Student code of conduct

Northside Independent School District has adopted a Student Code of Conduct. Its purpose is to:

1. Describe behavior that promotes a positive environment for learning.
2. Describe behavior that is expected of all students.
3. Describe specific examples of student misbehavior.
4. Define consequences that may be imposed for student misbehavior.
5. Provide for District wide uniformity in dealing with student discipline.
6. Define the rights and responsibilities of each member of the school community (students, parents, teachers, administrators) in establishing and maintaining good discipline at district schools.
7. Communicate policies of the Board of Trustees regarding appropriate student behavior.

The Student Code of Conduct is in force from the time a student enters a school bus or steps on the school grounds or attends school-sponsored activities.

Northside Independent School District has as its primary aim the welfare of students. This philosophy continues in the belief that the individual teacher is the most dynamic force in the education process. Effective teacher and student relationships are a common bond for proper classroom decorum. Discipline is one of the elements that aid the process of maturing and becoming a productive member of society. Developing habits of self-discipline characterizes the move of an individual from extensive, external control toward becoming an effective, self-directed adult in a democratic society.

The Superintendent of Schools, as the chief executive officer of the Board of Trustees, is delegated the responsibility for implementing the Board’s policies and enforcing state and local laws pertaining to student conduct. The District administrative staff assists the superintendent in this endeavor.

The building principal is delegated the responsibility of establishing and maintaining an appropriate climate for learning. In support of a positive school climate, the building principal must develop and enforce effective discipline procedures. The associate principal or assistant principal assists the principal in maintaining appropriate student conduct. The principal also coordinates the efforts of other staff members in communicating and counseling with students and parents regarding appropriate student behavior.

Students are under the direct supervision of the school administrators or classroom teachers at all times. They are expected to conform to school policies and to class regulations. In order to create an atmosphere for learning, order must be maintained at all times. Students are to conduct themselves properly and in a manner prescribed by the administration and teachers. Failure to comply with the regulations that are set forth by District policy and enforced by teachers and administrators will result in disciplinary action. Students on school-sponsored activities are representatives of the District. Their conduct is expected to conform to the regulations set forth by the District and the sponsor.

Each member of the school community has rights and responsibilities for establishing and maintaining good discipline in our schools.

Student Responsibility and District Expectations

Students are to conduct themselves properly, in a manner prescribed by the teacher, and they must comply with the applicable rules and policies of the District.

Students are expected to:

1. Develop good habits, such as

• attending school daily.
• arriving to classes punctually.
• working well independently.
• using appropriate language.
• maintaining good health habits.

2. Assume responsibility for their actions by

• keeping their parents informed of school activities, of credits earned and required, of supplies needed, and of communications sent home.
• being self-disciplined.
• making their own decisions despite peer pressure.
• accepting the consequences for their behavior including penalties for inappropriate behavior.
• using time wisely.
• completing work on time.
• having good study habits.
• practicing neatness.
• doing all assigned work.

3. Maintain a positive attitude by

• being proud of personal accomplishments.
• being trustworthy.
• having academic integrity.

4. Respect the rights of others by

• allowing others to concentrate on their work.
• allowing others to assume responsibility for their own actions.
• learning to resolve differences in appropriate ways.
• realizing that their behavior will directly affect others.
• respecting others’ property.

5. Treat others with respect by

• working and interacting well with others.
• being courteous.
• being polite and helpful.
• caring for others.
• displaying affection appropriately.
• appreciating others’ accomplishments.
• expressing opinions and ideas in a respectful manner so as not to slander others.

6. Treat teachers and school staff with respect by

• being cooperative.
• being attentive.
• listening to teachers.
• being polite.

7. Respect the authority of teachers and other school staff by

• listening to them.
• following their directions.
• questioning the classroom teacher appropriately.
• seeking changes in school rules and policies in an appropriate and responsible manner through approved channels.

8. Obey all school and classroom rules and procedures, such as

• being in the appropriate seat and ready when the bell rings.
• being prepared for each class with appropriate materials and assignments.

9. Participate in assigned academic activities, such as

• attending all classes.
• bringing supplies as required for classroom work.
• talking when it is appropriate.
• following instructions.
• doing all assignments.

10. Assume responsibility for maintaining the learning environment, such as

• coming to school well groomed and dressed appropriately.
• walking quietly in the school hallways.
• staying in the classroom seat as required.

11. Take care of the school, such as

• helping keep it clean.
• keeping it free from destruction.
• cooperating with school staff on vandalism cases.
• helping keep the school a safe place to be.

Parent and/or Guardian Responsibility

Parents have the responsibility to:

1. Ensure that their child complies with District and school policies, rules and regulations.
2. Assist their child to attend school well groomed and dressed appropriately.
3. Communicate regularly with the school concerning their child’s academic progress and conduct.
4. Provide for the physical needs of the child.
5. Participate in parent-teacher conferences and other activities in which their child is involved.
6. Cooperate with and support the teachers and the school administrators in their efforts to achieve and maintain a quality school system.
7. Discuss report cards and classroom assignments with their child.
8. Inform the school of any problems or conditions in the home which affect their child.
9. Provide a work area free of interruption where their child may study and do homework.
10. Maintain up-to-date home, work, and emergency telephone numbers at the school.
11. Prepare the child emotionally and socially to be receptive to learning and discipline.
12. Encourage the child to develop proper study habits at home.
13. Send their child to school regularly and on time.
14. Teach their child to respect authority.
15. Insist that the child spend a minimum period of time studying each day.
16. Assist the child to assume responsibility for appropriate behavior and to accept the consequences of inappropriate behavior.
17. Cooperate with the school in assisting their child to grow into a self-disciplined, mature, and responsible individual.

Teacher Responsibility

Teachers have the responsibility to:

1. Provide an effective program of instruction.
2. Maintain an orderly classroom, conducive to learning.
3. Serve as a model for students by showing respect for themselves, students, parents, and other school personnel.
4. Be in regular attendance.
5. Be punctual.
6. Communicate regularly with parents regarding their child’s progress.
7. Maintain a well-groomed appearance and dress appropriately to serve as a role model for students.
8. Indicate a genuine interest and concern for the welfare of students.
9. Assist students to follow the rules of expected behavior.
10. Teach students responsibility for their actions by enforcing the rules of conduct and discipline fairly and appropriately for those students who violate these rules.
11. Recognize the growth, success, and achievement of students.
12. Obey District and school policies and regulations.
13. Teach to the standards of performance required by the District.
14. Establish rapport and an effective working relationship with parents, students, and other staff members.
15. Encourage work habits that will lead to the accomplishment of both short-term and long-term goals.

Administrator Responsibility

Administrators have the responsibility to:

1. Promote effective training and discipline based upon fair and impartial treatment of all students using the Student Code of Conduct as a reference point.
2. Provide appropriate support for teachers in dealing with students who are sent to the office for behaving inappropriately.
3. Implement a flexible curriculum within the limits provided by the District and the state to meet the needs of all students.
4. Establish a climate for learning that is conducive to good teacher performance and maximum student growth.
5. Encourage parents to keep in regular communication with the school and encourage parental participation in required parent-teacher conferences.
6. Develop a cooperative working relationship among staff and students.
7. Assist students by providing appropriate assistance in learning self-discipline.
8. Assume responsibility and instructional leadership for discipline and for evaluation of the discipline management plan.
9. Ensure students’ safety through maintenance of the school grounds.
10. Work to assure that the physical surroundings are conducive to a learning environment.
11. Manage human and physical resources in a manner that supports the overall goals of the educational program.
12. Appear at school in a well-groomed and appropriately dressed manner.
13. Serve as Campus Behavior Coordinator, as designated by the Campus Principal. Pursuant to Texas Education Code 37.0012, the Campus Behavior Coordinator is primarily responsible for maintaining student discipline and the implementation of Texas Education Code, Chapter 37.

General Information

The responsibility for maintaining a school environment that maximizes learning opportunities and minimizes distractions rests with the school principals and/or their designated administrative representatives. When distractions or disruptions do occur, the administrators are authorized to take the necessary steps to correct any interruptions of the normal educational activity. Determination of the methods or techniques utilized should reflect the District philosophy that states that its primary aim is the welfare of students.

