full credit for work missed if the work is
made up in accordance with campus and classroom rules.
C. Alternative Education Program (Non-Juvenile Justice)
Disciplinary action resulting in placement in disciplinary AEP (DAEP) will be correlated to the
seriousness of the offense, the student’s age and grade level, the frequency of misconduct, the
student’s attitude, the effect of the misconduct on the school environment, whether the student
acted in self-defense, intent or lack of intent at the time the student engaged in the conduct, a
student’s disciplinary history, or a disability that substantially impairs the student’s capacity to
appreciate the wrongfulness of the student’s conduct.
1. Behaviors Resulting in Discretionary Disciplinary AEP Assignment
A student may be placed in a disciplinary AEP if the student commits any of the following
offenses on school property or while attending a school-sponsored or school-related activity on
or off school property. The principal may place students in a disciplinary AEP for any of the
behaviors listed below:
(a) Throwing objects that can cause bodily injury or property damage.
(b) Committing extortion, coercion, or blackmail (obtaining money or another object of value
from an unwilling person), or forcing an individual to act through the use of force or threat
of force.
(c) Committing or assisting in a robbery or theft that 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).
(d) Engaging in sexual contact.
(e) 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, and the dissemination of sexually oriented materials.
(f) Possessing or selling look-alike drugs or weapons or items attempted to be passed off as
drugs or weapons or contraband.
(g) 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.
(h) Having or taking prescription drugs or over-the-counter drugs at school other than as
provided by district policy.
(i) Possessing drug paraphernalia.
(j) Repeated misbehavior if a student, after being placed in ISS, continues to violate the
Student Code of Conduct. (The District defines “repeated” to be 2 or more violations of
the Student Code of Conduct in general or repeated occurrences of the same violations.)
(k) Engaging in conduct that constitutes criminal mischief that is not punishable as a felony.
(l) Possessing or distributing pornographic materials.
(m)Kidnapping which is not aggravated kidnapping (for aggravated kidnapping, see
Expulsions).
(n) Being involved in gang activity, including participating as a member or pledge, or soliciting
another person to become a pledge or member of a gang: A gang is defined as “any group
of two (2) or more persons whose purposes include the commission of illegal acts.”
No student on or about school property or at any school activity shall wear, possess, use,
distribute, display or sell any clothing, jewelry, emblem, badge, symbol, sign or other
things which are evidence of membership or affiliation in any gang; shall commit any act
or omission in furtherance of the interests of any gang or gang activity, including but not
limited to, soliciting others for membership in any gangs; requesting any person to pay
protection or otherwise intimidating or threatening any person; inciting other students to
set with physical violence upon any other person.
(o) Being involved 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.
(p) Possessing of any razor or knife with a blade length of less than 2 ½ inches..
(q) Lighting or possession of fireworks or other objects.
(r) Repeated violations of possession, smoking, or use of tobacco. (“Repeated” meaning
multiple violations).
(s) Physically aggressive behavior such as, but not limited to, pushing, scuffling, or fighting
which is not defined as assault.
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(t) The use of chemical stink/smoke bombs, or any other pyrotechnic device.
(u) Possessing ammunition
(v) Student’s presence on campus may temporarily be deemed a threat to the safety of the
student body or campus in general.
(w) Off-campus conduct for which removal would have been required but of which the
principal or other appropriate administrator does not have knowledge before the first
anniversary of the date the conduct occurred.
(x) The student:
i. has received deferred prosecution under section 53.03, Family Code, for conduct
defined as a felony offense in Title 5, Penal Code; or
ii. has been found by a court or jury to have engaged in delinquent conduct under
section 54.03, Family Code, for conduct defined as a felony offense in Title 5, Penal
Code; and
iii. the Board or the Board’s designee has determined that the student’s presence in the
regular classroom:
(a) threatens the safety of other students or teachers;
(b) will be detrimental to the educational process; or
(c) is not in the best interests of the District’s students. Any decision of the Board or
the Board’s designee under this subsection is final and may not be appealed. In
addition, the Board or its designee may order placement in accordance with this
provision regardless of:
i. the date on which the student’s conduct occurred;
ii the location at which the conduct occurred;
iii. whether the conduct occurred while the student was enrolled in the District; or
iv. whether the student has successfully completed any court disposition
requirements imposed in connection with the conduct. Furthermore, the
Board may, under state law, order placement for such a student for any period
considered necessary by the Board or the Board’s designee (i.e., the one-year
maximum placement does not apply). However, a student placed in a
disciplinary AEP for this reason will be accorded the periodic reviews applicable
to all disciplinary AEP placements.
