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Canyon Independent School District
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2021-2022
STUDENT CODE OF CONDUCT
Canyon ISD Support Center
3301 North 23rd Street
Canyon, TX 79015
806-677-2600
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ACKNOWLEDGMENT
Student Code of Conduct (SCC)
Dear Student and Parent:
As required by state law, the Canyon ISD Board of Trustees has officially adopted the 2021-2022 Student Code of
Conduct (SCC) in order to promote a safe and orderly learning environment for every student.
We urge you to read the Student Code of Conduct as well as the Student Handbook and discuss the contents of
each with your family. If you have any questions about the required conduct and consequences for misconduct, we
encourage you to ask for an explanation from the student’s teacher or campus administrator.
As a part of the online registration process, you completed the acknowledgement of online availability of the CISD
Student Code of Conduct and were directed to the district website at www.canyonisd.net where the Student Code
of Conduct is easily accessed. Your acknowledgement indicates your understanding that the Student Code of
Conduct contains information that you and your child may need during the school year and that all students will be
held accountable for their behavior. It also indicates that students will be subject to the disciplinary consequences
outlined in the Student Code of Conduct.
A refusal to sign this acknowledgement in no way prevents the district from enforcing the rules and consequences
as written. It is important to note that every effort is made to ensure that district practices and procedures follow
district policies. Since 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 SCC and the Student Handbook the SCC shall prevail. If there is a
conflict between the SCC and district policy, the SCC will prevail. The district policies can be found on the CISD
website at www.canyonisd.net.
Sincerely,
Dr. Darryl Flusche
Superintendent
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Table of Contents
Student Code of Conduct ..............................................................................................................................................................7
Accessibility ......................................................................................................................................................................7
Purpose ............................................................................................................................................................................7
Additional Rules ..............................................................................................................................................................7
Non-discrimination .........................................................................................................................................................8
Effect of Student Withdrawal ........................................................................................................................................8
School District Authority and Jurisdiction ..................................................................................................................................8
Campus Behavior Coordinator.......................................................................................................................................8
Threat Assessment and Safe and Supportive School Team ......................................................................................9
Searches ...........................................................................................................................................................................9
Reporting Crimes ............................................................................................................................................................9
Security Personnel ..........................................................................................................................................................9
Transfer Agreement ........................................................................................................................................10
‘Parent’ Defined ............................................................................................................................................................10
Participating in Graduation Activities ........................................................................................................................10
Unauthorized Persons ..................................................................................................................................................10
Standards for Student Conduct .................................................................................................................................................11
General Conduct Violations........................................................................................................................................................11
Disregard for Authority ................................................................................................................................................11
Misconduct Involving Others .......................................................................................................................................12
Property Offenses .........................................................................................................................................................13
Possession or Use of Prohibited Items .......................................................................................................................13
Drugs: Illegal Prescription, and Over-the-Counter Drugs ........................................................................................14
Misuse of Technology, Telecommunications Devices, and the Internet ...............................................................14
Safety or Disruption.......................................................................................................................................................16
Miscellaneous Offenses............................................................................................................................................16
Discipline Considerations & Techniques ..................................................................................................................................17
Students with Disabilities .............................................................................................................................................17
Discipline Techniques ...............................................................................................................................................17
Prohibited Aversive Techniques ..................................................................................................................................18
Notice of Disciplinary Action .......................................................................................................................................19
Discipline Appeals .........................................................................................................................................................19
Removal From the School Bus ...................................................................................................................................................20
Removal from the Classroom.....................................................................................................................................................20
Routine Teacher Referral..............................................................................................................................................20
Formal Teacher Removal..............................................................................................................................................20
Placement During Formal Teacher Removal...........................................................................................................20
Returning Student to Classroom after Formal Teacher Removal ..........................................................................21
In-School Suspension (ISS) .........................................................................................................................................................21
Reason ............................................................................................................................................................................21
Process ......................................................................................................................................................................21
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Out-of-School Suspension (OSS) ................................................................................................................................................21
Reason ............................................................................................................................................................................21
Process ........................................................................................................................................................................22
Coursework During Suspension ..................................................................................................................................22
Disciplinary Alternative Education Program (DAEP) Placement............................................................................................22
Discretionary DAEP Placement....................................................................................................................................23
School-Related ................................................................................................................................................23
Off-Campus ......................................................................................................................................................23
Regardless of Location ...................................................................................................................................23
Mandatory DAEP Placement........................................................................................................................................24
School-Related ................................................................................................................................................24
Off-Campus ......................................................................................................................................................24
Regardless of Location ...................................................................................................................................25
Sexual Assault and Campus Assignments ..................................................................................................................25
Procedures for DAEP Placement .............................................................................................................................25
Conference ......................................................................................................................................................25
Interim Placement ..........................................................................................................................................25
Consideration of Mitigating Factors .............................................................................................................25
DAEP Placement Order ..................................................................................................................................26
Coursework Notice .........................................................................................................................................26
Length of Placement in DAEP ......................................................................................................................................26
DAEP Appeals............................................................................................................................................................27
Restrictions During Placement ....................................................................................................................................27
No Participation in Activities While in DAEP ..............................................................................................27
Transportation ................................................................................................................................................27
Impact on Graduation ....................................................................................................................................27
Periodic Review of Placement......................................................................................................................................27
Additional Misconduct While in DAEP .......................................................................................................................28
Criminal Proceedings.....................................................................................................................................................28
Effect of Student Withdrawal ......................................................................................................................................28
Students Transferring Into CISD ..................................................................................................................................28
Emergency Placements ................................................................................................................................................29
Transition Services ........................................................................................................................................................29
Placement and/or Expulsion for Certain Offenses .................................................................................................................29
DAEP Rules for Registered Sex Offenders..................................................................................................................29
Placement ........................................................................................................................................................29
Review Committee .........................................................................................................................................29
Newly Enrolled Students ................................................................................................................................30
Appeals for Registered Sex Offenders .........................................................................................................30
Title 5 Felonies ..............................................................................................................................................................30
Hearing and Required Findings .....................................................................................................................30
Length of Placement ......................................................................................................................................31
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Placement Review ..........................................................................................................................................31
Newly Enrolled Students ...............................................................................................................................31
Expulsion ......................................................................................................................................................................................31
Discretionary Expulsion ................................................................................................................................................32
School-Related ................................................................................................................................................32
Three Hundred Feet .......................................................................................................................................32
Regardless of Location ....................................................................................................................................33
Property of Another District ..........................................................................................................................33
While in DAEP ..................................................................................................................................................33
Mandatory Expulsion....................................................................................................................................................34
Under Federal Law ..........................................................................................................................................34
Under the Penal Code .....................................................................................................................................34
Regardless of Location ....................................................................................................................................35
Under Age 10 .................................................................................................................................................................35
Procedures for Expulsion .............................................................................................................................................35
Hearing .............................................................................................................................................................35
Interim Placement ..........................................................................................................................................35
Expulsion Order ...............................................................................................................................................35
Length of Expulsion .......................................................................................................................................................36
Effect of Student Withdrawal ......................................................................................................................................36
Additional Misconduct .................................................................................................................................................36
Restrictions During Expulsion .....................................................................................................................................36
Academic Impact ............................................................................................................................................36
Participation in Activities ...............................................................................................................................37
Students Transferring into CISD ..................................................................................................................................37
Emergency Expulsion Procedures ...............................................................................................................................37
Expulsion Appeals..........................................................................................................................................................37
DAEP Placement of Expelled Students........................................................................................................................38
Transition Services ......................................................................................................................................................................38
Student Code of Conduct on School Buses...............................................................................................................................38
Glossary ........................................................................................................................................................................................43
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2021-2022 STUDENT CODE OF CONDUCT (SCC)
Accessibility
If you have difficulty accessing the information in this document because of disability, please contact The
Administrative Assistant to the Assistant Superintendent of Student Services (connie.haynes@canyonisd.net).