When students violate the rules, regulations or policies of the school and/or the District, they will be subject to various discipline management techniques. The techniques utilized should be chosen to modify or correct the improper behavior.

Category I

1. In accordance with Texas Education Code Section 37.007, a student SHALL BE expelled from school if the student, on school property, on school property of another district, at any district facility, at any school-sponsored or school-related activity on or off of school property, or on a school bus:
   1. engages in conduct that contains the elements of the offense of unlawfully carrying weapons under Sections 46.02, Penal Code, or elements of an offense relating to prohibited weapons under Section 46.05, Penal Code.
      1. a location-restricted knife means a knife with a blade over five 
      2. and one-half inches.
      3. Intentionally, knowingly, or recklessly carries on or about his or her person a handgun. Handgun means any firearm that is designed, made, or adapted to be fired with one hand.
      4. a prohibited weapon:
         1. an explosive weapon;
         2. a machine-gun;
         3. a short-barrel firearm;
         4. a firearm silencer;
         5. armor-piercing ammunition;
         6. a chemical dispensing device;
         7. a zip gun;
         8. tire deflation device; or
         9. an improvised explosive device.
   2. engages in conduct that contains the elements of the offense of:
      1. aggravated assault, sexual assault, or aggravated sexual assault;
      2. arson;
      3. murder, capital murder, or criminal attempt to commit murder or capital murder;
      4. indecency with a child;
      5. aggravated kidnapping;
      6. aggravated robbery;
      7. manslaughter;
      8. criminally negligent homicide; or
      9. continuous sexual abuse of young child or children
   3. commits a serious act or offense while under the influence of alcohol if the conduct is punishable as a felony.
2. A student shall be expelled if the student engages in conduct that contains the elements of any offense listed above against any District employee or volunteer in retaliation for or as a result of the person’s employment or association with the District, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off of school property.
3. In accordance with 20 U.S.C. Section 7151, a local educational agency, including a school district, home-rule school district, or open-enrollment charter school, shall expel a student who brings a firearm, as defined by 18 U.S.C. Section 921, to school. In accordance with TEC 37.125, a person commits an offense if, in a manner intended to cause alarm or personal injury to another or to damage school property, the person intentionally: (1) exhibits or uses a firearm in or on property, including a parking lot that is owned by a public school; or on a school bus; (2) threatens to exhibit or use a firearm in or on property described herein and was in possession of or had immediate access to the firearm; or (3) threatens to exhibit or use a firearm in or on property described herein.

Note: A student who is younger than 10 years of age shall be removed from class and placed in a discipline alternative education program for engaging in conduct listed above except for firearm offenses. In accordance with federal law, a student who brings a firearm to school will be expelled regardless of age.

Category II

A student MAY BE expelled or SHALL BE placed in a discipline alternative education program if the student:

1. while placed in a discipline alternative education program engages in documented serious misbehavior while on the program campus despite documented behavioral interventions. For purposes of this subsection ‘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:
      1. public lewdness under Section 21.07, Penal Code;
      2. indecent exposure under Section 21.08, Penal Code;
      3. criminal mischief under Section 28.03, Penal Code;
      4. personal hazing under Section 37. 152; or
      5. harassment under Section 42.07(a) (1), Penal Code, of a student or District employee.
2. engages in conduct that contains the elements of the offense of criminal mischief if the conduct is punishable as a felony without regard to whether the conduct occurs on or off of school property;
3. engages in conduct that contains the elements of the offense of assault against any employee or volunteer in retaliation for or as a result of the person’s employment or association with a school District without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property;
4. engages in conduct involving a public school that contains the elements of the offense of false alarm or report;
5. engages in conduct involving a public school that contains the elements of the offense of terroristic threat;
6. engages in conduct that contains the elements of the offense of aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, criminal attempt to commit murder or capital murder, or aggravated robbery against another student if it occurs off school property;
7. while on or within 300 feet of school property, as measured from any point on the school’s real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:
   1. sells, gives or delivers to another person or possesses, uses or is under the influence of any amount of:
      1. marijuana or a controlled substance;
      2. a dangerous drug; or
      3. an alcoholic beverage;
   2. sells, gives, delivers to another person or possesses or uses or is under the influence of:
      1. marijuana if the conduct is punishable as a felony;
      2. a controlled substance if the conduct is punishable as a felony; or
      3. a dangerous drug if the conduct is punishable as a felony.
   3. sells, gives or delivers an alcoholic beverage to another person if the conduct is punishable as a felony;
   4. engages in conduct that contains the elements of an offense relating to an abusable volatile chemical;
   5. engages in conduct that contains the elements of an offense of assault that causes bodily injury to another against a school District employee or volunteer;
   6. engages in conduct that contains the elements of the offense of deadly conduct;
8. while within 300 feet of school property, as measured from any point on the school’s real property boundary line, or on school property, or at school related/sponsored activity, of another school district:
   1. Unlawful carrying of:
      1. a handgun;
      2. a location-restricted knife;        
   2. conduct containing the elements of an offense relating to prohibited weapons
   3. engages in conduct that contains the elements of the offense of:
      1. aggravated assault;
      2. aggravated sexual assault;
      3. sexual assault;
      4. arson;
      5. murder;
      6. capital murder;
      7. criminal attempt to commit murder or capital murder;
      8. indecency with a child;
      9. aggravated kidnapping;
      10. aggravated robbery;
      11. manslaughter;
      12. criminally negligent homicide; or
      13. continuous sexual abuse of young child or children.
9. engages in conduct that contains the elements of a Title V Penal Code offense or the felony offense of aggravated robbery under Section 29.03, Penal Code, as defined in TEC 37.0081, if it occurs off school property and the board or the board’s designee determines that the student’s presence in the regular classroom: threatens the safety of other students or teachers; will be detrimental to the education process; or is not in the best interests of the District’s students. A student expelled for this offense is subject to placement until:
   1. the student graduates from high school;
   2. the charges are dismissed or reduced to a misdemeanor offense; or
   3. the student completes the term of placement or is assigned to another program.
10. is a registered sex offender under court  supervision, including probation, community supervision, or parole in which case placement shall be for a minimum of a complete semester.
11. engages in conduct that contains the elements of the offense of breach of computer security under Section 33.02, Penal Code, if:
    1. the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district; and
    2. the student knowingly:
       1. alters, damages, or deletes school district property or information; or
       2. commits a breach of any other computer, computer network, or computer system.
12. engages in bullying that :(a) encourages a student to commit or attempt to commit suicide :(b) incites violence against a student through group bullying :(c) or releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student’s consent.

Bullying has the meaning assigned by TEC Section 37.0832. Intimate visual material has the meaning assigned by Section 98B.001, Civil Practice and Remedies Code.

Category III

1. A student SHALL BE placed in a discipline alternative education program if the student, while on or within 300 feet of school property, as measured from any point on the school’s real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property:
   1. engages in conduct punishable as a felony;
   2. tobacco, nicotine, or electronic smoking device violations;
   3. engages in conduct that contains the elements of the offense of assault that causes bodily injury;
   4. commits a serious act or offense while under the influence of alcohol;
   5. engages in conduct that  contains the elements of the offense of public lewdness or indecent exposure.
   6. engages in conduct that contains the elements of the offense of harassment under Section 42.07(a)(1), (2), (3), or (7), Penal Code, against an employee of the school district.
2. A student SHALL BE placed in a discipline alternative education program if the student engages in conduct on or off of school property that contains the elements of the offense of retaliation against any school employee.
3. A student SHALL BE placed in a discipline alternative education program based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if:
   1. the student receives deferred prosecution under Section 53.03, Family Code, for conduct defined as:
      1. a felony offense in Title 5, Penal Code, or
      2. the felony offense of aggravated robbery under Section 29.03, Penal Code;
   2. a court or jury finds that the student has engaged in delinquent conduct under Section 54.03, Family Code, for conduct defined as:
      1. a felony offense in Title 5, Penal Code; or
      2. the felony offense of aggravated robbery under Section 29.03, Penal Code; or
   3. the superintendent or the superintendent’s designee has a reasonable belief that the student has engaged in conduct defined as:
      1. the felony offense in Title 5, Penal Code; or
      2. the felony offense of aggravated robbery under Section 29.03 Penal Code.