(y) Bullying, harassment, or making hit lists.
Furthermore, the Board may, under state law, order placement for any period considered
necessary by the Board or the Board’s designee (i.e., the one-year maximum placement does
not apply). However, a student placed in a disciplinary AEP for this reason will be accorded the
periodic reviews applicable to all disciplinary AEP placements.
2. A student may be removed from class and placed in a disciplinary AEP based on conduct
occurring off campus and while the student is not in attendance at a school-sponsored or
school-related activity if the Superintendent or the Superintendent's designee has a
reasonable belief that the student has engaged in conduct defined as a felony offense other
than those defined in Title 5, Penal Code; and the continued presence of the student in the
regular classroom threatens the safety of the other students or teachers or will be detrimental
to the educational process.
3. Behaviors Resulting in Mandatory Disciplinary AEP Assignment
†
(a) A student shall be removed from class and placed in a disciplinary AEP if the student
engages in conduct involving a public school that contains the elements of the offense of
false alarm or report under Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code.
(b) A student shall be removed from class and placed in a disciplinary AEP if the student
commits the following on 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 of school property.
(1) Engages in conduct punishable as a felony.
(2) Engages in conduct that contains the elements of assault under section 22.01(a) (1) of
the Penal Code (i.e., intentionally, knowingly, or recklessly causing bodily injury to
another).
(3) Sells, gives, or delivers to another person or possesses, uses, or is under the influence
of:
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(i) Marijuana or a controlled substance, as defined by Chapter 481 of the Health and
Safety Code or by 21 USC Section 801 et seq. in an amount not punishable as a
felony offense.
(ii) A dangerous drug, as defined by Chapter 483, Health and Safety Code, in an
amount not punishable as a felony offense.
(4) 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 an alcoholic beverage, if the conduct is not punishable as a felony.
(5) Engages in conduct that contains the elements of an offense relating to an abusable
volatile chemical, under Sections 485.031 through 485.034, Health and Safety Code.
(6) Engages in conduct that contains the elements of the offense of public lewdness under
Section 21.07, Penal Code, or indecent exposure under Section 21.08, Penal Code.
(7) Possession of any razor or knife with a blade length of 2-1/2 to 5-1/2 inches.
(8) Engages in conduct that contains the elements of the offense of graffiti under Section
28.08, Penal Code, if the conduct involves a marking made on a school or to school
property.
†
Removal to a disciplinary AEP is not required if the student is expelled for the same
conduct for which removal would be required.
(c) A student shall be removed from class and placed in a disciplinary AEP as provided by
Section 37.008 based on conduct occurring off-campus and while the student is not in
attendance at a school-sponsored or school-related activity if:
•
The student receives deferred prosecution (voluntary contract) under Section 53.03 of
the Family Code for conduct defined as a felony offense in Title 5 of the Penal Code.
•
A court or jury finds that the student has engaged in delinquent conduct under Section
54.03 of the Penal Code for conduct defined as a felony offense in Title 5 of the Penal
Code; or
•
The Superintendent or Superintendent’s designee has a reasonable belief that the
student has engaged in conduct defined as a felony offense in Title 5 of the Penal
Code. Title 5 offenses are defined as crimes against a person.
(d) A student shall be removed from class and placed in a disciplinary AEP if the student
engages in conduct that contains the elements of the offense of retaliation against any
school employee, regardless of where the conduct occurs, unless such conduct is defined
as an expellable offense. (Note: Certain retaliatory conduct constitutes an expellable
offense, as explained in the Expulsion section of this Student Code of Conduct.)
4. Length of Assignment to a Disciplinary AEP
The period of placement in a disciplinary AEP may not exceed one year unless, after a review,
the District determines that the student is a threat to the safety of other students or to District
employees, or extended placement is in the best interest of the student.
(a) Students-Age Six Through Grade Five:
The length of the assignment to a disciplinary AEP for a student age six through grade five
will be determined by the principal based upon the seriousness of the offense, the
disciplinary record of the student, the student’s age, the student’s attitude whether the
student acted in self-defense, and the impact of the offense on the school environment.
