Disciplinary Procedures & Guidelines

Transcription

1 Disciplinary Procedures & Guidelines 1

2 TOPIC TABLE OF CONTENTS PAGE Discipline Referral Process Page 3 Disciplinary Actions/Consequences Minor Infractions Pages 5-7 Defacing School Property Page 8 Fighting Page 9 Manifestation Determination Process Pages District DAEP Placement Process Pages District JJAEP Expulsion Process Pages Student Discipline Incident Identified Page 24 District Disciplinary Forms Pages Disciplinary Office Referral Page Individual Documentation Form Page DAEP/JJAEP Placement Form Page DAEP Placement Order Pages Appendices Page 28 Discipline Referrals Minor Infractions for Non-Special Education Students Discipline Referrals Minor Infractions for Special Education Students Discipline Referrals Severe Infractions for Non-special Education Students Discipline Referrals Severe Infractions for Special Education Students Appendix E PEIMS Data Standards for Discipline Disciplinary Chart Options for Discretionary vs. Mandatory Placements Special Education Log/Forms Short Term Removal to ISS/OSS Compensatory Services Documentation Log Sample Discipline Data Report Sample Discipline Data Report Campus Summary Discipline of Special Education Students Under IDEA 2004 TAB Classroom Entry & Exit Guidelines Alternatives to Suspension and Expulsion Chapter 37 Chart Chapter 37 Texas Education Code, Discipline MCISD Restraint Guidelines and Procedures Crisis Team Information 2

3 DISCIPLINE REFERRAL PROCESS STEP 1 STEP 2 Determine if person submitting the referral has taken the required actions they needed to do for the infraction. If not, remind them of the required action steps and return the referral. If all the required actions have been done then proceed with the referral process. Look up the student on TEMS and determine if the student is receiving special education or 504 services. If they are not, 1. Proceed with the disciplinary action which is dictated by the infraction. You need to consider the number of times this in fraction has occurred and proceed with the appropriate disciplinary action. You may need to investigate further depending on the infraction. 2. Complete the bottom section of the Disciplinary Office Referral form. Make sure all the required fields are completed. Verify the PIEMS reason and action codes using the PEIMS Data Standards Appendix E. 3. You must have a parent conference. The conference can be via the phone or face to face. During the conference inform the parent of the in fraction and the action to be taken. Write the date and time you made parent contact on the comment section of the referral. If the parent is present have them sign that they received a copy of the referral. If the conference was via the phone document this and send a copy of the referral home. If the parent could not be reached, document this on the referral and mail a copy of the referral home to the parent. If they are, 1. Refer to the Special Education discipline process on pages If the student is placed in DAEP, ISS or OSS you must document the number of days assigned on the Special Education Disciplinary Compliance Tracking log. A manifestation determination must be completed by an IEP team no later than 10 school days when: A parent requests such a meeting following a disciplinary incident. A student is being removed for more than 10 consecutive days. The student has been subjected to a series of removals that constitute a pattern. Expulsion is being considered. 3

4 STEP 3 STEP 4 DISCIPLINE REFERRAL PROCESS (continued) It is extremely important that this individual student disciplinary compliance tracking log is reviewed and kept up to date. Administrators MUST keep an accurate count of days removed because students MUST be provided services in the IEP after the 10 FAPE free days of removal. If a student is removed to ISS, general and special education services MUST be provided and documented. If a student has already been removed for 10 cumulative days, an administrator CANNOT remove the student to OSS unless the school schedules an ARD to discuss compensatory services, arranges and documents provisions of these services. Likewise, if students do not receive services in ISS, the school must do the same. Submit the completed discipline referral form to the PEIMS clerk. The PEIMS clerk must enter the discipline information into TEMS on a daily basis. The PEIMS clerk is only responsible for inputting the data they cannot determine the PEIMS discipline codes. These codes must be determined by the campus administrators. Weekly discipline reports will be provided to the campus administrators by the district PEIMS strategist. The campus administrators must review the reports and verify the data. Any corrections must be done by the following week. Monthly discipline reports will be provided to the Executive Director for Secondary Education by the campus principals. Failure to comply with these procedures will be documented. If a student is recommended to DAEP the administrator must follow the process on pages The administrator must follow up on these students and make sure they report to DAEP on the assigned starting date. Due to the limited number of students who can be accommodated at the DAEP campus it is extremely important that the campus administrator contacts the DAEP principal and verifies the allotted number of slots available for their campus. This is specifically important for the discretionary placements. Do not assign starting dates for the DAEP campus with out verifying this information with the DAEP principal. Do not schedule manifestation determination meetings for discretionary placements for your special education students before checking if slots are available. Get a possible starting date from the DAEP principal and then proceed with the meeting. It is extremely important that you follow up on these placements. If students do not go to DAEP you must have an IEP meeting to change the placement and document the reason for the student not attending the DAEP. Make sure all these changes are forwarded to the PEIMS clerk so he/she can make the changes on TEMS. 4