Purpose
The Canyon ISD Board of Trustees adopted this Student Code of Conduct (SCC) to promote a safe, secure, and
optimal learning environment for all students. Inside you will find information regarding:
Canyon ISD’s discipline management plan
A description of prohibited conduct
The disciplinary options, methods, and consequences for preventing and addressing student misconduct
The process the District will follow when administering disciplinary consequences
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, out-of-school suspension, placement in a
disciplinary alternative education program (DAEP), or expulsion from school.
This Student Code of Conduct has been adopted by the Canyon ISD 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. The Code remains in effect
during summer school and at all school-related events and activities outside of the school year until an updated
version adopted by the board becomes effective for the next school year.
In accordance with Texas state law, the SCC will be available for review at the office of the campus principal.
Additionally, the SCC shall be posted on the District’s website at www.canyonisd.net. Parents shall be notified of
any conduct violation that may result in a student being suspended, placed in a DAEP, expelled, or taken into
custody by a law enforcement officer under Chapter 37 of the Education Code.
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 SCC and the Student Handbook, the SCC shall prevail. If there is a conflict
between the SCC and district policy, the SCC will prevail. See policies FN (Local) and FO (Local) for more details.
Additional Rules
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. For more information about those specific procedures, please contact the Director of Special Services.
All students may also be subject to campus, classroom, extracurricular, and/or organization rules in addition to
those found in the SCC. Students may face consequences under these additional rules as well as possible
disciplinary action under the SCC. Further, to the extent a student engages in misconduct that is not specifically
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Threat Assessment and Safe and Supportive School Team
Campus administrators will work closely with the campus threat assessment and safe and supportive school team
to implement the district’s threat assessment policy and procedures, as required by law, and shall take appropriate
disciplinary action in accordance with the Code of Conduct.
Searches
District officials may conduct searches of students, their belongings, and their vehicles in accordance with state and
federal law and district policy. Searches of students shall be conducted in a reasonable and nondiscriminatory
manner. Refer to the district’s policies at FNF legal and FNF local for more information regarding investigations and
searches.
The district uses specially trained non-aggressive dogs to sniff out and alert officials to the current presence of
articles or materials prohibited by the district. Such visits shall be unannounced and shall follow these procedures:
Lockers may be sniffed by trained dogs at any time.
Vehicles parked on school property may be sniffed by trained dogs at any time.
Classrooms and other common areas may be sniffed by trained dogs at any time when students are not
present.
The dogs shall not be used with students.
Desks, lockers, district-provided technology, and similar items are the property of the district and are provided for
student use as a matter of convenience. District property is subject to search or inspection at any time without
notice.
A student’s outer clothing, pockets, personal property, electronic equipment, vehicle, or school property used by
the student (such as lockers or desks) may be searched when there is reasonable cause to believe the search will
reveal articles or materials prohibited by the district. Students are responsible for ensuring that any personal
property, vehicle, or school property used by the student does not contain prohibited items. Students may be
disciplined for possession of prohibited items discovered during a search. For more information about searches,
please see the Student Handbook.
Reporting Crimes
School administrators shall report crimes as required by law and shall call local law enforcement when an
administrator suspects that a crime has been committed on campus. Certain acts of misconduct may constitute
criminal offenses in addition to violations of the SCC. Because school discipline is independent of criminal
proceedings, disciplinary consequences may not be postponed pending the outcome of any criminal proceeding or
affected by the outcome of any criminal proceeding.
Security Personnel
To ensure sufficient security and protection of students, staff, and property, Canyon ISD employs 7 school resource
officers (SROs). In accordance with law, the board has coordinated with campus administration and other district
employees to ensure appropriate law enforcement duties are assigned to security staff.
The duties of Canyon ISD School Resource Officers include:
1. Enhancing public relations with students by providing positive contact.
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2. Serving as a community and parent resource within the school district.
3. Providing education programs on a variety of law related topics including crime prevention, legal rights, and
narcotics.
4. Serving as a support person for students seeking legal advice.
5. Investigating campus crimes, which includes interviewing student witnesses and student suspects.
6. Acting as a deterrent for illegal activities on campus.
7. Dealing with campus trespassers.
8. Serving as the sponsor for the Student Crime-Stoppers Program.
Transfer Agreement
A transfer student shall be notified in the written transfer agreement that he or she must follow all rules and
regulations of the district. Violation of the terms of the agreement may result in a transfer request not being
approved the following year. See policy FDA local.
‘Parent’ Defined
Throughout the Code of Conduct and related discipline policies, the term ‘parent’ includes a parent, legal guardian,
or other person having lawful control of the child.
Participating in Graduation Activities
The district has the right to limit a student’s participation in graduation activities for violating the district’s Student
Code of Conduct.
The valedictorian, salutatorian, and the next highest academically ranked graduating senior who agrees to speak
may have speaking roles at graduation. No student shall be eligible to have such a speaking role if he or she
engaged in any misconduct in violation of the district’s Student Code of Conduct resulting in an out-of-school
suspension, removal to a DAEP, or expulsion during the final two semesters prior to graduation. See policy FNA
local. See Other DAEP Issues on page 24, for information regarding a student assigned to DAEP at the time of
graduation.
Unauthorized Persons
In accordance with Education Code 37.105, a school administrator, school resource officer (SRO), or district police
officer shall have the authority to refuse entry or eject a person from district property if the person refuses to leave
peaceably on request and:
The person poses a substantial risk of harm to any person; or
The person behaves in a manner that is inappropriate for a school setting, and the person persists in the
behavior after being given a verbal warning that the behavior is inappropriate and may result in refusal of
entry or ejection.