Below are the guidelines for length of assignment:
Description
Length of Assignment
Minimal
10 days
Normal
30 days
Maximum
Remainder of the semester*
*Unless the offense occurs in the last six weeks of a semester, in which case the student
may be assigned to disciplinary AEP until the end of the following semester.
(b) Students in Grades Six through Twelve:
Assignments to a disciplinary AEP will vary depending upon the seriousness of the offense,
the disciplinary record of the student, and/or the age of the student, the attitude of the
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student, whether the student acted in self-defense, and the impact of the offense on the
school environment. The principal, in making the assignment, shall specify the length of
the assignment. Below are the guidelines for length of an assignment:
Description
Length of Assignment
Minimal
30 days
Normal
60 days
Maximum
Remainder of the year
5. Procedures for Removal to a Disciplinary AEP
The Board delegates to the principal the authority to remove a student to a disciplinary AEP.
The duration of a student’s placement in a disciplinary AEP will be determined by the principal
as outlined above in this Code.
Within three (3) school days of receiving the Disciplinary Referral Form, the assistant principal
will schedule a conference with the student’s parent, teacher, and the student. Until a hearing
can be held, the assistant principal may place a student in:
(a) Another appropriate classroom;
(b) In-School Suspension; and/or
(c) Suspension for a maximum of three (3) days.
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.
If, after conducting the conference, the assistant principal believes that the student has
engaged in conduct for which placement in a disciplinary AEP is an appropriate disciplinary
sanction, the assistant principal shall inform the student and the student’s parent(s) and issue
the order to place the student in a disciplinary AEP in accordance with the Student Code of
Conduct. A copy of the order shall be forwarded to the student and parent(s). If the period of
placement is inconsistent with the guidelines set forth above, the order must give notice of the
inconsistency. The decision of the assistant principal may be appealed to the principal by
submitting a written letter of appeal to the principal within two (2) working days of receipt of
the order of removal. The student shall report to the disciplinary AEP as scheduled while the
appeals process is conducted. The decision of the principal may be appealed to the
appropriate Assistant Superintendent by submitting a written letter of appeal to the assistant
superintendent within two (2) days of receipt of the order of removal. The decision of the
assistant superintendent is final and may not be appealed (see CCISD District Policy FOC
[Local])
Before a student may be placed in a disciplinary AEP for a period of time that extends beyond
the end of the school year in which the placement commences, the principal must determine
that:
(a) The student’s presence in the regular classroom or campus presents a danger of physical
harm to the students or others; or,
(b) The student has engaged in serious or persistent misbehavior that violates the Student
Code of Conduct.
If a student’s placement in the disciplinary AEP is scheduled to extend beyond the end of the
next grading period, the student’s parent(s)/guardian(s) shall receive notice of an opportunity
to participate in a proceeding before the appropriate assistant superintendent or assistant
superintendent designee as provided for under Board Policy FOC (Local), which may be found
in the Board Policy book located in each campus’ library and principal’s office, or on the
District web site. The assistant superintendent’s decision is final and may not be appealed.
6. Review of Placement
If a student’s placement in a disciplinary alternative education program is to extend beyond 60
days or the end of the next grading period, whichever is earlier, a student’s parent or guardian
is entitled to notice of and an opportunity to participate in a proceeding before the board of
trustees of the school district or the board’s designee, as provided by policy of the board of
trustees of the district. Any decision of the board or the board’s designee under this subsection
is final and may not be appealed.
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A student placed in a disciplinary AEP will be provided a review of the student’s status by the
principal or principal’s designee at intervals not to exceed 120 days. At the review, the
students or the student’s parent(s)/guardian(s) 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 the teacher who removed the student without the removing
teacher’s consent, unless the Placement Review Committee determines that the removing
teacher’s class is the best or only alternative available.
If the student is a high school student, the Board’s designee and the student’s
parent(s)/guardian(s) must review the student’s progress toward meeting graduation
requirements and must establish a graduation plan for the student at the 120-day placement
review(s).
7. Restriction on Participation in Certain Activities/Services
A student placed in a disciplinary AEP may not participate in or attend any school-sponsored or
school-related extracurricular or co-curricular activities during the period of his/her placement.