Category IV

1. A student MAY BE placed in a discipline alternative education program based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if:
   1. the superintendent or designee has a reasonable belief that the student has engaged in conduct defined as a felony offense other than aggravated robbery under Section 29.03, Texas Penal Code, or those offenses defined in Title 5, Texas Penal Code; and
   2. the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.
2. A student MAY BE placed in a discipline alternative education program and/or suspended if the student engages in any of the following offenses while on school property, at any school-sponsored or school-related activity on or off of school property, or on a school bus;
   1. assault by contact or threat.
   2. possesses any weapon not classified in Texas Penal Code
   3. vandalism.
   4. criminal mischief.
   5. gangs or gang activities
   6. fraternities, sororities, or secret societies.
   7. extortion, gambling, coercion, blackmail, or hazing.
   8. habitual fighting, repeated commission of physical abuse or threat of physical abuse, or involvement in a serious fight.
   9. flagrant or extreme insubordination.
   10. aggressive, disruptive action or group demonstration that substantially disrupts or materially interferes with school activities.
   11. verbal, written, or graphic abuse that may disrupt the school environment, incite violence, can reasonably forecast a material and substantial disruption, or be perceived as a threat.
   12. directs profanity, vulgar language, or obscene gestures toward others
   13. possesses or distributes pornography.
   14. sexual harassment or offensive physical, verbal, and/or written/pictorial behavior of a sexual nature.
   15. disrupts the school environment or educational process.
   16. possesses drug paraphernalia or emits the odor of marijuana or alcohol.
   17. sells, gives, intends to deliver/delivers, possesses, uses, or is under the influence of any recreational or synthetic substance or drug meant to impair that is not listed under CAT  I-III.
   18. persistent misbehavior.
   19. cheating, copies the work of other students, or allows one’s own work to be copied.
   20. evasion or leaves school grounds or school-sponsored events without permission.
   21. plays with matches or fire.
   22. possesses ammunition.
   23. possesses or ignites fireworks.
   24. commits theft.
   25. possesses, abuses, gives, becomes impaired, or intends to deliver/delivers an over-the-counter drug to another student or abuses, one’s prescription medication.
   26. any violation of the Northside “Acceptable Use Guidelines” for internet use.
   27. engages in harassment, bullying, intimidation, or making hit lists.
   28. physical aggression.
   29. forgery.
   30. mobile technology device violation.
   31. possesses hoax bomb
   32. sells, gives, intends to deliver/delivers, possesses, uses, or is under the influence of an unknown/unidentified substance or simulated controlled substance - CBD.
   33. Mischief/horseplay
   34. commits any other conduct that constitutes a violation of state, local, or federal law not listed.
3. A student MAY BE placed in a discipline alternative education program if the student is a registered sex offender who is not under any form of court supervision and whose presence in the regular classroom:
   1. threatens the safety of other students or teachers;
   2. will be detrimental to the education process; or
   3. is not in the best interests of the District’s students.
4. A student MAY BE placed in a disciplinary alternative education program if the student:
   1. engages in bullying that encourages a student to commit or attempt to commit suicide;
   2. incites violence against a student through group bullying; or
   3. releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student’s consent.

Bullying has the meaning assigned by TEC Section 37.0832. Intimate visual material has the meaning assigned by Section 98B.001, Civil Practice and Remedies Code.

Persistent or repeated violations of the rules of conduct may result in increasingly serious penalties.

Aggravated Assault

An assault that causes serious bodily injury or uses or exhibits a deadly weapon.

Aggravated Kidnapping

Intentionally or knowingly abducts another person with the intent to hold that person for ransom or reward or use that person as a shield or hostage, or facilitate the commission of a felony or the flight after the attempt or commission of a felony, or inflict bodily injury on that person or violate or abuse that person sexually, or terrorize that person or a third person, or interfere with the performance of any governmental or political function.

Aggravated Robbery

A robbery as defined in Section 29.02, and: (1) causes serious bodily injury to another; (2) uses or exhibits a deadly weapon, or (3) causes bodily injury to another person or threatens or places another person in fear of imminent bodily injury or death, if the other person is 65 years of age or older or a disabled person.

Aggravated Sexual Assault

Sexual acts that meet the definition of aggravated sexual assault in Section 22.021 of the Texas Penal Code.

Arson

A person commits an arson offense if the person starts a fire or causes an explosion with intent to destroy or damage:

1. any vegetation, fence, or structure on open-space land; or
2. any building, habitation, or vehicle:
   1. knowing that it is within the limits of an incorporated city or town;
   2. knowing that it is insured against damage or destruction;
   3. knowing that it is subject to a mortgage or other security interest;
   4. knowing that it is located on property belonging to another;
   5. knowing that it is located within property belonging to another; or
   6. when the person is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

Assault

1. intentionally, knowingly, or recklessly causing bodily injury to another;
2. intentionally or knowingly threatening another with imminent bodily injury; or
3. intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Bias Motivated Code Violations

Students who engage in violations of the Student Code of Conduct that are motivated by bias will receive severe sanctions.

Bodily Injury

Physical pain, illness, or any other impairment of physical condition.

Bullying

1. Bullying - As defined in TEC 37.0832:
   1. means a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct that satisfies the applicability requirements provided by subsection (a-1) and that:
      1. has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property;
      2. is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student;
      3. materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or
      4. infringes on the rights of the victim at school; and
   2. includes cyberbullying.
2. Cyberbullying means bullying that is done through the use of any electronic communication device, including through the use of a  cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text messaging, a social media application, an Internet website, or any other Internet-based communication tool.
   1. This section applies to:
   2. bullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property;
   3. bullying that occurs on a publicly or privately owned school bus or vehicle being used for transportation of students to or from school or a school-sponsored or school-related activity; and
   4. cyberbullying that occurs off school property or outside a school-sponsored or school-related activity if the cyberbullying:
      1. interferes with a student’s educational opportunities; or
      2. substantially disrupts the orderly operation of a classroom, school, or school-sponsored or school-related activity.

Northside prohibits bullying and has adopted the following policy & procedures to address bullying of district students:

Reporting procedures: To obtain assistance and intervention, any student who believes that he or she has experienced bullying or believes that another student has experienced bullying should immediately report the alleged acts to a teacher, counselor, principal, or other District employee. An individual may elect to utilize the district’s Safeline for anonymously reporting an incident of bullying. The District prohibits retaliation by a student or District employee against any person who in good faith makes a report of bullying, serves as a witness, or participates in an investigation. Reports of bullying shall be made as soon as possible after the alleged act or knowledge of the alleged act. A failure to immediately report may impair the District’s ability to investigate and address the prohibited conduct. A student who intentionally makes a false claim, offers false statements, or refuses to cooperate with a District investigation regarding bullying shall be subject to appropriate disciplinary action. Any District employee who suspects or receives notice that a student or group of students has or may have experienced bullying shall immediately notify the principal or designee. A report may be made orally or in writing. The principal or designee shall reduce any oral reports to written form. The campus principal or designee will provide notice of an incident of bullying to a parent or guardian of the alleged victim on or before the third business day after the date the incident is reported; and a parent or guardian of the alleged bully within a reasonable amount of time after the incident.

Investigation of report: The principal or designee shall determine whether the allegations in the report, if proven, would constitute prohibited conduct as defined by policy FFH, including dating violence and harassment or discrimination on the basis of race, color, religion, gender, national origin, or disability. If so, the District shall proceed under policy FFH. If the allegations could constitute both prohibited conduct and bullying, the investigation under FFH shall include a determination on each type of conduct. The principal or designee shall conduct an appropriate investigation based on the allegations in the report. The principal or designee shall promptly take interim action calculated to prevent bullying during the course of an investigation, if appropriate. Absent extenuating circumstances, the investigation should be completed within ten District business days from the date of the initial report alleging bullying; however, the principal or designee shall take additional time if necessary to complete a thorough investigation. The principal or designee shall prepare a final, written report of the investigation. The report shall include a determination of whether bullying occurred, and if so, whether the victim used reasonable self-defense. A copy of the report shall be sent to the Superintendent or designee. If an incident of bullying is confirmed, the principal or designee shall promptly notify the parents of the victim and of the student who engaged in bullying.