5 DISCIPLINE REFERRAL PROCESS (Continued) STEP 5 If a student is recommended to JJAEP the administrator must follow the process on pages

6 DISCIPLINARY ACTION: DISCIPLINE REFERRALS FOR MINOR INFRACTIONS, ISS, OSS, & DAEP PLACEMENTS ACTION TAKEN BY TEACHER Regular Ed. Student Special Ed. Student ACTION CONSEQUENCE CONSEQUENCE 1ST OFFENSE 1. Check to see if the student Same consequences has a behavior intervention plan or behavior contract. 2. Follow the plan. 3. If no plan is in place, give a verbal warning. 4. Keep documentation folder or Individual Behavior Documentation (IBD form) 2ND OFFENSE 1. Conduct a student/teacher Same consequences conference. 2. Contact the parent and inform them of the infraction and consequences given to the student. 3. Keep documentation (folder/ibd form) 3RD OFFENSE 1. Teacher handled detention. Same consequences 2. Teacher contacts parent (s). 3. Refer student to counselor. 4. Keep documentation (folder/ibd form) 4TH OFFENSE 1. Conduct a teacher/parent 1. Conduct a teacher/parent conference. conference. 2. Refer to RTI team for possible 2. Refer to ARD committee behavior intervention recommendations for review of behavior. (depending on infraction). 3. Keep documentation (folder/ibd form) 5TH OFFENSE Office referral Send in all the 1. Office referral documentation for all the actions taken. 2. Refer to ARDC for review 6

7 DISCIPLINE REFERRALS FOR MINOR INFRACTIONS, ISS, OSS, & DAEP PLACEMENTS (continued) ACTION TAKEN BY OFFICE ADMINISTRATION Regular Ed. Student Special Ed. Student ACTION CONSEQUENCE CONSEQUENCE 1ST REFERRAL 1. Review the documentation Same consequences submitted by the teacher. If documentation is not submitted send the referral back to the teacher. If student is on a BIP follow the plan. 2. Administrator contacts parent (s). 3. Administrator meets with the student to discuss the behavior. 4. Verbal warning. 2ND REFERRAL 1. Administrator contacts parent (s). Same consequences 2. Administrator meets with the student and their counselor to discuss their behavior. 3. If student is on a BIP follow the plan. 4. Verbal warning and schedule one to one counseling sessions. 3RD REFERRAL 1. Administrator contacts parent (s). Same consequences 2. If student is on a BIP follow the plan. *If infractions have developed a pattern 3. Refer student to RTI committee if child then collect documentation and conduct Has not been referred. a staffing meeting (teacher, administrator, 4. Assign to ISS The number of special ed. rep.) to review the data and periods/days will be dependent on conduct a functional behavior assessment the severity of the infraction. and/or develop a behavior intervention plan. Schedule an ARDC meeting to put the BIP in place. 7

8 DISCIPLINE REFERRALS FOR MINOR INFRACTIONS, ISS, OSS, & DAEP PLACEMENTS (continued) ACTION TAKEN BY OFFICE ADMINISTRATION Regular Ed. Student Special Ed. Student ACTION CONSEQUENCE CONSEQUENCE 4TH REFFERRAL 1. Administrator contacts parent (s) 1. Administrator contacts parent (s) 2. If student is on a BIP follow the plan. 2. *Follow the behavior intervention 3. Assign to OSS The number of days plan approved by the ARDC. will be dependent on the severity of the infraction. *The plan needs to be followed for at least four to six weeks. It may be revised as necessary throughout this time period of BIP implementation. If no change is observed then the campus administrator may look at a possible change of placement to the district DAEP. If a change of placement is recommended a manifestation ARD meeting must be held before the child is placed at the DAEP for discretionary placement. Refer to page 13 for the district DAEP process. 8