A student in the disciplinary AEP will not be provided transportation unless he/she is identified
as a student with a disability who receives transportation pursuant to an individual education
plan as a designated related service.
8. Consideration of Criminal Charges/Prosecution
In determining whether there is a reasonable belief that a student has engaged in conduct
defined as a felony offense, the Superintendent or Superintendent’s designee may consider all
available information, including information furnished under Article 15.27 of the Code of
Criminal Procedure.
On receipt of notice from a prosecuting attorney or juvenile court pursuant to Article 15.27(g)
of the Code of Criminal Procedure advising that a student has been found not guilty or that
prosecution of the student’s case was refused for lack of prosecutorial merit or insufficient
evidence, the Superintendent or Superintendent’s designee shall review the student’s
placement in the disciplinary AEP. The student may not be returned to the regular class
pending review. The Superintendent or Superintendent’s designee shall schedule a review of
the student’s disciplinary AEP placement with the student’s parent/guardian not later than the
third class day after receiving notice pursuant to Article 15.27(g) of the Code of Criminal
Procedure.
After reviewing the notice and receiving information from the student’s parent/guardian, the
Superintendent or Superintendent’s designee may continue the student’s placement if there is
reason to believe the presence of the student in the regular classroom threatens the safety of
other students or teachers.
The student or student’s parent/guardian may appeal the Superintendent’s decision to
continue a student’s disciplinary AEP placement to the Board. The student may not be
returned to the regular classroom pending the Board appeal.
At the next regularly scheduled meeting, the Board shall review the notice from the
prosecuting attorney or juvenile court that the prosecutor has dismissed the charges or that
the student has been found not guilty. The Board shall also receive information from the
student, the student’s parent/guardian, and the Superintendent or Superintendent’s designee.
The Board may affirm or reverse the decision made by the Superintendent or Superintendent’s
designee concerning the student’s continued placement.
The Board shall make record of the proceedings. If the Board affirms the decision of the
Superintendent or Superintendent’s designee, the Board shall inform the student and the
student’s parent/guardian of the right to appeal to the Commissioner of Education. The
student may not be returned to the regular classroom pending an appeal to the Commissioner.
9.
Additional Misconduct
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If, during the term of placement, a student engages in additional conduct for which placement
in a disciplinary AEP or expulsion is required or permitted, additional proceedings may be
conducted regarding that conduct and the principal or Board, as appropriate, may enter an
additional order as a result of those proceedings.
10. Continuation of Placement
If a student enrolling in CCISD has been placed in a disciplinary AEP by another Texas school
district, a Texas open-enrollment charter school, or an out-of-state school district, CCISD may
continue the placement if the prior school provides CCISD with a copy of the placement order,
and in the case of an out-of state school district, that district placed the student in a
disciplinary AEP for reasons that would also be reasons for such placement in CCISD. If an
out-of-state District ordered placement for a period that exceeds one year, CCISD shall reduce
the period of placement so that the aggregate period of removal does not exceed one year
unless, after a review, the District determines that the student is a threat to the safety of
other students or to District employees or extended placement is in the best interest of the
student.
11. Continuation of Course Work
The District is required to provide in its disciplinary AEP courses necessary to fulfill a student’s
high school graduation requirements. The District shall offer a student removed to a
disciplinary alternative education program an opportunity to complete coursework necessary
to fulfill the student’s graduation requirements through any method available, including a
correspondence course, distance learning, or summer school, free of charge.
Students enrolled in AA, Pre-AP or AP courses will be serviced at the regular level while
assigned to Clear Path Alternative School. Upon return to their home campus, students will
have a choice of remaining in the AA, Pre-AP or AP classes or be placed in a regular level
instruction class. (see Regulation FOC)
Students enrolled in elective courses will have those courses serviced through work assigned
from their home campus teacher while enrolled in Clear Path Alternative School. The home
campus teacher will be responsible for packaging assignments, projects, exams, etc., for a
student assigned to CPAS and send it to CPAS. Staff at CPAS will monitor the work, projects,
exam, etc., and return the work product to the home campus for their evaluation and
assignment of grade. (see Regulation FOC)
12. Notice to Educators
A principal shall inform each educator who has responsibility for or is under the direction and
supervision of an educator who has responsibility for, the instruction of a student who has
engaged in any violation listed in Texas Education Code 37.006 of the student’s misconduct.