District Action: If the results of an investigation indicate that bullying occurred, the District shall promptly respond by taking appropriate disciplinary action in accordance with the District’s Student Code of Conduct and may take corrective action reasonably calculated to address the conduct. A student who is a victim of bullying and who used reasonable self-defense in response to the bullying shall not be subject to disciplinary action. The discipline of a student with a disability is subject to applicable state and federal law in addition to the Student Code of Conduct. Examples of corrective action may include a training program for the individuals involved in the complaint, a comprehensive education program for the school community, follow-up inquiries to determine if any new incidents or any instances of retaliation have occurred, involving parents and students in efforts to identify problems and improve the school climate, increasing staff monitoring of areas where bullying has occurred, and reaffirming the District’s policy against bullying. The principal or designee shall refer to FDB for transfer provisions. The principal or designee shall notify the victim, the student who engaged in bullying, and any students who witnessed the bullying of available counseling options. If the investigation reveals improper conduct that did not rise to the level of prohibited conduct or bullying, the District may take action in accordance with the Student Code of Conduct or any other appropriate corrective action. To the greatest extent possible, the District shall respect the privacy of the complainant, persons against whom a report is filed, and witnesses. Limited disclosures may be necessary in order to conduct a thorough investigation. A student who is dissatisfied with the outcome of the investigation may appeal through FNG(LOCAL), beginning at the appropriate level. Retention of records shall be in accordance with CPC(LOCAL).

Capital Murder

Murder of a peace officer or fireman engaged in official duty, murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault, or arson, or murder for remuneration or the promise of remuneration or employs another to commit the murder for remuneration or the promise of remuneration.

Chemical Dispensing Device

A device other than a small chemical dispenser sold commercially for personal protection that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

Criminal Attempt

A person commits an offense if, with specific intent to commit an offense, the person does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.

Criminal Mischief

1. A person commits a criminal mischief offense if, without the effective consent of the owner one intentionally or knowingly damages or destroys the tangible property of the owner, or one intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person, or makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner, including graffiti on a school building.
2. A criminal mischief offense under this section is a felony if the amount of pecuniary loss is $2,500 or more but less than $30,000.
3. A criminal mischief offense under this section is a felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.
4. A criminal mischief offense under this section is a felony if the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution higher education.

Deadly Conduct

Conduct that places another in imminent danger of serious bodily injury; discharging a firearm at or in the direction of one or more individuals, or a habitation, building, or vehicle.

Deadly Weapon

A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Deliver

To transfer, actually or constructively, to another a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship.

Disruption of Classes

Emitting noise of an intensity that prevents or hinders classroom instruction, or enticing or attempting to entice a student away from a class or other school activity that the student is required to attend, or preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend, and entering a classroom without the consent of either the principal or the teacher and, through either acts of misconduct or the use of loud or profane language, disrupts class activities.

Disruptive Activities

Intentionally engaging in disruptive activity on the campus or property of any private or public school to include:

1. obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization of the administration of the school;
2. seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;
3. preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;
4. disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or
5. obstructing or restraining the passage of a person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force or violence the ingress or egress of a person to or from the property or campus without the authorization of the school.

Drugs

Any illegal drugs (such as LSD, cocaine, marijuana, etc.), and prescription drugs that are classified as dangerous drugs or controlled substances. “Including, but are not limited to: Ritalin, Adderall, Klonopin, Codeine, Xanax, Paxil, Valium, Activan, and Concerta.”

e-Cigarettes

 An electronic cigarette or any other device, including Juuls, that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device including any component, part, or accessory for the device and regardless of whether the device is manufactured, distributed, or sold as an e-cigarette.  The term does not include a prescription medical device unrelated to the cessation of smoking.

Evasion

Running away or seeking to avoid school officials.

Extortion/Shakedown

Obtaining from another student anything of value through the use of threats, intimidation, or coercion.

False Alarm or Report

Knowingly initiating, communicating, or circulating a report of a present, past or future bombing, fire, offense or other emergency that he knows is false or baseless and that would ordinarily:

1. Cause action by an official or volunteer agency organized to deal with emergencies.
2. Place a person in fear of imminent serious bodily injury; or
3. Prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance.

Fighting

Two or more persons engaged in any mutual violent or physically aggressive contact toward each other such as scuffling, pushing, shoving, or hitting.

Fireworks

A device for producing a striking display by combustion of explosive or flammable conditions.

Gambling

Playing games of chance for stakes or risking something of value with the hope of making a gain; wagering.

Gangs or Crews

An organization, combination, or association of persons composed wholly or in part of students that:

1. seeks to perpetuate itself by taking in additional members on the basis of the decision of the membership rather than on the free choice of the individual
2. that engages in illegal and/or violent activities. In identifying gangs and associated gang attire, signs or symbols, the District will consult with law enforcement.

Gang Graffiti

Graffiti is used to identify or advertise involvement in a gang or tagging crew and includes any inscription, slogan, drawing or painting on any surface.

Gang Law Violations

If the student is a member of, pledges to become a member of, joins or solicits another person to join or pledge to become a member of a public school fraternity, sorority, secret society, or gang.

Gang Prohibitions

1. Wearing, possessing, using, distributing, displaying, or selling any clothing, jewelry, emblems, badges, symbols, signs, graffiti, or other things which are evidence of membership or affiliation in a gang.
2. Committing any act or omission, or using any speech, either verbal or nonverbal (gestures, handshakes, etc.) showing membership or -affiliation in a gang.
3. Using any speech or committing any act or omission in furtherance of the interest of any gang or gang activity, including but not limited to:
   1. Soliciting others for membership in any gangs;
   2. Requesting any person to pay protection or otherwise intimidating or threatening any person;
   3. Committing any other illegal act or other violation of school district policies;
   4. Inciting other students to act with physical violence upon any other person; or
   5. Engaging in concert with others intimidating, fighting, assaulting, or threatening to assault others.

Graffiti

Intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with without the owners consent,

1. paint;
2. an indelible marker; or
3. an etching or engraving device.

Gives

The process of turning over the possession or control of an item to someone without cost or exchange.

Harassment

Threatening to cause harm or bodily injury to another student, engaging in intimidating conduct, causing physical damage to the property of another student, subjecting another student to physical confinement or restraint, or maliciously taking any action that substantially harms another student’s physical or emotional health or safety. Or conduct that is so sever, persistent, or pervasive that it has the purpose or effect of substantially or unreasonably interfering with a student’s performance; creates an intimidating, threatening, hostile, or offensive educational environment; affects a student’s ability to participate in or benefit from an educational program or activity; or otherwise adversely affects the student’s educational opportunities.

Hazing

Any act, occurring on or off the campus, by one person alone or acting with others, directed against a student, for the purposes of pledging, initiation into, affiliation with, holding office in, or maintaining membership in an organization if the act constitutes any type of physical brutality, involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student, or involves the consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, including amounts that would lead a reasonable person to believe the student is intoxicated.  Hazing includes soliciting, encouraging, directing, aiding, or attempting to aid another student in engaging in hazing, as well as having firsthand knowledge of the planning or occurrence of a specific student hazing incident without reporting the incident to a school administrator in writing. Consent to or acquiescence in the hazing activity does not excuse the student of responsibility for the misconduct.

Indecency with a Child

Engages in sexual contact with a child (younger than 17 years of age; whether the child is of the same or opposite sex; regardless of whether the person knows the age of the child at the time of the offense) or causes a child to engage in sexual contact; or with intent to arouse or gratify the sexual desire of any person: exposes the person’s anus or any part of the person’s genitals, knowing the child is present; or causes a child to expose his/her anus or any part of teh child’s genitals.

Indecent Exposure

A person exposes his or her anus or any part of his or her genitals with intent to arouse or gratify the sexual desire of any person, and is reckless about whether another is present who will be offended or alarmed by the act.

Intimate Visual Material

Possessing, accessing, or promoting lewd visual material depicting a person with the person’s intimate parts exposed or engaged in sexual conduct.

Intoxication

Not having the normal use of mental or physical faculties due to abusing a substance.

Location-Restricted Knife

A knife with a blade over 5.5 inches.

Loitering

The act of lingering idly or aimlessly about a place, wasting time or dawdling.