9 INFRACTION DEFACING SCHOOL PROPERTY (MORE SEVERE DAMAGES) DISCIPLINARY ACTION: ACTION TAKEN BY TEACHER Regular Ed. Student Special Ed. Student ACTION CONSEQUENCE CONSEQUENCE 1ST OFFENSE Office Referral ACTION TAKEN BY OFFICE ADMINISTRATION ACTION CONSEQUENCE CONSEQUENCE 1ST OFFENSE 1. Administrator contacts parent (s). Same, if a change of placement is recom- 2. File charges. mended a manifestation ARD meeting 3. Require student to pay for damages. must be held before the child is placed at 4. May assign to DAEP 30 days. the DAEP for discretionary placement. Refer to page 13 for the district DAEP process. Must hold the DAEP hearing before sending the student to the DAEP. Follow the process on page 13. 9

10 INFRACTION FIGHTING DISCIPLINARY ACTION: ACTION TAKEN BY TEACHER Regular Ed. Student Special Ed. Student ACTION CONSEQUENCE CONSEQUENCE 1ST OFFENSE Office Referral Office Referral ACTION TAKEN BY OFFICE ADMINISTRATION ACTION CONSEQUENCE CONSEQUENCE 1ST OFFENSE 1. The administrator conducts an investigation. Check to see if child is on 2. Student fills out incident report. a behavior plan, if so follow it. 3. The administrator contacts the parent (s) and If not on a plan follow same conrequests a parent conference. sequence as regular ed. and refer 4. If the parent cannot come in to meet, place the to ARDC for review. student in ISS. 5. Assign the student to 3 days of OSS. 6. File charges for disorderly conduct. 2ND OFFENSE 1. The administrator conducts an investigation. Check to see if child is on 2. Student fills out incident report. a behavior plan, if so follow it. 3. The administrator contacts the parent (s) and If not on a plan follow same conrequests a parent conference. sequence as regular ed. and refer 4. If the parent cannot come in to meet, place the to ARDC for review. If recomstudent in ISS. mending change of placement 5. Assign the student to 3 days of OSS. a manifestation ARD must be held 6. File charges for disorderly conduct. before child is placed at the DAEP 7. May assign to DAEP 30 days. for discretionary placement. Must hold the DAEP hearing before sending the student to the DAEP. Follow the process on page

11 DISCIPLINE REFERRALS FOR SPECIAL ED. STUDENTS Manifestation Determination Process IEP Team Meeting for a Manifestation Determination: In order to determine if the behavior was or was not a manifestation of the student s disability, the team needs to follow the steps below: 1. Prior to the IEP meeting, information such as evaluation and diagnostic results, observations, current IEP, placement information and other relevant information supplied by the parents must be gathered for review by the IEP team. As part of the discussion, the team must determine if: the information gathered is sufficient information to make the manifest determination. further information is needed in order to make the manifestation determination. there is a need for changes in the student s current special education program. If further information is needed, the IEP team must follow the due process steps in obtaining written parent consent for an evaluation. The IEP team must discuss the characteristics of the student s disability (e.g., withdrawn, aggressive, impulsive, academic or cognitive deficits, information processing, organizational deficits, peer relationships, etc.). This information should come from current data, observation and parent reports as well as from the IEP, evaluations (FIE), teacher reports, discipline records, attendance, state assessments, etc. 2. The IEP team discusses the following two conditions to determine whether the behavior in question is a manifestation of the child s disability. If there is disagreement among the team members, the diagnostician or LSSP makes the final determination. If the conduct was caused by, or had a direct and substantial relationship to, the child s disability. If the conduct in question was the direct result of the school s failure to implement the IEP. 11

12 DISCIPLINE REFERRALS FOR SPECIAL ED. STUDENTS Manifestation Determination Process (continued) Questions to consider when making the manifestation determination: Are the IEP and placement, supplementary aids and services appropriate? Are IEP services and behavioral intervention strategies described on the IEP consistently applied? Does the disability impair the student s ability to understand the impact and consequences of the behavior? In addition to the cognitive component, the IEP team should explore the way in which the rules were presented to the student and if they were understood. Consider chronological age, maturity and developmental level. 3. Manifestation Determination If the student s behavior IS NOT a manifestation of his or her disability, the relevant disciplinary procedures applicable to students without disabilities may be applied to the student in the same manner in which they would be applied to students without disabilities. If the student s behavior IS a manifestation of his or her disability, unless the school had already conducted a functional behavioral assessment (FBA), an FBA must be completed and a BIP developed and implemented, or reviewed and modified as appropriate. The IEP team must review the IEP and make any necessary revisions. The District shall notify the parent of the decision to take disciplinary action and of the procedural safeguards no later than the date on which the administrator makes the decision to remove the student. If the parent disagrees with the ARD committee decision, or with any decision regarding placement, the parent has the right to a due process hearing. The ARD does not offer a 10 day recess. If this happens, please notify the Director of Special Education immediately. 12