Each educator shall keep this information confidential.
* Note: Removal to a disciplinary AEP is not required if the student is expelled for the same
conduct for which removal would be required.
D. Expulsion from School
Disciplinary action resulting in expulsion from school with the exception of mandatory expulsion
offenses, will be correlated to the seriousness of the offense, the student’s age and grade level,
the frequency of misconduct, the student’s attitude, the effect of the misconduct on the school
environment, whether the student acted in self-defense, intent or lack of intent at the time the
student engaged in the conduct, a student’s disciplinary history, or a disability that substantially
impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.
1. Discretionary Expulsion
(a) A student may be expelled if the student engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under Section 42.06, Penal
Code, or terroristic threat under Section 22.07, Penal Code.
(b) A student may be expelled if the student while on 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:
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(1) Sells, gives, or delivers to another person or possesses, uses, or is under the
influence of:
i.
Any amount of marijuana, or a controlled substance as defined by Chapter
481, Health and Safety Code, or by 21 USC Section 801etseq .
ii.
Any amount of a dangerous drug, as defined by Chapter 483, Health and
Safety Code, or by 21 USC Section 801etseq, in an amount not punishable as
a felony offense.
iii.
Any amount of an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code.
(2) Engages in conduct that contains the elements of an offense relating to an
abusable volatile chemical under Sections 485.031 through 485.034, Health and
Safety Code;
(3) Engages in conduct that contains the elements of an offense under Section 22.01
(a) (1). Penal Code against a school district employee or volunteer as defined by
Section 22.053, Education Code;
(4) Engages in conduct that contains the elements of an offense of deadly conduct
under Section 22.05. Penal Code.
(c) A student may be expelled if subject to Section 37.007(d) of the Education Code, while
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 the student engages in conduct specified in Section 2(a)-(c)(under
“Mandatory Expulsion,” below,) or possesses a firearm, as defined by 18 U.S.C. § 921.
(d) A student may be expelled if the student engages in conduct that contains the elements of
assault under Section 22.01(a)(1), Penal Code, against a school district employee or a
volunteer, regardless of whether the conduct occurs on or off of school property or while
attending a school-sponsored or school-related activity on or off of school property. A
volunteer is defined as a person who provides services to the school district without
compensation, either on the premises of the district or at a school-sponsored or school-
related activity, on or off school property.
(e) A student may be expelled if the student, while placed in an AEP for disciplinary reasons,
continues to engage in serious or persistent misbehavior that violates the district's Student
Code of Conduct. The District defines “persistent” to be two (2) or more violations of the
Student Code of Conduct in general or repeated occurrences of the same violation.
Serious offenses include, but are not limited to, the following:
(1) Vandalism
(2) Robbery or theft
(3) Extortion, coercion, or blackmail
(4) Aggressive, disruptive action or group demonstration that substantially disrupts or
materially interferes with school activities
(5) Hazing
(6) Insubordination
(7) Profanity, vulgar language, or obscene gestures directed toward teachers or other
school employees
(8) Fighting, committing physical abuse, or threatening physical abuse
(9) Possession or distribution of pornographic materials
(10)
Leaving school grounds without permission
(11)
Making or assisting in making threats, including threats against individuals and
bomb threats
(12)
Sexual harassment of a student or District employee
(13)
Possession of or conspiring to possess any explosive or explosive device
(14)
Falsification of records, passes, or other school-related documents, including
electronic documents
(15)
Refusal to accept discipline management techniques proposed by the teacher
or principal
(16)
Gang-related activity
(17)
Engaging in conduct that is punishable as criminal mischief, if felony offense
(18)
Repeated truancy
(19)
Single event of truancy if student commits a misdemeanor or felony offense
while truant
(20)
Inhalant infractions
(21)
Possession of any knife or prohibited weapon
Page 14
CCISD Student Code of Conduct
Revised April 2006
Page 14 of 17
(22)
Possession, use, or distribution of alcohol, marijuana, or any controlled
substance
(23)
Other situation that because of circumstances is deemed serious by the
administrator.