Appeals regarding refusal of entry or ejection from district property may be filed in accordance with policy FNG
local or GF local, as appropriate. However, the timelines for the district’s grievance procedures shall be adjusted as
necessary to permit the person to address the board in person within 90 calendar days, unless the complaint is
resolved before a board hearing.
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Misconduct Involving Others
Students shall not:
Use profanity or vulgar language or make obscene gestures.
Fight or scuffle; (For assault see DAEP Placement and Expulsion)
Threaten a district student, employee, or volunteer, including off school property, if the conduct causes a
substantial disruption to the educational environment.
Engage in bullying, cyberbullying, harassment, or making hit lists; (see glossary)
Release or threaten to release intimate visual material of a minor or a student who is 18 years of age or
older without the student’s consent.
Engage in harassment (see glossary) by any means toward another student or a district employee, official,
or volunteer, including harassment motivated by race, color, religion, national origin, disability, sex or age;
Engage in sexual or gender-based harassment or sexual abuse, whether by word, gesture, or any other
conduct, directed toward another person, including a district student, employee, board member, or
volunteer;
Circulate stories, reports, or statements that are abusive, obscene, sexually oriented, threatening,
harassing, damaging to another’s reputation, or illegal, including off school property if the conduct causes a
substantial disruption to the educational environment, including cyberbullying; (see glossary)
Participate in name-calling, ethnic or racial slurs or derogatory statements that school employees
reasonably believe could substantially disrupt the school environment or incite violence;
Engage in oral or written threats, including threats to cause harm or bodily injury (see glossary) to another
student, a district employee, official, or volunteer, or school property, including threats made using the
Internet or other technology resources at school. Students may be disciplined for threats made outside of
school, including website or Internet postings, if the threat causes a material or substantial disruption at
school;
Engage in conduct that constitutes dating violence; (see glossary)
Engage in inappropriate verbal, physical, written, or sexual conduct directed toward another person,
including a district student, employee, or volunteer regardless of whether it is consensual;
Participate in hazing; (see glossary)
Subject a student or district employee, official, or volunteer to physical confinement or restraint;
Force an unwilling person to act or not act or obtain money or another object of value from an unwilling
person through duress, threats, force, extortion, coercion, or blackmail;
Participate in consensual touching, or other public displays of affection that interfere with, detract, or
disrupt the school environment;
Add any substance, whether harmful or not, without permission to any food or beverage belonging to, in
the possession of, or meant to be consumed by another student or district employee, official, or volunteer;
Wrongfully obtain and use another person’s identifying information or personal data without permission in
order to mislead, defraud, or deceive;
Engage is inappropriate or indecent exposure of private body parts;
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a pocketknife, or any other small knife; (For illegal knife, see Expulsion)
*A location-restricted knife;
*A club;
*A firearm;
A firearm silencer or suppressor;
mace, pepper spray, or other small chemical dispenser sold commercially for personal protection;
poisons, caustic acids, or other materials that may be toxic to the human body;
material that is sexually-oriented, pornographic, obscene, or reveals a person’s private body parts;
material, including published or electronic items, that promotes or encourages illegal behavior or could
threaten school safety;
a laser pointer for other than an approved use;
CD or DVD players, cassette players, electronic games, MP3 players, stereo head sets, or other electronic
equipment for other than approved use;
any article not generally considered to be a weapon, including school supplies, when the administrator
determines that a danger exists or when used in a way that threatens or inflicts bodily injury to another.
*For weapons and firearms, see DAEP Placement and Expulsion. In many circumstances, possession of these items
is punishable by mandatory expulsion under federal or state law.
Prohibited items, other than vapes, when confiscated by the administration, may be held until the conclusion of the
school year. If a student is caught with a vape, it will be confiscated and will not be returned.
Drugs: Illegal Prescription, Over-the-Counter Drugs
Students shall not:
Possess, use, give, or sell alcohol or an illegal drug. (Also see DAEP Placement and Expulsion for mandatory
and permissive consequences under state law.)
Possess or sell seeds or pieces of marijuana in less than a usable amount;
Possess, use, give, or sell paraphernalia (see glossary) related to any prohibited substance;
Possess or sell look-alike drugs or attempt to pass items off as drugs or contraband;
Abuse (see glossary) the student’s own prescription drug, give a prescription drug to another student, or
possess or be under the influence of another person’s prescription drug on school property or at a school- related event;
Abuse (see glossary) over-the-counter drugs;
Be under the influence (see glossary) of over-the-counter drugs that cause impairment of the physical or
mental faculties;
Possess, deliver or take prescription drugs or over-the-counter drugs at school other than as provided by
district policy.
Misuse of Technology, Telecommunications Devices, and the Internet
Students shall not:
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Use a telecommunications device, including a cellular telephone, smart device, or other electronic device in
violation of district and campus rules;
Violate policies, rules, or agreements signed by the student or the student’s parent regarding the use of
technology resources;
Attempt or successfully access or circumvent passwords or other security-related information of the
district, students, officials, volunteers or employees by any means, upload or create computer viruses,
worms, or other harmful material including off school property if the conduct causes a substantial
disruption to the educational environment;
Attempt or successfully alter, destroy, interrupt, or disable district technology resources including but not
limited to computers and related equipment, district data, the data of other users of the district’s
computer system, or other networks connected to the district’s system, including off school property, if the
conduct causes a substantial disruption to the educational environment;
Use the Internet or other electronic communications to threaten or harass district students, employees, or
volunteers, including off school property if the conduct causes a substantial disruption to the educational
environment or infringes on the rights of another student at school;
Use the name, persona, or image of a student, district employee, or volunteer to create a web page or post
one or more messages on a website without the other person’s consent for purposes of harassing,
intimidating, embarrassing, or threatening another;
Send, post, deliver, or possess electronic messages that are abusive, obscene, sexually oriented,
threatening, harassing, damaging to another’s reputation, or illegal, including cyber-bullying and "sexting,"
either on or off school property if the conduct causes a material or substantial disruption to the educational
environment or infringes on the rights of another student at school;
Use any device or technology to record the voice or image of another in any way that disrupts the
educational environment or invades the privacy of others or to record the voice or image of another
without the prior consent of the individual being recorded;
Use any device or technology that permits recording the voice or image of another to take, disseminate,
transfer, circulate, exhibit, present, or share audio, images, video, or photos that reveal private parts of the
body that are normally covered by clothing (sexting);
Use the Internet or other electronic communication, or electronic devices to engage in or encourage illegal
behavior, violations of the SCC, or to threaten school safety including off school property if the conduct
causes a substantial disruption to the educational environment or infringes on the rights of another student
at school;
Copy, download, reproduce, distribute, retransmit, redisplay, or modify items from the district’s or a
campus’s website for other than the approved purpose;
Use any device or technology to copy or capture an image or the content of any district materials (such as
tests or exams) without permission of a teacher or administrator;
Engage in any of the above forms of technological misconduct outside of school when such conduct causes
a material or substantial disruption at school as determined by school administrators.