Minor Offense

Behavior that is disruptive to the educational process or environment without rising to the level of Category I, II, III or IV offenses (e.g., chewing gum, talking without permission, tardies, etc.). For these minor offenses, campus administrators may utilize behavioral interventions or discipline consequences at the campus level to include, but not limited to, Student/Parent conference, Behavior Contract, Detention Hall, In School Suspension, etc.

Mobile Technology Devices

Any type of device that:

1. emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor,
2. permits the recording, transmission, and/or receipt of messages, voice, images, or information in any format or media, electronic or otherwise

Murder

Intentionally or knowingly causes the death of an individual; or intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual; or in the course of committing or attempting to commit a felony, the person commits an act that is clearly dangerous to human life that causes the death of an individual.

Nuisance Items

Certain items, considered nuisances by the principal, are not permitted on school premises. Some specific examples are permanent markers, radios, cat–eye contacts, teeth jewelry, and dangerous toys. Certain items may be brought to school for academic use with prior approval of the administration.

Obscene

Material that is offensive to the acceptable standards of the majority in a community.

Organization Hazing

An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.

Persistent Misbehavior

Three or more violations of the Student Code of Conduct in general, or repeated occurrences of the same violation.

Physical Aggression

Inappropriate hostile or destructive physical behavior.

Pornography

Printed or visual material containing the explicit description or display of sexual organs or activity, intended to stimulate erotic or emotional feelings.

Possession

Actual care, custody, control, or management. Possession does not require that the person have the object being possessed on his/her person; having an object in one’s automobile, locker, bookbag or other area where one knowingly, willingly exercises care, custody, control or management over the item is possession.

Prohibited Weapons

A prohibited weapon includes the following items: armor-piercing ammunition, chemical dispensing device, explosive weapon, firearm silencer, machine gun, short-barrel firearm, zip gun, improvised explosive device or tire deflation.

Public Lewdness

Knowingly engaging in sexual contact or any type of sexual intercourse in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person’s act.  This definition also includes any act prohibited by Section 21.07 of the Texas Penal Code.

Reckless

The creation of a substantial and unjustifiable risk of harm to others and by a conscious (and sometimes deliberate) disregard for or indifference to that risk.

Retaliation

Intentionally or knowingly harms or threatens to harm another by an unlawful act in retaliation for or on account of the service of another as a public servant, witness, prospective witness, informant, or a person who has reported the occurrence of a crime.

Search

Administrators, or designees may question a student regarding the student’s own conduct or the conduct of others. In the context of school discipline, students have no claim to the right not to incriminate themselves.  Students are expected to provide any information about their conduct or that of other students.  Administrators are not required to contact parents/guardians prior to interviewing or searching students.  School officials may search the student, desk, locker, vehicle, or repository, such as any book bag, gym basket, vehicle, purse, supply packets, telecommunications devices, or anything that contains the student’s personal effects by establishing reasonable suspicion or securing the student’s voluntary consent.

Vehicles may be searched if reasonable suspicion exists to believe the search will result in evidence that school rules or other laws have been violated.  Students shall be responsible for any prohibited items found in their lockers, possession, or vehicles while on school property or at school-sponsored or school-related activities.  If a vehicle subject to search is locked, the student shall be asked to unlock the vehicle. If the student refuses to permit the vehicle to be searched, the District may contact local law enforcement officials.

Lockers and desks are the property of the Northside Independent School District and are subject to inspection/search. Inspections of lockers may be conducted by school authorities for any reason at any time, without notice, without student consent, and without a search warrant.

Students who leave campus without authorization and return may be subject to an administrative search. A vehicle that is used to transport students on or off campus without authorization is subject to an administrative search. Students who are observed in an unauthorized area during school hours may be subject to an administrative search.

Self Defense

The use of force against another to the degree a person reasonable believes the force is immediately necessary to protect him or herself from violence or harm.

Sells

Giving up, delivering, or exchanging (property, goods, services, etc.) for money or its equivalent.

Serious Bodily Injury

Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ

Sexting

1. sending or otherwise transmitting by electronic means, visual material depicting any person, including the actor, engaging in sexual conduct or depicting the breast, genitals, or anus or any person or otherwise depicting lewd or sexually graphic acts; or
2. possessing in electronic format visual material depicting another person engaging in sexual conduct or any other lewd or sexually graphic act, or depicting the breasts, genitals, or anus of another person.

Sexual Assault

Illegal sexual contact that usually involves force upon a person without consent or is inflicted upon a person who is incapable of giving consent (as because of age or physical or mental incapacity) or who places the assailant (such as a doctor) in a position of trust or authority.

Sexual Harassment

Unwanted and unwelcome verbal or physical conduct of a sexual nature, whether by word, gesture, or any other sexual conduct, including requests for sexual favors.

Terroristic Threat

Occurs when a person threatens to commit any offense involving violence to any person or property with intent to:

1. cause a reaction of any type to the person’s threat by an official or volunteer agency organized to deal with emergencies.
2. place any person in fear of imminent serious bodily injury;
3. prevent or interrupt the occupation or use of a building; room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; or
4. cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service.
5. place the public or a substantial group of the public in fear of serious bodily injury; or
6. influence the conduct or activities of a branch or agency  of the federal government, the state, or a political subdivision of the state including the district.

Theft

Unauthorized taking of the property of another without the consent of the owner with the intent of depriving the owner of the property.

Tobacco

Any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved inhaled or ingested by any other means, including but not limited to; a cigar, hookah, pipe tobacco, chewing tobacco, or snuff.  “Tobacco product” also means an electronic smoking device and any component or accessory used in the consumption of a tobacco product such as filters, rolling papers, pipes and liquids used in electronic smoking devices whether or not they contain nicotine.

Trespassing

Entering or remaining on or in school property without permission or right.

Under the Influence

Not having the normal use of mental or physical faculties; however, the student need not be legally intoxicated.

Use Substance

Voluntarily introducing into one’s body, by any means, a prohibited substance.

Vandalism (Destruction of or Damage to Property)

Willful action, which results in destructions, damage, or defacement of property belonging to or rented by the District.

Vehicles on Campus

Vehicles parked on school property are under the jurisdiction of the school. The school reserves the right to search any vehicle. Students have full responsibility for the security of their vehicles and will make certain they are locked and that the keys are not given to others. Students will be held responsible for any prohibited objects or substances, such as alcohol, drugs, and weapons that are found in their vehicles and will be subject to disciplinary action. Searches of vehicles may be conducted at any time, with or without the presence of the student.

The board delegates the authority to expel or remove students from District schools to the Superintendent, the Deputy Superintendent for Administration, the Assistant Superintendent for Administration, Executive Director for Secondary Administration, Director of Pupil Personnel the Office of Student Advocacy and School Choice (SASC), and the Pupil Personnel SASC Hearing Officers. Principals and their designated administrators also have the authority to remove students from their campuses.

In accordance with Texas Education Code Section 37.001(a)(4), consideration will be given, as a factor in the decision concerning suspension, removal to a disciplinary alternative education program, expulsion, or placement in a juvenile justice alternative education program, regardless of whether the decision concerns a mandatory or discretionary action, to:

1. self-defense;
2. intent or lack of intent at the time the student engaged in the conduct
3. a 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; or
6. a student’s status as a student who is homeless appreciate the wrongfulness of the student’s conduct.

Students who are removed from District schools and expelled, placed in a disciplinary alternative education program, or suspended are prohibited from being on District property or attending school-sponsored or school-related activities on or off of school property during the period of removal. Students who violate this prohibition may be subject to additional disciplinary sanctions.

Pursuant to TEC 37.005, a student who is enrolled in a grade level below grade three may 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 of school property, the student engages in:

1. All category I offenses.
2. conduct that contains the elements of assault, assault causing bodily injury, aggravated assault, sexual assault, and aggravated sexual assault;
3. selling, giving, or delivering to another person or possessing, using, or being under the influence of any amount of:
   1. marijuana or a controlled substance
   2. a dangerous drug
   3. an alcoholic beverage

Withdrawal from school after a student has been accused of a violation of the SCC will not prevent the District from investigating the alleged violation and, if it is determined that a violation did occur, assessing the appropriate disciplinary consequence and enforcing that consequence should the student re-enroll in the District.

Responsibilities of Authorized Persons

The board of trustees or the board’s designee (hearing officer) is charged with the responsibility of reviewing discipline cases and determining whether the student should be expelled in accordance with state law and District policy.