(f) A student who engages in conduct that contains the elements of the offense of criminal
mischief under Section 28.03, Penal Code, may be expelled at the district's discretion if
the conduct is punishable as a felony. The student shall be referred to the authorized
officer of the juvenile court regardless of whether the student is expelled.
(g) A student may be expelled if the student engages in conduct against another student that
contains the elements of aggravated assault, sexual assault, aggravated sexual assault,
murder, capital murder, or criminal attempt to commit murder or capital murder, or
aggravated robbery, without regard to whether the conduct occurs on or off school
property or while attending a school-sponsored or school related activity on or off of
school property.
(h) A CCISD student who engages in conduct for which expulsion is required (see below) may
be expelled from CCISD if the student engages in such conduct on school property of
another Texas school district or while attending a school-sponsored or school-related
activity of a school in another Texas school district.
2. Mandatory Expellable Offenses
A student must be expelled for any of the following offenses if committed on school property
or while attending a school-sponsored or school-related activity on or off school property:
(a) A firearm violation, as defined by federal law or state law.
Firearm under federal law includes:
(1) Any weapon (including a starter gun), which will or is designed to, or which 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 weapon.
(4) Any destructive device, such as any explosive, incendiary, or poison gas bomb, or
grenade.
(b) Use, exhibition, or possession of the following, under the Texas Penal Code or Board
policy:
(1) A firearm.
(2) Any knife with a blade length longer than 5-1/2 inches.
(3) The use or threat to use any knife as a weapon or possession and threat to use any
knife as a weapon regardless of blade length.
(4) A club. “Club” means an instrument that is specially designed, made, or adapted for
the purpose of inflicting serious bodily injury or death by striking a person with the
instrument.
(5) A prohibited weapon, including an explosive weapon; a machine gun; a short-barrel
firearm; a firearm silencer; a switchblade knife; knuckles; armor-piercing ammunition;
a chemical dispensing device; or a zip gun.
(c) Behavior containing the elements of the following under the Texas Penal Code when the
conduct occurs on school property, or while attending school-sponsored or school-related
activities:
(1) Aggravated assault, sexual assault, or aggravated sexual assault.
(2) Arson.
(3) Murder, capital murder, or criminal attempt to commit murder.
(4) Indecency with a child.
(5) Aggravated kidnapping.
(6) Behavior related to an alcohol or drug offense that could be punishable as a felony
under the Texas Health and Safety Code.
(7) Aggravated robbery under section 29.03, Penal Code.
(8) Manslaughter under Section 19.04, Penal Code.
(9) Criminally negligent homicide, under Section 19.05, Penal Code.
(d) A student must be expelled if the student engages in any of the offenses identified in
Section 2(a)-(c), above, against any employee or volunteer in retaliation for or as a result
of the person’s employment or association with a school district, without regard to
whether the conduct occurs on or off of school property or while attending a school-
sponsored or school-related activity on or off of school property.
Page 15
CCISD Student Code of Conduct
Revised April 2006
Page 15 of 17
3. Expulsion Procedure and Appeal
(a) Authority – The Board of Trustees delegates the authority to expel students to the
Superintendent of Schools.
(b) Written Notice – The parent(s)/guardian(s) of a student accused of committing an
expellable offense shall be advised in writing of the alleged offense and the recommended
disciplinary action.
(c) Informal Conference – A student accused of committing an expellable offense is entitled to
participate in an informal conference with the principal or the principal’s designee and the
student’s parent(s)/guardian(s). Unless otherwise agreed by the principal and the
student’s parent(s)/guardian(s), such conference shall be conducted no later than three
(3) school days after the principal or principal’s designee is first advised of the alleged
offense(s). The student’s parent(s) or guardian(s) shall be advised in writing of the date
and time of the meeting.
The purpose of the conference is to informally review the circumstances and evidence
upon which the recommendation for expulsion is based. A student’s parent(s)/guardian(s)
may elect to waive the right to participate in a conference. Additionally, if the student’s
parent(s)/guardian(s) fails to attend a conference after reasonable attempts have been
made to notify the parent/guardian of the date and time of the meeting, the principal or
principals designee may proceed in the absence of the student, parent/guardian, and/or
other adult representing the student.
At the conclusion of the informal conference, the principal or principal’s designee shall
inform, in writing, the student and the student’s parent/guardian or other adult
representative of the outcome of the conference. A copy of such written notice shall also
be forwarded to the Superintendent of Schools.