NOTE: Students will not be disciplined for technological misconduct related to possessing items described
above as long as the student (1) did not contribute to creation of the item in any way, (2) possessed it only after
receiving the item unsolicited from another, (3) either promptly destroyed the item or reported it to a school
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employee as soon as possible, and (4) did not provide a copy, forward, or re-post the item to anyone other than
law enforcement, a school employee, or the student’s parent/guardian.
Safety or Disruption
Students shall not:
Possess published or electronic material that is designed to promote or encourage illegal behavior or that
could threaten school safety;
Make or participate in false statements or hoaxes regarding school safety;
Engage in any conduct that substantially disrupts or materially interferes with school activities or that gives
school officials reasonable cause to believe that such conduct will substantially disrupt the school program
or incite violence;
Engage in verbal (oral or written) exchanges that threaten the safety of another student, a school
employee, volunteer, or school property;
Throw objects that can cause bodily injury or property damage;
Discharge a fire extinguisher or cause the sprinkler system to activate when there is no smoke, fire, danger,
or emergency;
Fail to immediately report to a school employee knowledge of a potentially dangerous device, object,
substance, or event that could cause harm to self or others;
Create an unwarranted or unreasonable risk of harm to others.
Miscellaneous Offenses
Students shall not:
Use profanity or vulgar language or make obscene gestures;
Violate dress and grooming standards as communicated in the Student Handbook;
Engage in academic dishonesty, which includes cheating, copying the work of another student, plagiarism
or other academic dishonesty;
Fail to comply with guidelines applicable to student speakers who are speaking at school-sponsored or
school-related events;
Gamble or bet money or other things of value;
Falsify, alter, forge, or destroy school records, passes, or other school-related documents or documents
presented to district employees;
Lie or lead others to believe something that is not truthful;
Engage in actions or demonstrations that substantially disrupt or materially interfere with school activities;
Repeatedly violate other communicated campus or classroom standards of conduct;
Assist, encourage, promote, or attempt to assist another student in violating the Student Code of Conduct;
Participate in inappropriate exposure of a student’s private body parts which are ordinarily covered by
clothing, including through such acts as mooning, streaking, or flashing;
Violate rules for operating or parking a motor vehicle on school property;
Post or distribute unauthorized communicative materials on school premises.
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The district may impose campus or classroom rules in addition to those found in the Code. These rules may be
posted in classrooms or given to the student and may or may not constitute violations of the Code.
DISCIPLINE CONSIDERATIONS & TECHNIQUES
Discipline shall be designed to improve conduct and to encourage students to adhere to their responsibilities as
members of the school community. Disciplinary action shall draw on the professional judgment of teachers and
administrators and on a range of discipline management techniques, including restorative practices. Discipline shall
be based on the seriousness of the offense and risk of danger, the student’s age and grade level, the frequency of
misbehavior, the student’s attitude, the effect of the misconduct on the school environment, the student’s
disciplinary history, and statutory requirements.
When deciding to order out-of-school suspension, DAEP placement, or expulsion, the district will also consider self- defense, and the student’s intent or lack of intent at the time of the misconduct.
A student who, upon investigation, is found to be subject to bullying will not be disciplined on the basis of using
reasonable self-defense in response to the bullying, as determined by the principal.
Students with Disabilities
The discipline of students with disabilities is subject to applicable state and federal law in addition to the Student
Code of Conduct. To the extent any conflict exists, the district shall comply with federal law. For more information
regarding discipline of students with disabilities, see policy FOF legal.
In accordance with the Education Code, a student who receives special education services may not be disciplined
for conduct meeting the definition of bullying, cyberbullying, harassment, or making hit lists (see definitions) until
an ARD committee meeting has been held to review the conduct.
In deciding whether to order suspension, DAEP placement, or expulsion, regardless of whether the action is
mandatory or discretionary, the district shall take into consideration a disability that substantially impairs the
student’s capacity to appreciate the wrongfulness of the student’s conduct.
Discipline Techniques
The following discipline management techniques may be used—alone or in combination—for behavior prohibited
by the Student Code of Conduct or by campus or classroom rules:
Verbal correction, oral or written
Cooling-off time or a brief “time-out” period, in accordance with the law.
Seating changes within the classroom or vehicles owned or operated by the district.
Temporary confiscation of items that disrupt the educational process.
Rewards or demerits.
Behavioral contracts.
Counseling by teachers, counselors, or administrative personnel.
Parent-teacher conferences.
Behavior Coaching.
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Anger management classes.
Mediation (victim-offender).
Classroom circles.
Family group conferencing.
Grade reductions for cheating, plagiarism, and as otherwise permitted by policy.
Detention, including outside regular school hours.
Sending the student to the office or other assigned area, or to in-school suspension.
Stay Away Agreements.
Assignment of school duties such as cleaning or picking up litter.
Withdrawal of privileges, such as participation in extracurricular activities, eligibility for seeking and holding
honorary offices, or membership in school-sponsored clubs and organizations.
Penalties identified in individual student organizations’ extracurricular standards of behavior.
Restriction or revocation of district transportation privileges.
School-assessed and school-administered probation.
Out-of-school suspension, as specified in the Out-of-School Suspension section of this SCC.
Placement in a DAEP, as specified in the DAEP section of this SCC.
Placement and/or expulsion in an alternative educational setting, as specified in the Placement and/or
Expulsion for Certain Offenses section of this SCC.
Expulsion, as specified in the Expulsion section of this SCC.
Citation or ticket from the School Resource Officer.
Referral to an outside agency or legal authority for criminal prosecution in addition to disciplinary measures
imposed by the district.
Other strategies and consequences as determined by school administrators.
Please note: Corporal punishment is prohibited in Canyon ISD.
Prohibited Aversive Techniques
Aversive techniques are prohibited for use with students and are defined as techniques or interventions intended
to reduce the reoccurrence of a behavior by intentionally inflicting significant physical or emotional discomfort or
pain. Aversive techniques include:
Using techniques designed or likely to cause physical pain.
Using techniques designed or likely to cause physical pain by electric shock or any procedure involving
pressure points or joint locks.
Directed release of noxious, toxic, or unpleasant spray, mist, or substance near a student’s face.
Denying adequate sleep, air, food, water, shelter, bedding, physical comfort, supervision, or access to a
restroom facility.
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Ridiculing or demeaning a student in a manner that adversely affects or endangers the learning or mental
health of the student or constitutes verbal abuse.
Employing a device, material, or object that immobilizes all four of a student’s extremities, including prone
or supine floor restraint.