13 DAEP PLACEMENT PROCESS DAEP HEARING PROCESS Before removing a student to a DAEP Section of the T.E.C., requires the principal or designee to hold a conference not later than the third class day after the student s removal. The conference must include the following individuals: 1. Principal or designee 2. Parent 3. Student 4. Teacher (if the student s removal was initiated by the teacher) This conference is the due process opportunity for the student. 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 the student has been alleged to have committed an offense as described in TEC then the district official holding the conference meeting must present substantiated documentation of the alleged behavior as provided by a law enforcement agency or as created/obtained by the school district administrator. The conference must take place even if not all the parties are in attendance, as long as the principal/or designee has made valid attempts to require everyone s attendance. 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, and The student s disciplinary history. DISTRICT PROCESS TO BE FOLLOWED 1. The principal or designee must conduct the DAEP hearing not later than the third class day after the student s removal. Before proceeding with anything check the special 13

14 DAEP PLACEMENT PROCESS (cont.) population status of the student. If the student is a special education student the ARDC must meet to make the manifestation determination. If the student is a 504 student the 504 committee must meet to make the manifestation determination. Once you have reviewed the students status you may schedule the conference. You must ensure all the committee members are present. 2. During the hearing present your reasons for the removal and give the student an opportunity to respond. If the student is a 504 or special education student the manifestation determination decision must be presented to the committee. The committee s decision to place the student at the DAEP must be based on all the information provided at the conference. Placement Order 3. After the conference, if the student is placed in the DAEP, the appropriate administrator will fill out the DAEP Placement Order. A copy of the DAEP Placement Order will be sent to the student and the student s parent. All the persons present at the meeting will sign the DAEP hearing form. If the parent or other committee members were not present at the meeting documentation showing the principal or designee made valid attempts to require everyone s attendance must be attached to the DAEP hearing form. Not later than the second business day after the conference, the board s designee will deliver to the juvenile court a copy of the placement order and all information required by Section of the Family Code. 4. These completed forms along with the backup documents must be sent to the office of the Coordinator for Student Services. He/she will review the forms and make sure due process was conducted. He/she will then forward these forms to the DAEP principal who will schedule a conference with the parent. During the conference the DAEP principal will review the DAEP procedures and expectations to the parent and the student. The principals will then proceed to enroll the student at the DAEP for the specified time stated on the DAEP Placement Order. Placement Review 5. A student placed in a DAEP will be provided a review of his or her status, including academic status, by the DAEP principal 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 will also be reviewed. At the review, the student or the student s parent will be given the opportunity to present arguments for the student s return to the regular classroom or campus. 6. Once the student completes the set time at the DAEP the DAEP principal will schedule a transitional meeting with the home campus principal or designee. At this time the DAEP staff will 14

15 DAEP PLACEMENT PROCESS (cont.) review the student s educational performance and tasks completed at the DAEP. The home campus staff will provide this information to the student s teachers. The home campus staff will explain their expectations to the student upon returning to the campus and will review their new class schedule (if changes were made). The student will then be informed of the date he/she will be returning to the home campus. For a special education student, an ARD must be scheduled by the DAEP teacher to plan for the change of placement back to the home campus. The home campus diagnostician and a special education representative should be present. 15

16 JJAEP PLACEMENT PROCESS JJAEP HEARING PROCESS Before a student can be expelled under TEC , the board or the board s designee must provide the student a hearing at which the student is afforded appropriate due process as required by the federal constitution and which the student s parent or guardian is invited, in writing to attend. At the hearing, the student is entitled to be represented by the student s parents or guardian or another adult who can provide guidance to the student and who is not an employee of the district. If the decision to expel a student is made by the board s designee, the decision may be appealed to the board. The decision of the board may be appealed by trial de novo to a district court of the county in which the school district s central administrative office is located. If the student has been alleged to have committed an offense as described in TEC then the district official holding the expulsion hearing must present substantiated documentation of the alleged behavior as provided by a law enforcement agency or as created/obtained by the school district administrator. DISTRICT PROCESS TO BE FOLLOWED I. Documentation to be hand delivered to the Student Services Office A. The student s expulsion packet should be submitted and must contain the following: 1. Copy of the JJAEP Placement Form (Checklist) with witness 2. Principal s recommendation letter 3. Police report, when applicable a. Case number must be on police report b. Signature of police officer is required c. Charges must be stated (Ex: 2nd degree felony at a drug-free zone) d. Picture (s) of weapon, drugs, assault, etc. 4. Affidavits, when applicable 16