(d) Appeal – A student’s parent/guardian may appeal a recommendation for expulsion to the
Superintendent of Schools by submitting a written request for a hearing to the
Superintendent’s office within three (3) school days of receipt of the recommendation.
Failure to request an appeal within the designated time will result in the Superintendent’s
acceptance of the recommendation for expulsion. Upon acceptance of the
recommendation, the Superintendent of Schools shall issue an Order of Expulsion. If the
period of expulsion is inconsistent with the guidelines herein, the order must give notice of
the inconsistency.
Pending the outcome of the hearing process described below, the principal or principal’s
designee may place the student in: (1) another appropriate classroom; (2) in-school
suspension; (3) out-of-school suspension for a maximum of three (3) days; (4) an
alternative education program; and/or (5) any combination of the foregoing.
Upon receipt of a notice of appeal, the Superintendent shall convene an impartial
evidentiary hearing to consider the proposed expulsion. The Superintendent may elect, at
his/her option, to refer the matter to a hearing officer or a panel consisting of three (3)
administrators designated to act on the Superintendent’s behalf. In the event a hearing
officer panel is appointed, he/she the panel members shall prepare a written
recommendation to the Superintendent based upon the evidence presented at the hearing.
A student appealing a recommendation for expulsion is entitled to receive procedural due
process as required by the federal and state constitutions. Procedural rights include:
(i) The right to be represented by legal counsel or an adult who is not a District
employee, unless the District employee is the student’s parent/guardian.
(ii) Prior notice of potential witnesses for the District.
(iii) An opportunity to testify and present evidence and witnesses in the student’s
defense.
(iv) An opportunity to question the District’s witnesses.
Expulsion hearings shall be recorded in some manner, either by a court reporter or audio
recording.
Page 16
CCISD Student Code of Conduct
Revised April 2006
Page 16 of 17
Following the conclusion of the hearing described above, the Superintendent shall advise
the student’s parent(s)/guardian(s) of his/her decision with respect to the proposed
expulsion. The Superintendent shall expressly advise the parent(s)/guardian(s) or the
reasons and basis for his/her decision.
(e) Board Review – A student’s parent(s)/guardian(s) may appeal the decision of the
Superintendent to the Board of Trustees by submitting a written request to the
Superintendent within two (2) school days of receipt of the decision. The Superintendent
shall provide the parent(s)/guardian(s) with written notice of the date, time, and place of
the Board’s review within five (5) school days of the receipt of the appeal request.
The Board’s review shall be based on the record developed before the Superintendent
and/or hearing officer below. The Board may, at its discretion, elect to hear brief oral
presentations of no longer than five (5) minutes each from the Superintendent or
Superintendent’s designee and the student or the student’s parent/guardian or other adult
representative. The Board’s review shall be conducted in closed session.
The Board may uphold or reverse the Superintendent’s decision. If the Board upholds the
expulsion decision, the Board shall direct the Superintendent to issue an Expulsion Order
within three (3) school days.
A student may appeal an adverse expulsion decision to state district court in accordance
with the provisions of the Texas Education Code.
4. Sanctions
Expelled students are prohibited from being on school grounds or attending school-related
extracurricular activities during the period of expulsion.
No District academic credit will be earned for work missed during the period of expulsion
unless the student is enrolled in a Juvenile Justice Alternative Education Program (JJAEP). All
expelled students will be referred to the JJAEP in the county in which they reside.
5. Length of Expulsion From School
If the expulsion occurs after the first six weeks of school, the student will be expelled for the
remainder of the fall semester and the entire spring semester. If the expulsion occurs after
the fourth six weeks of school, the student will be expelled for the remainder of the spring
semester and the entire fall semester of the following school year. The period of expulsion
may not exceed one year unless, after a review, the District determines that the student is a
threat to safety of other students or to District employees or extended placement is in the best
interest of the student.
State and federal laws require a student to be expelled from the regular classroom for a period
of at least one calendar year for bringing a firearm, as defined by federal law, to school.
However, the Superintendent may modify the length of the expulsion on a case-by-case basis.
The District may provide educational services to the expelled student in a JJAEP.