Impairing the student’s breathing, including applying pressure to the student’s torso or neck or placing
something in, on, or over the student’s mouth or nose or covering the student’s face.
Restricting the student’s circulation.
Securing the student to a stationary object while the student is standing or sitting.
Inhibiting, reducing, or hindering the student’s ability to communicate.
Using chemical restraints.
Using time-out in a manner that prevents the student from being able to be involved in and progress
appropriately in the required curriculum or any applicable individualized education program (IEP) goals,
including isolating the student by the use of physical barriers.
Depriving the student of one or more of the student’s senses, unless the technique does not cause the
student discomfort or complies with the student’s IEP or behavior intervention plan (BIP).
Notice of Disciplinary Action
The principal or appropriate administrator shall promptly notify a student’s parent by phone, or in person of any
violation that may result in in-school suspension, out-of-school suspension, placement in a DAEP, or expulsion. The
administrator shall also notify a student’s parent if the student is taken into custody by a law enforcement officer
under the disciplinary provisions of the Education Code.
A good faith effort shall be made on the day the action was taken to provide to the student for delivery to the
student’s parent written notification of the disciplinary action. If the parent has not been reached by telephone or
in person by 5:00 p.m. of the first business day after the day the disciplinary action was taken, the administrator
shall send written notification by U.S. Mail.
Before the principal or appropriate administrator assigns a student under 18 to detention outside regular school
hours, notice shall be given to the student’s parent to inform him or her of the reason for the detention and permit
arrangements for necessary transportation.
Discipline Appeals
Appeals of disciplinary measures should be directed to the student’s teacher or campus principal, as described in
district policy FNG (Local). Depending on the disciplinary consequence assigned, different complaint procedures
may apply. The district's formal complaint policy described in FNG (Local) should be used when all other informal
appeals processes have been exhausted. A copy of FNG (Local) is available at the campus or central administration
office or online at www.canyonisd.net. The appropriate complaint forms can be obtained from the Administrative
Assistant to the Assistant Superintendent of Support Services or can be sent to you if you will call 677-2616.
Timelines for filing complaints stated in the policy will be strictly enforced.
The district shall not delay a disciplinary consequence while a student or parent pursues a grievance. In the
instance of a student who is accused of conduct that meets the definition of sexual harassment as defined by Title
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IX, the district will comply with applicable federal law, including the Title IX formal complaint process. See policies
FFH (legal) and (local).
REMOVAL FROM THE SCHOOL BUS
A bus driver may refer a student to the principal’s office to maintain effective discipline on the bus. The principal
must employ additional discipline management techniques, as appropriate, which can include restricting or revoking
a student’s bus riding privileges.
Since the district’s primary responsibility in transporting students in district vehicles is to do so as safely as possible,
the operator of the vehicle must focus on driving and not have his or her attention distracted by student
misbehavior. Therefore, when appropriate disciplinary management techniques fail to improve student behavior or
when specific misconduct warrants immediate removal, the principal or the appropriate administrator may restrict
or revoke a student’s transportation privileges, in accordance with law.
REMOVAL FROM THE CLASSROOM
In addition to other discipline management techniques, misconduct may result in removal from the regular
educational setting in the form of a routine referral or a formal removal.
A teacher or administrator may remove a student from class for a behavior that violates the Student Code of Conduct
to maintain effective discipline in the classroom.
Routine Teacher Referral
A routine referral occurs when a teacher sends a student to the principal’s office as a discipline management
technique. The principal may then employ additional techniques including progressive interventions. A teacher or
administrator may remove a student from class for a behavior that violates this Code to maintain effective
discipline in the classroom.
Formal Teacher Removal
A Formal Teacher Removal is different from a routine teacher referral. A teacher may initiate a formal removal
from class if:
The student’s behavior has been documented by the teacher as repeatedly interfering with the teacher’s
ability to teach his or her class or with the student’s classmates’ ability to learn; or
The behavior is so unruly, disruptive, or abusive that the teacher cannot teach, and the students in the
classroom cannot learn.
Within three school days of the formal removal, the appropriate administrator will schedule a conference with the
student’s parent, the student, the teacher who removed the student from the class, and any other appropriate
administrator.
At the conference, the administrator shall inform the student of the alleged misconduct and the proposed
consequences. The student shall have an opportunity to respond to the allegations.
Placement During Formal Teacher Removal
When a student is removed from the regular classroom by a teacher and a conference is pending, the principal may
place the student in:
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Another appropriate classroom
In-school suspension
Out-of-school suspension
DAEP
A teacher or administrator must remove a student from class if the student engages in behavior that under the
Education Code requires or permits the student to be placed in a DAEP or expelled. When removing for those reasons,
the procedures in the subsequent sections on DAEP or expulsion will be followed.
Returning Student to Classroom after Formal Teaching Removal
When a student has been formally removed from class by a teacher for conduct against the teacher containing the
elements of assault, aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, or
criminal attempt to commit murder or capital murder, the student may not be returned to the teacher’s class
without the teacher’s consent.
When a student has been formally removed by a teacher for any other conduct, the student may be returned to the
teacher’s class without the teacher’s consent, if the Placement Review Committee determines that the teacher’s
class is the best or only alternative available.
IN-SCHOOL SUSPENSION (ISS)
Reason
Students may be placed in ISS for any misconduct listed in any category of the SCC.
Process
The student will be informed of the reason for placement in ISS and be given an opportunity to respond before the
administrator’s decision is final. While in ISS the student will complete assignments from his or her teachers.
OUT-OF-SCHOOL SUSPENSION (OSS)
Reason
Students may be suspended for any misconduct listed in the SCC as a General Conduct Violation, DAEP offense, or
expellable offense. See sections that follow on DAEP and Expulsion.
The district shall not use out-of-school suspension for students in grade 2 or below unless the conduct meets the
requirements established in law.
A student below grade 3 or a student who is homeless shall not be placed in out-of-school suspension unless, while
on school property or while attending a school-sponsored or school-related activity on or off school property, the
student engages in:
Conduct that contains the elements of a weapons offense, as provided in Penal Code Section 46.02 or
46.05;
Conduct that contains the elements of assault, sexual assault, aggravated assault, or aggravated sexual
assault, as provided by the Penal Code; or
Selling, giving, or delivering to another person or possessing, using, or being under the influence of any
amount of marijuana, an alcoholic beverage, or a controlled substance or dangerous drug as defined by
federal or state law.
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The district shall use a positive behavior program as a disciplinary alternative for students below grade 3 who
commit general conduct violations instead of suspension or placement in a DAEP. The program shall meet the
requirements of law.
Process
State law allows a student to be suspended for no more than three school days per behavior violation, with no limit
on the number of times a student may be suspended in a semester or school year.