17 JJAEP PLACEMENT PROCESS 5. Disciplinary Office Referral with correct PEIMS-Reason Code and Incident Number 6. Student grades and attendance information 7. Student discipline report, copy of discipline referrals with notes, counselor s reports, and ARD/IEP?BIP results, if applicable 8. Immunization and Enrollment Card II. Office of Student Services will: A. Set hearing and notify the campus of time and date B. Send Truancy Officer to serve written notice of expulsion hearing to the parent or the student if he/she is an adult C. Select a District Hearing Committee who will conduct the hearing, the committee members will include the parent, student, and campus administrator. The hearing may be held without the parent and student, through a parent request. D. Format the hearing: 1. The committee is made up of three (3) persons named by the Superinten dent/designee. If student is special ed., a special education administrator must be present. 2. The chairperson will explain the process to be utilized in the hearing. He/ she will notify the parent that if they are not in agreement with the committee s decision he/she has the right to appeal the decision to the school Board of Trustees by notifying the superintendent of their intention to appeal. This must occur within ten (10) days of receiving the superintendent s letter of expulsion. 17

18 JJAEP PLACEMENT PROCESS 3. The campus administrator will present case and campus recommendation. 4. The student is questioned by committee members and campus administrator. 5. The administrator answers questions posed by committee and/or parent. 6. After hearing the evidence/presentation from both sides, the committee will retire to consider and examine the information to make a recommendation. 7. Committee reconvenes with both parties and renders recommendation. 8. Committee members sign formal letter of expulsion and is delivered to parent. Note: Special ed. students who are in 2 or more resource classes should not be con sidered for JJAEP placement because their IEP cannot be implemented. JJAEP does not employ a special education teacher and the district does not have a full time teacher assigned to JJAEP. III. Expulsion Procedures A. If the student is expelled, the student s expulsion packet and expulsion order is delivered to the JJAEP campus in McAllen at 3017 S. 10th. (Phone # ) B. If it is a Mandatory Hearing and the student is twenty-one (21) years of age at the time of the offense, the student will be placed at the JJAEP. Students who are twenty-two (22) years old or older will be enrolled at the District Alternative Education Program (RAS). C. If it is a Discretionary Hearing and the student is 17 years of age or older, the student will be placed at the District Alternative Education Program (RAS). D. Students will remain enrolled at the DAEP while waiting to enroll at the JJAEP. 18

19 JJAEP PLACEMENT PROCESS E. For students under the regulations of Special Education and Section 504, the term of expulsion includes weekends, holidays, and the summer calendar days. F. The Student Services Office will notify the campus principal when to withdraw the student from the home campus. G. Exit hearings are held at the JJAEP campus, the parent/guardian and the school s counselor and/or assistant principal may attend the Exit hearing. H. When a student completes his expulsion term at the JJAEP, the counselor and/or assistant principal will bring the student s withdrawal form and grades to the home campus. I. The student must then enroll back at his/her home campus. J. Attendance for JJAEP students is maintained in the TEMS system by the district PEIMS Specialist Sergio Saenz. K. For students under the regulations of Special Education, JJAEP MUST be provided a 10 day ARD meeting notice. The home campus diagnostician will coordinate and conduct the MDR/ARD. 19

20 District Disciplinary Forms 20

21 DISCIPLINARY OFFICE REFERRAL Student ID: Name: Grade: Period: Referred by: Location of Infraction: Date: Time: Room: Phone: Reason for Referral Disciplinary Action By Teacher Date(s) Excessive Tardiness Warned Disturbing Class Student Conference Repeated Disobedience Isolated Defacing School Property Parent Contact Fighting Kept After School Incomplete Assignments/Homework Withdrawal of Privileges Inappropriate Language Temporarily Reassigned Truancy/Attendance Behavior Intervention Plan Assault-School Employee Academic Intervention Plan Assault-Non School Employee Detention Bullying Other: Other: Description of Offense: FOR ADMINISTRATIVE USE ONLY *Disciplinary Action(s) taken by Administrator *Incident #: Expulsion to JJAEP (02) Action by: Date: Expulsion to DAEP (03) Return Date: Out-of-School Suspension (05-25) *PEIMS Reason Code: *PEIMS Action Code: In-of-School Suspension (06-26) *Scheduled Days: *Actual Days: Placement in DAEP (07) *Difference Code: Admin./Teacher/Student Conference *Behavior Location Code Behavior Modification Plan 00 Not Applicable *Corporal Punishment 01 On Campus Detention 02 Off Campus, but within 300 ft. of campus property line Parent Conference/Notified 03 Off Campus, but at a school sponsored or school related activity Referred to Counselor 04 Off Campus, further than 300 ft. from campus boundary (Student not in attendance at a school sponsored or school related activity) Student Conference 05 On campus of another school district, ore while in attendance at a school sponsored or school related activity Warned Truancy (16-17) Campus ID of Disciplinary Assignment: Other: PEIMS Truancy Reason Codes: Administrator s Signature: Adult Witness Signature: Parent/Student Signature: Date: Date: Date: Comments: *Mandatory PEIMS fields White Office Original Yellow Teacher s Copy Pink Parent s Copy 21