The student, student’s parent(s) and/or representative, shall be notified in writing of the date, time, and place of the expulsion/removal hearing.

Before a student may be expelled under Texas Education Code Section 37.007, the board or the board’s designee must provide the student a hearing at which the student is afforded appropriate due process 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 parent or guardian or another adult who can provide guidance to the student and who is not an employee of the school district. If the school District makes a good-faith effort to inform the student and the student’s parent or guardian at the time and place of the hearing, the District may hold the hearing regardless of whether the student, the student’s parent or guardian, or another adult representing the student attends. If the decision to expel a student is made by the board’s designee, the decision may be appealed to an administrative committee and that 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.

The board, or its designee, will set a term for the expulsion based on the seriousness of the offense and other relevant factors. The range may vary from thirty successful days to a full calendar year.

Appeal of an Expulsion to an Administrative Committee

A decision by the board’s designee (hearing officer) to expel a student may be appealed to the administrative committee. A request for an administrative committee review of the hearing officer’s decision to expel a student will be made in writing to the hearing officer within five (5) school days after receipt of the written decision. Failure to appeal within the allotted time will constitute a waiver of appeal. Consequences will not be delayed pending the outcome of the appeal.

Appeal of an Expulsion to the Board of Trustees

Request for a board review of a decision to expel a student shall be made in writing to the superintendent within five (5) school days after receipt of the written decision of the administrative committee. Failure to appeal within the allotted time shall constitute a waiver of appeal. The superintendent shall provide the parent(s) written notice of the date, time, and place of the review. A copy of the procedural guidelines for the hearing will be sent to the parents. The parties may make oral statements to the board at the time of the board review. Board members will have an opportunity to address questions to either side and to hear responses. The board shall base its decision solely on the record and recommendation prepared by the hearing officer, the administrative committee, and any statements made by the parties at the review. The board shall also have the authority to remand the case to the hearing officer for further fact-finding. The decision of the board shall be rendered and sent in writing to the parent(s).

Appeal of Board’s Decision

The decision of the board may be appealed by trial de novo to a state district court of the county in which the school district’s central administrative office is located. The student shall be expelled pending the appeal.

Not later than the second business day after the date a hearing is held, the board of trustees of a school district or the board’s designee shall deliver a copy of the order placing a student in an alternative education program or expelling a student and any information required under Section 52.04, Texas Family Code, to the authorized officer of the juvenile court in the county in which the student resides.

An expelled student shall to the extent provided by law or by the memorandum of understanding immediately attend the juvenile justice alternative education program (Juvenile Justice Academy) from the date of expulsion, provided that the expelled student is not detained or receiving treatment under an order of the juvenile court or is placed in a more appropriate placement by a legally constituted ARD committee.

If a student is expelled under Texas Education Code (TEC) Section 37.007(c), the board or its designee shall refer the student to the authorized officer of the juvenile court for appropriate proceedings under Title 3, Texas Family Code.

If a student is expelled under TEC Section 37.007, on the recommendation of the committee established under TEC Section 37.003 or on its own initiative, a district may readmit the student while the student is completing any court disposition requirements the court imposes. After the student has successfully completed any court disposition requirements the court imposes, including conditions of a deferred prosecution ordered by the court, or such conditions required by the prosecutor or probation department, if the student meets the requirements for admission into the public schools, a district may not refuse to admit the student, but the district may place the student in the alternative education program. Notwithstanding TEC Section 37.002(d), the student may not be returned to the classroom of the teacher under whose supervision the offense occurred without that teacher’s consent. The teacher may not be coerced to consent.

If an expelled student enrolls in another school district, the district shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the expulsion order and the referral to the authorized officer of the juvenile court. The district in which the student enrolls may continue the expulsion under the terms of the order, may place the student in a discipline alternative education program for the period specified by the expulsion order, or may allow the student to attend regular classes without completing the period of expulsion.

If a student is expelled from school under TEC Section 37.007(a),(d), or (e), the juvenile court shall:

1. If the student is placed on probation under Section 54.05, Texas Family Code, order the student to attend the juvenile justice discipline alternative education program (Juvenile Justice Academy) from the date of disposition as a condition of probation, unless the child is placed in a post-adjudication treatment facility.
2. If the student is placed on deferred prosecution under Section 53.03, Texas Family Code, by the court, prosecutor, or probation department, require the student to immediately attend the juvenile justice -discipline alternative education program (Juvenile Justice Academy) for a  period not to exceed six months as a condition of the deferred prosecution.
3. If during a term of a placement or expulsion, a student engages in additional conduct for which placement and a disciplinary alternative education program are permitted, additional proceedings may be conducted regarding that conduct and the principal or board, as appropriate, may enter an additional order as a result of those proceedings.

Before a student is removed to a discipline alternative education program, the board’s designee will conduct a hearing to determine whether a student violated district policy.

If the board’s designee finds the allegations are true, the student may be removed to a discipline alternative education program for a period of time to be determined by the board’s designee. If the board’s designee finds that the allegations are not true, the student may be returned to the classroom.

The Northside Independent School District is required to provide a discipline alternative education program that:

1. is provided in a setting other than a student’s regular classroom;
2. is located on or off a regular school campus;
3. provides for the students who are assigned to the discipline alternative education program to be separated from students who are not assigned to the program;
4. focuses on English Language Arts, Mathematics, Science, History, and self-discipline;
5. provides for student’s educational and behavioral needs; and
6. provides supervision and counseling;
7. requires that to teach in an off-campus DAEP, each teacher must meet all certification requirements.

A school district is required to provide in the district disciplinary alternative education program a course necessary to fulfill a student’s high school graduation requirements only as provided by this subsection.  A school district shall offer a student removed to a disciplinary alternative education program an opportunity to complete coursework required for graduation. The school district may provide the student an opportunity to complete coursework through any method available, including a correspondence course, distance or Skype learning, night school or summer school.  The district may not charge the student for a course provided.

Northside Discipline Elementary Alternative School

The Northside Alternative Elementary school program, which offers a supervised, highly structured, positive but disciplined educational setting for those Northside elementary students whose disruptive and/or unacceptable behavior at their regular school may not require expulsion, but whose behavior requires removal from their home campus. The program operates with a full-time professional and paraprofessional staff provides for students continuing their regular course work to the extent possible. Courses include reading, Language Arts, Math, Science and Social Studies. The social curriculum is based upon social skills taught by the program teachers. Students who commit a violation of the Student Code of Conduct are assigned to the school for a period of time to be determined by the board’s designee.

Northside Discipline Alternative Middle School

The Northside Alternative Middle School program is a discipline alternative education program for students who engage in serious or persistent misbehavior, or who violate specific, published standards of student conduct.

Middle school students will receive instruction in English, Language arts, Science, Math, Social studies and physical education. Methods of presentation will include: individualized, small group and full class instruction by the regular classroom teacher. The school operates with a full-time professional and paraprofessional staff.

Counseling services are available for students assigned to the middle school discipline alternative education program. Counselors provide students assistance with transitional planning as they prepare to return to their home school.  Assistance is also provided to parents through individual consultation, parent education, and referral to other district and community programs, if appropriate.

The purpose of the Northside Alternative Middle School is to provide a positive and disciplined educational setting for Northside middle school students where the students are taught and encouraged to make more appropriate decisions resulting in improved behavior and academic success.

Northside Discipline Alternative High School

The Northside Alternative High School is a discipline alternative education program for secondary students who engage in serious or persistent misbehavior, or who violate specific, published standards of student conduct. The school provides for students continuing their regular coursework to the extent possible under such circumstances. The curriculum is based on individualized or small group instruction provided by a regular classroom teacher. If students meet the criteria established for the program, they will be eligible to return to their home campus.

Counseling services are available for students assigned to the alternative high school. Professional school counselors provide individual and group counseling. The counselors provide students assistance with transitional planning as they prepare to return to their home school.  Assistance is also provided to parents through individual consultation, parent education, and referral to other district and community programs, if appropriate.

The school operates with a full-time professional and paraprofessional staff.

Texas Education Code 37.006(g) prohibits a student from attending or participating  in school-related activities during a period of placement in a Discipline Alternative Education Program (DAEP).  Therefore, a graduating senior who has a current or pending placement to a DAEP will not be permitted to participate in graduation ceremony, unless the student has obtained permission from the campus principal.