Before being suspended a student shall have an informal conference with the campus behavior coordinator or
appropriate administrator, who shall advise the student of the alleged misconduct. The student shall have the
opportunity to respond to the allegation before the administrator makes a decision.
The campus discipline administrator shall determine the number of days of a student’s suspension not to exceed
three school days.
In deciding whether to order out-of-school suspension, the administrator will take into consideration:
Self-defense (see glossary);
Intent or lack of intent at the time the student engaged in the conduct;
The student’s disciplinary history;
A disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s
conduct;
A student’s status in the conservatorship of the Department of Family and Protective Services (foster care),
A student’s status as homeless.
The appropriate administrator shall determine any restrictions on participation in school-sponsored or school- related extracurricular and co-curricular activities.
Coursework During Suspension
The district shall ensure a student receives access to coursework for foundation curriculum courses while the
student is placed in in-school or out-of-school suspension, including at least one method of receiving this
coursework that doesn’t require the use of the internet.
A student removed from the regular classroom to in-school suspension or another setting, other than a DAEP, will
have an opportunity to complete before the beginning of the next school year each course the student was enrolled
in at the time of removal from the regular classroom. The district may provide the opportunity by any method
available, including a correspondence course, another distance learning option, or summer school. The district will
not charge the student for any method of completion provided by the district.
DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM (DAEP) PLACEMENT
Canyon ISD’s DAEP is located at 1401 23rd, Canyon, TX. The district provides two DAEPs, one for students in grades
K-6 and a separate DAEP for students in grades 7-12. A student under age 6 will not be placed in DAEP unless the
student commits a federal firearm offense.
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Summer programs provided by the district shall serve students assigned to a DAEP in conjunction with other
students.
A student who is expelled for an offense that otherwise would have resulted in a DAEP placement does not have to
be placed in a DAEP in addition to the expulsion.
In deciding whether to place a student in a DAEP, regardless of whether the action is mandatory or discretionary,
the district will take into consideration:
Self-defense (see glossary);
Intent or lack of intent at the time the student engaged in the conduct;
The student’s disciplinary history;
A disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s
conduct.
A student’s status in the conservatorship of the Department of Family and Protective Services (foster care),
or
A student’s status as homeless.
Discretionary DAEP Placement
School-Related:
A student may be placed in DAEP for any of the following misconduct if committed while on school property, 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:
Commits any offense included in the list of “General Conduct Violations”;
Engages in serious (see glossary) or persistent (see glossary) misbehavior that violates this SCC;
Off-Campus:
A student may be placed in DAEP for engaging in the following misconduct while off-campus and not in attendance
at a school-sponsored or school-related activity:
If the administrator has reasonable belief (see glossary) that the student has engaged in conduct
punishable as a felony, other than aggravated robbery or those listed as offenses in Title 5 of the Penal
Code, if the student’s presence in the regular classroom threatens the safety of other students or teachers
or will be detrimental to the educational process;
Off-campus conduct for which DAEP placement is required by state law when the administrator does not
learn of the conduct until more than a year passes after the conduct occurred.
Regardless of Location:
A student may be placed in DAEP if the student engages in the following misconduct, regardless of whether the
conduct occurred on or off campus:
Engaging in bullying that encourages a student to commit or attempt to commit suicide.
Inciting violence against a student through group bullying.
Releasing or threatening to release intimate visual material of a minor or a student who is 18 years of age
or older without the student’s consent.
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Involvement with a public school fraternity, sorority, secret society, or gang (see glossary), including
participating as a member or pledge, or soliciting another person to become a pledge or member of a
public school fraternity, sorority, secret society, or gang.
Is involved with a criminal street gang (see glossary) or encourages, solicits, recruits, enables, or causes
another to become a member of a criminal street gang.
Commits criminal mischief, not punishable as a felony.
Commits an assault (no bodily injury) with threat of imminent bodily injury.
Commits an assault by offensive or provocative physical contact;
Is a registered sex offender (see glossary) who is not under any form of court supervision. (See DAEP Rules
for Registered Sex Offenders in a section later in this SCC.)
Mandatory DAEP Placement
School-Related:
A student must be placed in DAEP for any of the following misconduct if committed while on school property,
within 300 feet of school property as measured from any point on the school’s real property boundary line, or while
attending a school-sponsored or school-related activity on or off school property:
Engages in conduct punishable as a felony;
Commits an assault (see glossary) resulting in bodily injury (see glossary) to another (Penal Code
22.01(a)(1);
Sells, gives, delivers, possesses, uses, or is under the influence (see glossary) of marijuana, a controlled
substance, (see glossary), or a dangerous drug (see glossary), in any amount not punishable as a felony. A
student with a valid prescription for low-THC cannabis as authorized by Chapter 487 of the Health and
Safety Code does not violate this provision. The prescription must be on file with the district and will only
be administered under the direction of the school nurse;
Sells, gives, or delivers to another person an alcoholic beverage; commits a serious act or offense while
under the influence of alcohol; or possess, uses, or is under the influence of alcohol, if the conduct is not
punishable as a felony offense;
Behaves in a manner that contains the elements of an offense relating to abusable volatile chemicals (see
glossary);
Behaves in a manner that contains the elements of public lewdness (see glossary) or indecent exposure
(see glossary);
Engages in conduct that contains the elements of an offense of harassment against an employee under
Penal Code 42.07(a)(1), (2), (3), or (7).
Engages in expellable conduct and is between six and nine years of age;
Commits a federal firearms violation and is younger than six years of age.
Off-Campus:
A student must be placed in DAEP for engaging in a Title 5 felony offense listed under Title 5 of the Penal Code (see
glossary) or aggravated robbery while off-campus and not in attendance at a school-sponsored or school-related
activity if:
The student receives deferred prosecution (see glossary);
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1. Self-defense (see glossary)
2. Intent or lack of intent at the time the student engaged in the conduct
3. The student’s disciplinary history
4. A disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s
conduct
5. A student’s status in the conservatorship of the Department of Family and Protective Services (foster care),
or
6. A student’s status as homeless.
DAEP Placement Order
If the outcome of the conference is to place the student in DAEP, the administrator will issue a DAEP placement
order. If the length of placement differs from the guidelines included in the SCC, the DAEP placement order will
give notice of the inconsistency.
A copy of the DAEP placement order will be sent to the student and the student’s parent/guardian. For those
students placed in DAEP for a reason identified in section 52.04 of the Family Code, the district will also send the
juvenile court a copy of the DAEP placement order no later than the second business day after the placement
conference. A copy of the DAEP placement order will be included with any records sent to a school where the
student seeks to enroll. The enrolling school district has discretion to enforce the DAEP placement order.