22 Individual Behavior Documentation Sheet Student Name: Parent(s) Name(s): Home Phone #: Work Phone #: Address: Date: Time: Place: Description of Problem/Incident: Action Taken: Date: Time: Place: Description of Problem/Incident: Action Taken: Date: Time: Place: Description of Problem/Incident: Action Taken: Date: Time: Place: Description of Problem/Incident: Action Taken: 22

23 DAEP/JJAEP PLACEMENT FORM Date: Time: Campus: Student ID: Name: Date of Birth: Social Security #: Grade Level: Purpose: To consider a recommendation that the above identified student be assigned to the Mission CISD Disciplinary Alternative Education Program (DAEP) for a period not to exceed beyond the end of the next grading period, due to serious and/or persistent behavior. Staff Present: Family Present: DETERMINATION: The above named student is assigned to the Mission CISD DAEP for a period not to exceed beyond the end of the next grading period. Student will be placed at DAEP. ( ) Yes ( ) No Reason Code: If Yes, starting date at DAEP: Incident #: Student will be recommended for expulsion JJAEP ( ) Yes ( ) No COMMENTS: Length of placement if inconsistent with Student Code of Conduct Placement Guidelines: Prepared by: Principal, Asst. Principal, Designee PRINCIPAL S ORIGINAL SIGNATURE Reviewed by: Principal Parent/Guardian Signature Home Phone Cell # Checklist for Mission CISD Disciplinary Alternative Education Program (DAEP) placement or expulsion. Special Education Student ( ) Yes ( ) No Has ARD been held ( ) Yes ( ) No Behavior linked to handicap ( ) Yes ( ) No Is the student Section 504 ( ) Yes ( ) No Current assessment/bip ( ) Yes ( ) No Hearing/DAEP Placement Form ( ) Yes ( ) No Grades ( ) Yes ( ) No Attendance Reports ( ) Yes ( ) No Truancy Report ( ) Yes ( ) No Discipline Report/Discipline Referral(s) ( ) Yes ( ) No Suspension Letter(s) ( ) Yes ( ) No Affidavits/Statement ( ) Yes ( ) No Counseling Sessions ( ) Yes ( ) No Medical Information ( ) Yes ( ) No Copy of Enrollment Card ( ) Yes ( ) No Individual Education Plan (IEP) ( ) Yes ( ) No Witnesses (Expulsion Hearing) (Principal, Police Officer, etc) White Office Original Yellow Teacher s Copy Pink Parent s Copy 23

24 Office: (956) Fax: (956) Bryce Drive Mission, Texas DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM PLACEMENT ORDER [DATE] Dear (Parent/Guardian): This letter is to inform you that your child,, has been removed to the Mission Consolidated Independent School District Disciplinary Alternative Education Program [include special name for program if have one] for a period of school days of satisfactory attendance, beginning on and ending no sooner than. My decision was based on information presented at a disciplinary conference held on at.m. You were invited to attend this conference by [letter/telephone call] sent or made on. District staff and others present at the conference were: [list all persons present, including student] At that conference, was told what misconduct s/he was charged with and had an opportunity to explain his/her side of the incident. After hearing all sides of the incident and considering all the information, I determined that had [state the essential details of the incident]. [If the student is in special education or disabled under Section 504, include the appropriate following statement.] You were informed of the date and time of the admission, review, and dismissal committee [Section 504 committee] meeting at which the committee conducted a manifestation determination and found that the misconduct is not a manifestation of your child s disability and had an opportunity to participate in that meeting. This conduct constitutes the offense of [quote the specific offense], which under the MCISD Code of Student Conduct is an offense for which students [may/must] be removed to an alternative education program. [If the conduct leading to removal is such that it must be reported to law enforcement personnel under Texas Education Code , include the following sentence.] This offense is also one that the district is required to report to local law enforcement authorities, and that report has been made. If the length of s DAEP assignment is more than 120 calendar days, district personnel will review your child s status, including academic status [if a high school student, include and progress toward graduation], at least once each 120 days. At that review, you will have an opportunity to present arguments for the student s return to the regular campus. During the DAEP assignment, your child will receive instruction that focuses on English language arts, mathematics, science, history, and self-discipline and will receive full credit for all work completed during this time. However, while your child is assigned to the DAEP, s/he is prohibited from going onto other campuses in the district and from attending or participating in any school-sponsored or school-related activity. If your child disobeys this restriction, s/he will be treated as a trespasser and school security or local law enforcement will be contacted. Attached is a description of the DAEP program and any special rules your child will be expected to follow while assigned there. 24