An expelled student may be readmitted on the recommendation of the Placement Review
Committee of the District while the student is completing any court disposition requirements
the court imposes. The student may not be returned to the teacher's class where the offense
occurred without the teacher's consent.
After the student has successfully completed any court disposition requirements the court
imposes, including conditions of a deferred prosecution ordered by the court or such
conditions required by the prosecutor or probation department, the District may not refuse to
admit the student if the student meets the requirements for admission. However, the District
may place the student in a disciplinary AEP.
6. Additional Misconduct During Expulsion
Page 17
CCISD Student Code of Conduct
Revised April 2006
Page 17 of 17
If, during the term of expulsion, a student engages in additional conduct for which placement
in a disciplinary AEP or expulsion is required or permitted, additional proceedings may be
conducted regarding that conduct, and the principal or Board, as appropriate, may enter an
additional order as a result of those proceedings.
E. Emergency Procedures
1. Emergency Removal to Disciplinary AEP
The principal or principal’s designee may immediately remove a student to a disciplinary AEP
for behavior that is so unruly, disruptive, or abusive that the teacher cannot communicate with
the class. The reason for removal must be a reason for which placement in a disciplinary AEP
may be made on a nonemergency basis. Within a reasonable time after the emergency
placement, but not later than the 10
th
day after the date of the placement, the student shall
be accorded the same due process applicable to nonemergency disciplinary AEP placements.
2. Emergency Expulsion from School
In an emergency, the principal or principal’s designee may immediately order the expulsion
when people or property are in imminent harm if the principal or principal’s designee
reasonably believe that such action is necessary to protect persons or property from imminent
harm.
When an emergency expulsion occurs, the student will be given oral notice of the reason for
the action. The reason must be a reason for which expulsion may be made on a
nonemergency basis. Within a reasonable amount of time after the emergency expulsion, but
not later than the 10
th
day after the day of the expulsion, the student will be given appropriate
due process. The due process is the same, as outlined in this code, as for a student facing
expulsion. If emergency expulsion involves a student with disabilities who receives special
education services, the term of the student’s emergency expulsion is subject to the
requirements of federal law and regulations and must be consistent with the consequences
that would apply to a student without a disability.
F. Placement in a Juvenile Justice Alternative Education Program (JJAEP)
State law requires the Harris County and Galveston County Juvenile Boards to develop a juvenile
justice alternative education program, which provides educational services to certain students who
have been expelled.
The Board of Trustees will enter into a Memorandum of Understanding with the county juvenile
board outlining the juvenile board’s responsibilities concerning the establishment and operation of
the JJAEP and conditions on payments from the District to the juvenile board. An agreement
between the school District and the county must provide for an expelled student to immediately
attend the JJAEP from the date of expulsion. Students who are not eligible for admission in the
JJAEP must be provided an educational program by the District.
G. Continuation of Disciplinary Placement/Withdrawals
If a student withdraws from CCISD before an order for placement in a disciplinary AEP or
expulsion is entered, the principal may complete the proceedings and enter an order. If the
student subsequently enrolls in CCISD during the same or subsequent school year, the district
may enforce the order at that time, except for any period of the placement or expulsion that has
been served by the student on enrollment in another district that honored the order. If CCISD
enrolls the student, the principal shall inform each educator who has responsibility for, or is under
the direction or supervision of an educator who has responsibility for, the instruction of a student
who has engaged in conduct for which removal is required by Texas Education Code Section
37.006 of the student’s misconduct. Each educator shall keep this information confidential. If the
principal or Board fails to enter an order after the student withdraws, the next district in which the
student enrolls may complete the proceedings and enter an order.
Page 18
Clear Creek ISD
FM
084910
(EXHIBIT A)
Clear Creek Independent School District
Policy FM Regulation
Extracurricular Student Activities Code of Conduct
Student/Parent Signature Form
Academic School Year:
_______________________________
_______________________________
Full Name
School
____________________________________________________________________
Home Address
______________________________
_______________________________
Home Phone Number
Current Grade
I have received and accept the CCISD Student/Parent Handbook, Extracurricular Rules of
Conduct, and _______________ organization’s rules/constitution. I have reviewed and
accept these handbooks and rules. I agree to follow these guidelines and expectations.
_______________________________
_______________________________
Student’s Signature
Parent’s Signature
_______________________________
_______________________________
Date
Date
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