Code of Criminal Procedure, Article 15.27 establishes requirements for notifications that must be given to education officials and persons supervising students when students are arrested, referred, convicted, or adjudicated for certain criminal offenses or when other actions are taken related to the juvenile’s case. The notification requirements apply to students in public or private schools and are required for any felony offense and for the misdemeanor offenses of unlawful restraint, indecent exposure, assault, deadly conduct, terroristic threat, organized crime, and certain drug and weapons offenses. Law enforcement agencies and prosecutors must send notices to school superintendents, who then must notify persons supervising a student.

A principal or a principal’s designee shall inform education officials and persons who have the responsibility for supervising a student who has engaged in any aforementioned violations listed in Categories I, II, or III of the Student Code of Conduct, including pertinent information contained in the contents of the placement order, if any. All school personnel shall keep the information received confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student’s parent or guardian as provided for by state or federal law. This section includes conduct of the student  unrelated to school and in a previous school district.

Expulsion and Placement of Certain Students in Alternative Settings

The board of trustees of a school district, or the board’s designee, after an opportunity for a hearing may elect to place a student in a disciplinary alternative education program if:

1. the student:
   1. has received deferred prosecution under Section 53.03, Texas Family Code, for conduct defined as a felony offense in Title 5, Texas Penal Code; or the felony offense of aggravated robbery under Section 29.03, Penal Code or
   2. has been found by a court or jury to have engaged in delinquent conduct under Section 54.03, Texas Family Code, for conduct defined as a felony offense in Title 5, Texas Penal Code or the felony offense of aggravated robbery under Section 29.03, Penal Code; and
2. the board or the board’s designee determines that the student’s presence in the regular classroom:
   1. threatens the safety of other students or teachers;
   2. will be detrimental to the educational process; or
   3. is not in the interest of the district’s students.

Any decision of the board of trustees or the board’s designee is final and may not be appealed.

The board of trustees or the board’s designee may order placement in accordance with this section regardless of:

1. the date on which the student’s conduct occurred;
2. the location at which the conduct occurred;
3. whether the conduct occurred while the student was enrolled in the District; or
4. whether the student successfully completed any court disposition requirements in connection with the conduct.

The board of trustees or the board’s designee may order placement for any period considered necessary by the board or the board’s designee. A student placed in a disciplinary alternative education program is entitled to periodic review.

Mandatory Removal

A student shall be removed from class and placed in a discipline alternative education program based on conduct occurring off-campus and while the student is not in attendance at a school-sponsored or school-related activity if:

1. The student receives deferred prosecution under Texas Family Code 53.03 for conduct defined as a felony offense in Title 5, Texas Penal Code (offenses against the person);  or the felony offense of aggravated robbery under Section 29.03, Penal Code or
2. A court or jury finds that the student has engaged in delinquent conduct under Texas Family Code 54.03 for conduct defined as a felony offense in Title 5, Texas Penal Code; or the felony offense of aggravated robbery under Section 29.03, Penal Code or
3. The superintendent or designee has a reasonable belief that the student has engaged in conduct defined as a felony offense in Title 5, Texas Penal Code or the felony offense of aggravated robbery under Section 29.03, Penal Code.

Permissive Removal

A student may be removed from class and placed in a discipline alternative education program based on conduct occurring off-campus and while the student is not in attendance at a school-sponsored or school-related activity if:

1. The superintendent or designee has a reasonable belief that the student has engaged in conduct defined as a felony offense other than aggravated robbery under Section 29.03, Texas Penal Code, or those offenses listed in Title 5, Texas Penal Code and
2. The continued presence of the student in the regular classroom threatens the safety of other students or teacher or will be detrimental to the educational process.

Reasonable Belief

In determining whether there is a reasonable belief that a student has engaged in conduct defined as a felony offense, the superintendent or designee shall consider all available information, including the information furnished under Article 15.27, Texas Code of Criminal -Procedure.

Not Guilty/Insufficient Evidence/Charges Dropped

The superintendent or designee shall review the student’s placement in the discipline alternative education program upon receipt of notice under Article 15.27 (g), Texas Code of Criminal Procedure, stating that:

1. Prosecution of a student was refused for lack of prosecutorial merit or insufficient evidence, and no formal proceedings, deferred adjudication, or deferred prosecution will be initiated; or
2. A court or jury found the student not guilty or made a finding the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case was dismissed with prejudice.

The student may not be returned to the regular classroom pending the review. The superintendent or designee shall schedule a review of the student’s placement with the student not later than the third class day after the superintendent or designee receives notice from the office or official designated by the court. After reviewing the notice and receiving information from the student’s parent or guardian, the superintendent or designee may continue the student’s placement in the DAEP if there is reason to believe that the presence of the student in the regular classroom threatens the safety of other students or teachers.

Appeal to Placement in DAEP for Conduct Unrelated to School

The student or the student’s parent or guardian may appeal the superintendent’s decision to the board. The student may not be returned to the regular classroom pending the appeal. The board shall, at the next regularly scheduled meeting, review the notice received under Article 15.27, Texas Code of Criminal Procedure, and information received from the student, the student’s parent or guardian, and the superintendent or designee and confirm or reverse the superintendent’s decision. If the board confirms the decision, the board shall inform the student and the student’s parent or guardian of the right to appeal to the commissioner. The student may not be returned to the regular classroom pending the appeal to the commissioner.

Teacher Removals, or Office Referral by a Teacher

A teacher or paraprofessional that has primary supervisory responsibility for students may send a student to the principal’s office to maintain effective discipline in the classroom.

The principal shall respond by employing appropriate discipline management techniques consistent with the Student Code of Conduct. The student may be returned to the class following administrative action.

Discretionary Removal by a Teacher

A teacher may remove from class a student:

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

Mandatory Removal by a Teacher

A teacher shall remove from class and send to the principal for placement in a discipline alternative education program or for expulsion, as appropriate, a student who engages in conduct described in Categories I, II or III on page C-2 and C-3.

If the teacher removes the student for one of the above listed offenses, the student may not be returned to the teacher’s class without the teacher’s consent.

Notification of Student Code of Conduct Violation

If the student has violated the Student Code of Conduct, the principal shall send a copy of the teacher’s written report documenting the violation to the student’s parents or guardians within 24 hours.

Interim Placement Pending Conference

After the student is removed from class, the principal may place the student in another appropriate classroom, in-school suspension, or a discipline alternative education program. The student may not be returned to the regular class pending the conference described below.

Not later than the third class day after the day on which a student is removed from class by a teacher or by a school administrator, the principal or other appropriate administrator shall schedule a conference which includes the principal or other appropriate administrator, a parent or guardian of the student, the teacher removing the student from class, if any, and the student. At the conference, the student is entitled to written or oral notice of the reasons for removal, an explanation of the basis for the removal, and an opportunity to respond to the reasons for the removal. The student may not be returned to the regular class pending the conference. Following the conference, and whether or not each requested person is in attendance after valid attempts to require the person’s attendance, the principal shall determine the disposition of the case consistent with the Student Code of Conduct.

The board or designee shall determine the term for a student’s placement in a discipline alternative education program when the student is removed by a teacher or when the student is removed for engaging in conduct for which a student is required to be removed. The term of placement to discipline alternative education programs is individually determined by the board or the board’s designee based on factors such as the student’s grade, age, attitude, history of misconduct, seriousness of the offense committed, potential effect of the conduct on the school environment, requirements of State law and the Student Code of Conduct. The normal assignment to the discipline alternative education program for secondary students is thirty successful days and fifteen successful days for elementary students. Students with egregious offenses on or off campus or persistent or repeated violations of the rules of conduct may be subject to increasingly longer terms of assignment.

If placement in a discipline alternative education program is to extend beyond the end of the next grading period, the student’s parent or guardian is entitled to notice of and an opportunity to participate in a proceeding before the board or designee. Any decision of the board or designee concerning placement beyond the end of the next grading period is final and cannot be appealed.

Before a student may be placed in a discipline alternative education program for a period that extends beyond the end of the school year, the board or designee must make one of the following determinations:

1. The student’s presence in the regular classroom or at the student’s regular campus poses a danger of physical harm to the student or another individual;
2. The student has engaged in serious or persistent misbehavior that violated the District’s Student Code of Conduct.