25 The district (will/will not) provide transportation to the DAEP campus. [If district does not provide transportation to DAEP, include next sentence.] It is your responsibility to ensure the student arrives at the campus at the prescribed time. If you wish to request a review of this decision, you must submit a written request to within calendar days after you receive this letter. Your child will attend the DAEP campus until the term of removal is served, unless that term is shortened as a result of further review. [If the offense is a mandatory DAEP under the statute, include the following sentence. Notice is not required for permissive DAEP assignments] A copy of this letter will be delivered to the authorized officer of the County juvenile court, which will determine whether to file a petition alleging that your child is in need of supervision or has engaged in delinquent conduct. s progress at the DAEP will be closely monitored. Failure to follow the rules and regulations for that program or the commission of any other serious offense while s/he is assigned to the DAEP may result in extending the assignment or in expulsion from school. Remember that the term of assignment is for days of satisfactory attendance. Days of suspension or days on which your child misbehaves in the DAEP program will not count toward the required days of satisfactory attendance. If you withdraw [student] from this school district before the term of the DAEP removal has been served in full and later re-enroll [student], [student] will be required to complete the DAEP assignment before being allowed to return to the general education campus, unless his/her records show that the DAEP assignment was served in another public or open-enrollment charter school. A copy of this DAEP removal order will accompany your child s records provided to any other school district or open-enrollment charter school in which you may seek to enroll. That district or school will have the choice of continuing the student s placement in its Alternative Education Program for the remainder of the removal term or admitting the student to the regular program. If you have any questions, please feel free to call. Sincerely, Principal 25

26 Office: (956) Fax: (956) Bryce Drive Mission, Texas ORDEN DE COLOCACION EN EL PROGRAMA DE EDUCACION ALTERNATIVA DISCIPLINARIA [FECHA] Querido (Padre/Guardián): Esta carta es para informarle que su hijo(a),, ha sido reubicado al Programa de Educación Alternativa Disciplinaria del Distrito Escolar Consolidado e Independiente de Mission [incluya el nombre del programa] por un periodo de días escolares de asistencia satisfactoria, comenzando en y terminando no antes de. Mi decisión fue basada en la información presentada durante la conferencia disciplinaria llevada a cabo el a las.m. Usted fue invitado(a) a atender a esta conferencia por medio de [carta/ llamada telefónica] enviada o realizada en. El personal de distrito y demás personal presente en esta conferencia fue: [Lista de personal presente, incluyendo al estudiante] En dicha conferencia, se le dijo a, las faltas por las que fue acusado(a) y se le dio oportunidad de explicar su versión del incidente. Después de escuchar todas las versiones del incidente y considerar toda la información, he determinado que [exponga los detalles esenciales del incidente]. [Si el alumno esta en educación especial o con discapacidad bajo la Sección 504, incluir la siguiente declaración.] Usted fue informado de la hora y fecha en las que el comité de admisión, revisión y expulsión [Sección 504 comité] sostuvieron sus reuniones, en las cuales el comité condujo una determinación de manifestación y encontró que la mala conducta mostrada no es una manifestación de la discapacidad de su hijo(a) y usted tuvo oportunidad de participar en dichas reuniones. Este tipo de conducta constituye una ofensa de tipo [mencione la ofensa especifica], que de acuerdo al Código de Conducta Estudiantil de MCISD es una ofensa por la cual el estudiante [puede/debe] ser reasignado a un programa de educación alternativa. [Si la conducta que llevo a la reasignación es tal que debe ser reportada a personal policiaco bajo el Código de Educación de Texas , Incluya la siguiente oración.] Esta ofensa es también una que el distrito esta requerido a reportar al personal policiaco local, y que dicho reporte ya ha sido realizado. Si la duración de la reasignación DAEP (por sus siglas en ingles) de es mayor de 120 días, personal distrital revisara el estado de su hijo(a), incluyendo su estado académico [si es estudiante de preparatoria, incluir el progreso para graduación], al menos una vez cada 120 días. Al hacer esta revisión, usted tendrá oportunidad para presentar argumentos para que el estudiante pueda regresar a su campus regular. Durante la reasignación DAEP, su hijo(a) recibirá instrucción que se enfoca en las materias de Artes de la Lengua Inglesa, Matemáticas, Ciencia, Historia, y auto-disciplina y recibirá las acreditaciones ganadas por todo el trabajo completado durante este tiempo. 26