Coursework Notice:
The parent or guardian of a student placed in DAEP shall be given written notice of the student's opportunity to
complete a foundation curriculum course in which the student was enrolled at the time of removal and which is
required for graduation, at no cost to the student. The notice shall include information regarding all methods
available for completing the coursework.
Length of Placement in DAEP
The length of a student’s placement in DAEP will be determined by the appropriate administrator on a case-by-case
basis using the criteria identified in the “Discipline Considerations & Techniques” section of this SCC. The criteria
for determining the length of the placement will include the seriousness of the offense and risk of danger, the
student’s age and grade level, frequency of misconduct, student’s attitude, the effect of the misconduct on the
school environment, the student’s disciplinary history, and statutory requirements. The length of DAEP placement
may not exceed one year unless a review by the district determines that the student is a threat to the safety of
other students or to district employees. The one year limit does not apply to the decision to place a student who
engaged in the sexual assault of another student in DAEP so that the students are not assigned to the same campus.
Unless otherwise specified in the placement order, days absent from a DAEP shall not count toward fulfilling the
total number of days required in a student’s DAEP placement order.
Students placed in DAEP at the end of one school year may be required to complete the assigned term at the
beginning of the next school year. For DAEP placement to extend beyond the end of the school year, the
designated administrator must determine that: (1) the student’s presence in the regular classroom or campus
presents a danger of physical harm to the student or others; or (2) the student has engaged in serious or persistent
misbehavior (see glossary) that violates the SCC.
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If the DAEP placement extends beyond 60 days or the end of the next grading period, whichever is sooner, the
student or the student’s parent/guardian may participate in a proceeding before the Board or Board’s designee as
provided in policy FNG (Local). Any decision of the Board is final and may not be appealed.
The district shall administer the required pre- and post-assessments for students assigned to DAEP for a period of
90 days or longer in accordance with established district administrative procedures for administering other
diagnostic or benchmark assessments.
DAEP Appeals
Questions from parents regarding disciplinary measures should be addressed to the appropriate campus
administrator. Appeals regarding the decision to place a student in a DAEP should be addressed to the campus
principal. Student or parent appeals regarding the process used for the placement decision, such as issues related
to the administrator’s handling of the conference or proper notice being provided, should be addressed in
accordance with policy FNG local. Please refer to Discipline Appeals in a previous section of this SCC for more
information.
The district shall not delay disciplinary consequences pending the outcome of an appeal. The decision to place a
student in a DAEP cannot be appealed beyond the Board.
Restrictions During Placement
No Participation in Activities While in DAEP:
A student placed in DAEP for any mandatory or discretionary reason is not allowed to attend or participate in
school-sponsored or school-related extracurricular or co-curricular activities during the period of DAEP placement.
This restriction applies until the student fulfills the DAEP assignment at this or another school district. Upon
completion of the DAEP placement, a student’s continued participation in extracurricular or co-curricular activities
shall be determined by the applicable rules, regulations, and/or code of conduct for each activity.
Transportation:
A student placed in DAEP will not be provided transportation unless he or she is a student with a disability who has
is entitled to transportation in accordance with the student’s Individualized education program (IEP) or Section 504
plan.
Impact on Graduation:
For graduating seniors who are in DAEP during the last week of school, the DAEP placement will continue through
the last instructional day. The student will be allowed to participate in commencement exercises and related
graduation activities unless otherwise specified in the DAEP placement order.
Periodic Review of Placement
The district will review a student’s DAEP placement and academic status at intervals not to exceed 120 calendar
days. In the case of a high school student, the student’s progress toward graduation and the student’s graduation
plan will be reviewed. At the review, the student or the parent/guardian will have an opportunity to present
reasons for the student’s return to the regular classroom or campus. The student may not be returned to the
classroom of a teacher who formally removed the student without that teacher’s consent.
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In order to continue an out-of-state DAEP placement, the basis for the DAEP placement must also be a reason for
DAEP placement in CISD. If the out-of-state DAEP placement period exceeds one year, the district will reduce the
period of placement so that the total placement does not exceed one year unless the district determines that the
student is a threat to the safety of others or extended placement is in the best interest of the student.
Emergency Placements
When an emergency placement is necessary because the student’s behavior is so unruly, disruptive, or abusive that
it seriously interferes with classroom or school operations, the student shall be given oral notice of the reason for
the action. Not later than the tenth day after the date of the DAEP placement, the student will be given the
appropriate conference required for assignment to a DAEP.
Transition Services
In accordance with law and district procedures, campus staff shall provide transition services to a student returning
to the regular classroom from an alternative education program, including a DAEP. See policy FOCA legal for more
information.
PLACEMENT AND/OR EXPULSION FOR CERTAIN OFFENSES
DAEP Rules for Registered Sex Offenders
The general SCC rules for DAEP placement apply to registered student sex offenders (see glossary) except as
modified in this section. Upon receiving notification in accordance with state law that a student is currently
required to register as a sex offender, the district must remove the student from the regular classroom and
determine appropriate placement.
Placement:
Registered sex offenders under any form of court supervision, including probation, community supervision, or
parole, will be placed in DAEP for a minimum of one semester.
If the registered sex offender student is not under any form of court supervision, the student may be placed in
DAEP for one semester or the placement may be in a regular classroom. The placement may not be in the regular
classroom if the administrator determines that the student’s presence:
1) Threatens the safety of other students or teachers,
2) Will be detrimental to the educational process, or
3) Is not in the best interests of the district’s students.
Review Committee
At the end of the first semester of a student’s placement in DAEP and before the beginning of each school year for
which the student remains in DAEP, a review committee will recommend whether the student should remain in
DAEP or be returned to the regular classroom. The administrator will follow the committee’s decision to return the
student to the regular classroom unless the student’s presence in the regular classroom is a threat to the safety of
others, is detrimental to the educational process, or is not in the best interests of the district’s students.
Conversely, the administrator will follow the committee’s decision to continue the student’s placement in DAEP
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unless the student’s presence in the regular classroom is not a threat to the safety of others, is not detrimental to
the educational process, or is not contrary to the best interests of the district’s students.
The placement review of a student with a disability who receives special education services must be made by the
ARD committee.
Newly Enrolled Students:
Registered sex offenders (whether under court supervision or not) that transfer into the district will be required to
complete the DAEP assignment assessed by the previous school district, but will receive credit for any time already
spent in DAEP. In making a decision regarding the placement of a registered sex offender that transfers into CISD,
the district will consider the recommendation of the Review Committee as described in the section below.
Appeals for Registered Sex Offenders:
DAEP placement may be appealed by requesting a conference between the Board or its designee, the student, and
the student’s parent/guardian. However, the appeal is limited to the factual question of whether the student is
required to register as a sex offender under the law. A decision of the district’s Board of Trustees or its designee
under this section is final and may not be appealed.