120 Day + Review of Status

A student placed in a discipline alternative education program shall be provided a review of the student’s status including a review of the student’s academic status, by the board’s designee at intervals not to exceed 120 days. In the case of a high school student, the board’s designee, with the student’s parent or guardian, shall review the student’s progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student.

At the review, the student or the student’s parent or guardian must be given the opportunity to present arguments for the student’s return to the regular classroom or campus. The student may not be returned to the classroom of the teacher that removed the student without that teacher’s consent. The teacher cannot be coerced to consent.

No Appeal

Pursuant to the Texas Education Code (TEC) 37.009, a decision made by a SASC (Office of Student Advocacy and School Choice) hearing officer, serving as the Board’s designee, to remove a student to a discipline alternative education program, other than an expulsion, is final and may not be appealed.

1. If a student placed in a discipline alternative education program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The district in which the student enrolls may continue the discipline alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.
2. The board or the board’s designee shall deliver to the student and the student’s parent or guardian a copy of the order placing the student in a discipline alternative education program or expelling the student.

The placement of a student with disabilities who receives special education services may be made only by a duly constituted admission, review, and dismissal (ARD) committee. A student with a disability who receives special education services may not be placed in discipline alternative education programs solely for educational purposes if the student does not also meet the criteria for alternative placement for their conduct.

Any discipline action regarding a student with disabilities that would constitute a change in placement under federal law may only occur after a manifestation determination review has been conducted by the student’s admission, review, and dismissal committee.

All disciplinary actions regarding a student with a disability who receives special education services shall be determined in accordance with federal law and regulations, including the provision of functional behavioral assessments; positive behavioral interventions, strategies, and supports; behavioral intervention plans; and the manifestation determination review.

Placement of Students with Section 504 plans

The placement of a student with a disability who receives Section 504 accommodations may be made only by a constituted Section 504 committee. A student with a disability may not be placed in discipline alternative education programs solely for educational purposes if the student does not also meet the criteria for alternative placement for their conduct.

Any disciplinary action regarding a student with disabilities that would constitute a change in placement under federal law may only occur after a manifestation determination review has been conducted by the student’s Section 504 committee.

Use of Confinement

It is the policy of this state to treat all students with dignity and respect.  A student with a disability may not be confined in a locked box, locked closet, or other specially designed locked space as either a discipline management practice or a behavior management technique.

The principal or other appropriate administrator may suspend a student who engages in conduct described under Category I, II, III, and IV offenses.

A suspension may not exceed three days.

The District shall not impose a grade penalty for make-up work after an absence because of suspension.

In-school suspension is an on-campus setting for students who commit disciplinary infractions, where the student continues to receive instruction in each course to the extent possible in-School Suspension consequences may not exceed three days..

For minor infractions of the Student Code of Conduct or campus or classroom rules, teachers or administrators may detain students after school hours on one or more days. Before being assigned to detention, a student will be informed of the behavior that allegedly constitutes the violation, and will be given an opportunity to explain his or her version of the incident. The period of time for which a student is assigned to detention will be used for educational purposes.

Notice of Assignment to Detention

When detention is used, notice will first be given to the student’s parent to inform him or her of the reason for the detention and permit arrangements for the necessary transportation of the student. Except in the case of a student who is 18 years of age or older, the detention will not begin until the parents have been notified. The student’s parents, if the student is a minor, may be required to provide transportation when the student has been assigned to detention.

The principal or the principal’s designee may order the immediate placement of a student in an alternative placement if the principal or the principal’s designee reasonably believes the student’s behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher’s ability to communicate effectively with the students in a class, with the ability of students to learn or with the operation of school or a school-sponsored activity.

The principal or the principal’s designee may order the immediate expulsion of a student if the principal or the principal’s designee reasonably believes that action is necessary to protect persons or property from imminent harm.

At the time of the emergency placement or expulsion, the student shall be given oral notice of the reason for the action. The reason must be a reason for which placement in a disciplinary alternative education program or expulsion may be made on a non-emergency basis.  Within a reasonable time after the emergency placement or expulsion, the student will be accorded the appropriate due process. If the student subject to the emergency placement or expulsion is a student with disabilities who receives special education services, the term of the student’s emergency placement or expulsion is subject to federal law and regulations and must be consistent with consequences that would apply to a student without a disability.

Students who violate the Student Code of Conduct shall be subject to any or all of the following disciplinary actions:

1. counseling by teachers, special services, or administrative personnel;
2. student-parent-teacher conferences;
3. time out;
4. behavioral contract;
5. assigned school duties other than classroom tasks;
6. verbal correction;
7. temporary confiscation of items that disrupt the educational process;
8. withdrawal of privileges, including participation in extracurricular -activities and honorary positions;
9. referral to the office;
10. detention;
11. probation;
12. rewards or demerits;
13. referral to an outside agency and/or authority for criminal prosecution in addition to disciplinary measures imposed by the district;
14. removal from office, clubs or organizations;
15. in-school suspension;
16. suspension;
17. placement in discipline alternative education program;
18. expulsion;
19. emergency expulsion or emergency placement;
20. judicial proceedings.

When imposing discipline, District personnel shall adhere to the following general guidelines: discipline will be administered when necessary to protect students, school employees, or property and maintain essential order and discipline; students shall be treated fairly and equitably; discipline shall be based on a careful assessment of the circumstances of each case; factors to consider shall include the seriousness of the offense, the student’s age, the frequency of the misconduct, the student’s attitude, the potential effect of the misconduct on the school environment, other pertinent factors such as self-defense, and requirements of State law and the Student Code of Conduct.

A disabled student’s Individual Education Plan (IEP) which addresses the student’s special needs will be reviewed prior to determining a disciplinary action.

The Northside Independent School District has its own police department in operation 24 hours a day. The department works closely with the surrounding police departments to assist at all Northside schools and functions. The Northside Police Department investigates acts that would be considered a violation of the law or harmful to Northside schools or students. Northside police officers are commissioned and have the authority to arrest violators of the law both on and off District property. They may also issue traffic tickets on or around school District property and may also write citations for violations of the Texas Penal Code (i.e., disorderly conduct).

The student’s parent or guardian shall be notified if any prohibited articles or materials are found in the student’s locker or vehicle parked on school property, or on the student’s person as a result of a search conducted in accordance with this policy.

A parent or other person who has the duty of control and reasonable discipline of a child is liable for any property damage proximately caused by:

1. The negligent conduct of the child if the conduct is reasonably attributable to the negligent failure of the parent or other person to exercise that duty; or
2. The willful and malicious conduct of a child who is at least ten years of age but under 18 years of age.

Administrators, teachers, and other professional personnel may question a student regarding the student’s own conduct or the conduct of other students. In the context of school discipline, students have no claim to the right not to incriminate themselves.

Students are expected to provide any information about their conduct or that of other students. Administrators are not required to contact parents/guardians prior to interviewing students.

Parents/Guardians will be contacted and informed of the available information regarding their son or daughter at the discretion of the administrator conducting the investigation.  The intention is to conduct an efficient and effective investigation and to avoid causing parents/guardians undue alarm or anxiety based on incomplete information.

School administrators will report crimes as required by law and may contact local law enforcement regarding suspected criminal activity.  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.

Trained dogs’ sniffing of cars and lockers does not constitute a search under the Fourth Amendment. The alert of a trained dog to a locker, vehicle, or any personal item not in the student’s immediate possession provides reasonable cause for a search if the dog is reasonably reliable in indicating that contraband is currently present.

Video surveillance data collected from cameras on school property is treated as confidential as per the provisions of the Family Educational Rights and Privacy Act (FERPA) and not subject to public disclosure.  School officials may share video footage with a student or parent but only if the video does not disclose personally identifiable information regarding another student.  Personally identifiable information may only be disclosed to third parties in very narrow circumstances such as in response to a judicial order or subpoena.

High School Only: Upon enrollment, all students will be issued a student identification card by Administration. Students are to wear their school I.D. card while on campus at all times. I.D.'s are to be visible and on their person.

The first card is issued free of charge. Lost or stolen cards will be replaced for a $5.00 fee. A student must present his/her I.D. card to any staff member upon request.