27 Sin embargo, mientras su hijo(a) este asignado a DAEP, él o ella tendrá prohibido visitar otros campuses dentro del distrito y no podrá participar en ninguna actividad patrocinada o relacionada por o con la escuela. Si su hijo (a) desobedece esta restricción, él o ella será tratado(a) como un intruso y se contactara a elementos de seguridad escolar o personal policial local. Adjunta esta una descripción del programa DAEP y de cualquier regla(s) especial(es) que su hijo(a) deba de seguir durante su reasignación a dicho programa. El distrito (proveerá/no proveerá) transportación a el campus DAEP. [Si el distrito no provee transportación a dicho campus, incluya la siguiente oración] Es su responsabilidad asegurarse que el estudiante llegue al campus designado a tiempo. Si desea que esta decisión sea revisada nuevamente, usted deberá presentar una solicitud por escrito dirigida a dentro de los siguiente días después de recibida esta carta. Su hijo(a) atenderá al campus DAEP hasta que el término de su reasignación sea cumplido, a menos que este término sea acortado como resultado de revisiones adicionales. [Si la ofensa conlleva una reasignación obligatoria a DAEP de acuerdo al estatuto mencionado anteriormente, incluya la siguiente oración. Las reasignaciones DAEP no requieren de un aviso permisivo] Una copia de esta carta se entregara al oficial autorizado de la corte juvenil del Condado de, en donde se determinara si es necesario que se someta una petición alegando que su hijo necesita supervisión o ha participado en una conducta delincuente. El Progreso de dentro del DAEP será monitoreado minuciosamente. El incumplimiento de las normas y regulaciones de dicho programa o la comisión de otra ofensa seria mientras él o ella este asignado(a) al DAEP podría resultar en una extensión de su reasignación o en una expulsión de la escuela. Recuerde que el término de la reasignación es por días de asistencia satisfactoria. Los días de suspensión o los días en los que su hijo(a) se porte mal dentro del programa DAEP no contaran hacia los días de asistencia satisfactoria. Si usted retira al estudiante de el distrito escolar antes que el termino de la asignación DAEP sea terminado por completo y reinscribe al estudiante más tarde, el estudiante deberá completar la reasignación a DAEP antes de que se le permita regresar a la educación de su campus regular, a menos que su historial muestre que la asignación DAEP fue cumplida en otra institución publica o en otra escuela charter de inscripción abierta. Una copia de esta orden de conclusión de DAEP acompañara los registros de su hijo(a) cuando sean proveídos a cualquier otro distrito escolar u otra escuela charter de inscripción abierta en la que busque inscribir al estudiante. Ese distrito escolar tendrá la opción de continuar la colocación del estudiante en su Programa de Educación Alternativa por el resto del término de reasignación o de admitir al estudiante a su programa de estudios regular. Si tiene alguna duda, favor de llamar a. Sinceramente, Director (a) 27

28 Appendices Discipline Referrals Minor Infractions for Non-Special Education Students Discipline Referrals Minor Infractions for Special Education Students I. Discipline Referrals Severe Infractions for Non-special Education Students II. Discipline Referrals Severe Infractions for Special Education Students III. Appendix E PEIMS Data Standards for Discipline IV. Disciplinary Chart Options for Discretionary vs. Mandatory Placements V. Special Education Log/Forms VI. Short Term Removal to ISS/OSS VII. Compensatory Services Documentation Log VIII. Sample Discipline Data Report IX. Sample Discipline Data Report Campus Summary X. Discipline of Special Education Students Under IDEA 2004 XI. TAB Classroom Entry & Exit Guidelines XII. Alternatives to Suspension and Expulsion XIII. Chapter 37 Chart XIV. Chapter 37 Texas Education Code, Discipline XV. MCISD Restraint Guidelines and Procedures XVI. Crisis Team Information 28