Title 5 Felonies
In addition to the expellable conduct listed above, Education Code 37.0081 provides unique procedures and specific
consequences for students involved in aggravated robbery or Title 5 felonies. Under this provision, regardless of
whether DAEP placement or expulsion is required or permitted, a student may be expelled and placed in DAEP if
the following circumstances exist in relation to aggravated robbery or a felony offense under Title 5 of the Penal
Code. The student must:
Have received deferred prosecution for conduct defined as aggravated robbery or a Title 5 felony offense;
Have been found by a court or jury to have engaged in delinquent conduct for conduct defined as
aggravated robbery or a Title 5 felony offense;
Have been charged with engaging in conduct defined as aggravated robbery or a Title 5 felony offense.
Have been referred to a juvenile court for allegedly engaging in delinquent conduct for conduct defined as
aggravated robbery or a Title 5 felony offense; or
Have received probation or deferred adjudication or have been arrested for, charged with, or convicted of
aggravated robbery or a Title 5 felony offense.
The district may expel the student and order placement under these circumstances regardless of:
▪ The date on which the student’s conduct occurred,
▪ The location at which the conduct occurred,
▪ Whether the conduct occurred while the student was enrolled in the district, or
▪ Whether the student has successfully completed any court disposition requirements imposed in connection
with the conduct.
Hearing and Required Findings
The student must first have a hearing before the board or its designee, who must determine that in addition to the
circumstances above that allow for the expulsion, the student’s presence in the regular classroom:
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Threatens the safety of other students or teachers
Will be detrimental to the educational process, or
Is not in the best interest of the district’s students.
Any decision of the board or the board’s designee under this section is final and may not be appealed.
Length of Placement
The student is subject to the placement until:
The student graduates from high school
The charges are dismissed or reduced to a misdemeanor offense, or
The student completes the term of the placement or is assigned to another program
A student who enrolls in the district before completing a placement under this section from another school district
must complete the term or the placement.
Placement Review
A student placed in a DAEP under these circumstances is entitled to a review of his or her status, including
academic status, by the campus administrator or board’s designee at intervals not to exceed 120 days. In the case
of a high school student, the student’s progress toward graduation and the student’s graduation plan shall also be
reviewed. At the review, the student or the student’s parent shall have the opportunity to present arguments for
the student’s return to the regular classroom or campus.
Newly Enrolled Students
A student who enrolls in the district before completing a placement under this section from another school district
must complete the term of the placement.
EXPULSION
In deciding whether to order expulsion, regardless of whether the action is mandatory or discretionary, the district
shall take into consideration:
1) Self-defense. (see glossary)
2) Intent or lack of intent at the time the student engaged in the conduct
3) The student’s disciplinary history
4) A disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s
conduct
5) A student’s status in the conservatorship of the Department of Family and Protective Services (foster care),
or
6) A student’s status as homeless
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Discretionary Expulsion
Some of the following types of misconduct may result in mandatory placement in a DAEP, whether or not a student
is expelled. (See DAEP Placement)
School-Related:
A student may be expelled for any of the following offenses that occur on school property, within 300 feet of school
property as measured from any point on the district’s real property boundary line, or while attending a school- sponsored or school-related activity on or off school property.
Engaging in conduct that contains the elements of assault under Section 22.01(a)(1), against an employee
or volunteer;
Engaging in deadly conduct; (see glossary)
Engaging in serious (see glossary) misbehavior that violates this SCC while the student is placed in DAEP;
Selling, giving, or delivering to another person, or possessing, using, or being under the influence (see
glossary) of marijuana, a controlled substance, or a dangerous drug, if the conduct is not punishable as a
felony. A student with a valid prescription for low-THC cannabis as authorized by Chapter 487 of the Health
and Safety Code does not violate this provision. The prescription must be on file with the district and will
only be administered under the direction of the school nurse;
Selling, giving, or delivering to another person, or possessing, using, or being under the influence of alcohol,
or committing a serious act or offense while under the influence of alcohol, if the conduct is not punishable
as a felony;
Engaging in an offense relating to abusable volatile chemicals (see glossary).
Three Hundred Feet:
Additionally, a student may be expelled for any of the following offenses that occur within 300 feet of school
property as measured from any point on the district’s real property boundary line:
Possession of a firearm, as defined by federal law (see firearm definition in Mandatory Expulsion section
above);
Unlawfully carrying on or about the student’s person a handgun, or a location restricted knife, as these
terms are defined by state law; (see glossary)
Possessing, manufacturing, transporting, repairing, or selling a prohibited weapon as defined by state law;
(see glossary)
Engaging in the following misconduct as defined in the Penal Code:
a) Aggravated assault, sexual assault, or aggravated sexual assault;
b) Arson; (see glossary)
c) Murder, capital murder, or criminal attempt to commit murder or capital murder;
d) Indecency with a child, aggravated kidnapping, manslaughter, criminally negligent homicide, or
aggravated robbery;
e) Continuous sexual abuse of a young child or disabled individual;
f) Felony drug- or alcohol-related offense.
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Regardless of Location:
A student may be expelled if the student engages in the following misconduct, regardless of whether the conduct
occurred on or off campus:
Engaging in bullying that encourages a student to commit or attempt to commit suicide.
Inciting violence against a student through group bullying.
Releasing or threatening to release intimate visual material of a minor or a student who is 18 years of age
or older without the student’s consent.
Conduct that contains the elements of assault under Penal Code 22.01(a)(1)in retaliation against a school
employee or volunteer;
Criminal mischief, if punishable as a felony;
Engaging in misconduct that contains the elements of one of the following offenses against another
student:
a) Aggravated assault;
b) Sexual assault;
c) Aggravated sexual assault;
d) Murder;
e) Capital murder;
f) Criminal attempt to commit murder or capital murder;
g) Aggravated robbery;
Breach of computer security (see glossary).
Engages in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat
involving a public school;
Property of Another District
A student may be expelled for committing any offense that is a state-mandated expellable offense if the offense is
committed on the property of another district in Texas or while the student is attending a school-sponsored or
school-related activity of a school in another district in Texas.
Commits a state-mandated expellable offense on the school property of another Texas school district or while
attending a school-sponsored or school-related activity of another Texas school district.
While in DAEP
A student may be expelled for engaging in documented serious misbehavior that violates the district’s Code,
despite documented behavioral interventions while placed in a DAEP. For purposes of discretionary expulsion from
a DAEP, serious misbehavior means:
1. Deliberate violent behavior that poses a direct threat to the health or safety of others;
2. Extortion, meaning the gaining of money or other property by force or threat;
3. Conduct that constitutes coercion, as defined by Section 1.07, Penal Code; or
4. Conduct that constitutes the offense of:
a. Public lewdness under Penal Code 21.07;