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Dear Waxahachie Families:

As required by state law, the Waxahachie Independent School District Board of Trustees has officially

adopted the Student Code of Conduct in order to promote a safe and orderly learning environment for every

student.

We believe in fair and consistent discipline that encourages students to be responsible for their actions. At

school, we try to create a safe environment where courtesy and kindness prevail, and where there is respect

for differences in other people, customs, and cultures.

We urge you to read this publication thoroughly and to discuss it with your family. If you have any

questions about the required conduct and consequences for misconduct, we encourage you to ask for an

explanation from your student’s campus principal or other appropriate administrator.

Please share with your child’s teacher(s) any information regarding his or her special needs. Our goal is to

meet the needs of every child in our district. We also believe that communication between parents,

students, and teachers is critical in assuring student success.

If you ever have any questions, feel free to drop by my office at 411 North Gibson Street or call me at (972)

923-4631.

Thank you for your support!

Sincerely,

Thomas J. Collins

Superintendent

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The Waxahachie Independent School District takes great pride and responsibility in maintaining safety and

security on all campuses. An “action team” composed of professional educators, parents, and business

leaders have been working together to develop strategies to address the security and safety needs of the

Waxahachie Independent School District.

1. Possession of weapons, alcohol and other drugs at school, on school transportation, or at a schoolrelated

activity will not be tolerated.

2. All students are expected to attend school all day every day school is in session and comply with the

dress code and all other rules.

3. The following pages contain the Waxahachie Independent School District’s Code of Conduct. Parents

or guardians should become familiar with the discipline rules of the school district and be aware of the

student’s responsibilities.

4. It is important for you to read the Code of Conduct and review and discuss its contents with your child.

By being informed and working together, we can increase the educational achievements of our

students. Consistent and fair discipline procedures help to ensure that learning is the priority for our

district. Questions and complaints regarding any school district policies, procedures or personnel

should be directed to the campus principal or other appropriate district administrative personnel.

5. Please complete the form below and return it to your child’s school to indicate that you have read a

copy of the Waxahachie Independent School District’s Code of Conduct.

--------------------------------------------------------------------------------------------------------------------------------

I have read a copy of the 2007-08 Waxahachie Independent School District’s Student Code of Conduct. I

am acknowledging that I have received the school district offered insurance packet.

Signature of Student:_____________________________________________ Date:__________________

Grade: __________ WISD Campus: _______________________________________________________

Signature of Parent/Guardian:________________________________________ Date:________________

I have read and understand the Class I through Class 5 Discipline Offenses in the WISD Student Code of

Conduct.

Signature of Student:_____________________________________________ Date:__________________

Signature of Parent/Guardian:________________________________________ Date:________________

I understand that my computer use is not private and that the District will monitor my activity on the

computer screen. I have read the District’s Technology Policy and agree to abide by its provisions. I

understand that violation of these provisions may result in suspension or revocation of my system access.

My son/daughter may □ or may not □ (check one) use the Internet.

Signature of Student:_____________________________________________ Date:__________________

Signature of Parent/Guardian:________________________________________ Date:________________

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Student Code of Conduct...........................................................................................................................- 6 -

Purpose .................................................................................................................................................- 6 -

School District Authority and Jurisdiction .................................................................................................- 7 -

Reporting Crimes..................................................................................................................................- 7 -

Revoking Transfers...............................................................................................................................- 7 -

Standards for Student Conduct ...................................................................................................................- 8 -

Discipline Management Techniques ..........................................................................................................- 8 -

Students with Disabilities ......................................................................................................................- 8 -

Techniques............................................................................................................................................- 8 -

Notification.........................................................................................................................................- 10 -

Appeals ...............................................................................................................................................- 10 -

General Conduct Violations .....................................................................................................................- 10 -

Class I .................................................................................................................................................- 11 -

Class II................................................................................................................................................- 12 -

Class III ..............................................................................................................................................- 14 -

Class IV ..............................................................................................................................................- 16 -

Class V................................................................................................................................................- 20 -

Removal from the Regular Educational Setting .......................................................................................- 10 -

Routine Referral .................................................................................................................................- 22 -

Formal Removal .................................................................................................................................- 22 -

Returning Student to Classroom..........................................................................................................- 22 -

Corporal Punishment ...............................................................................................................................- 23 -

Detention .................................................................................................................................................- 22 -

Suspension...............................................................................................................................................- 23 -

Disciplinary Alternative Education Program (DAEP) Placement ............................................................- 22 -

Mandatory Placement: Misconduct That Requires DAEP Placement .................................................- 25 -

Sexual Assault and Campus Assignments ...........................................................................................- 26 -

Length of Placement ............................................................................................................................- 26 -

Exceeds One Year........................................................................................................................... 27 -

Exceeds School Year ......................................................................................................................- 27 -

Exceeds 60 Days............................................................................................................................- 27 -

Restrictions during Placement .............................................................................................................- 27 -

Placement and/or Expulsion for Certain Serious Offenses.......................................................................- 29 -

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Registered Sex Offenders ....................................................................................................................- 29 -

Certain Felonies..................................................................................................................................- 29 -

Expulsion.................................................................................................................................................- 31 -

Mandatory Expulsion: Misconduct That Requires Expulsion .............................................................- 32 -

Length of Expulsion ............................................................................................................................- 34 -

Glossary...................................................................................................................................................- 36 -

Elementary (PreK-Grade 5) Student Dress Code .....................................................................................- 40 -

Secondary (Grades 6-12) Student Dress Code .........................................................................................- 41 -

Extracurricular Activities .........................................................................................................................- 43 -

WISD Technology Policy......................................................................................................................... 45 -

WISD Publications Policy........................................................................................................................- 50 -

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The Student Code of Conduct is the district’s response to the requirements of Chapter 37 of the Texas

Education Code.

The Code provides methods and options for managing students in the classroom and on school grounds,

disciplining students, and preventing and intervening in student discipline problems.

The law requires the district to define misconduct that may—or must—result in a range of specific

disciplinary consequences including removal from a regular classroom or campus, suspension, placement

in a Disciplinary Alternative Education Program (DAEP), or expulsion from school.

This Student Code of Conduct has been adopted by the Waxahachie Independent School District Board of

Trustees and developed with the advice of the district-level committee. This Code provides information to

parents and students regarding standards of conduct, consequences of misconduct, and procedures for

administering discipline.

In accordance with state law, the Code will be posted at each school campus or will be available for review

at the office of the campus principal. The Code is also available on the district website at:

http://www.wisd.org

Parents will be notified by phone, in writing, or by mail of any conduct violation that may result in a

student being suspended, placed in a DAEP, or expelled.

Because the Student Code of Conduct is adopted by the district’s Board of Trustees, it has the force of

policy; therefore, in case of conflict between the Code and the student handbook, the Code will prevail.

(Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973) is subject

to the provisions of those laws.

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School rules and the authority of the district to administer discipline apply whenever the interest of the

district is involved, on or off school grounds, in conjunction with or independent of classes and schoolsponsored

activities.

The district has disciplinary authority over a student:

1. During the regular school day and while the student is going to and from school on district

transportation;

2. During breakfast or lunch periods in which a student is on or off campus.

3. While the student is in attendance at any school-related activity, regardless of time or location;

4. For any school-related misconduct, regardless of time or location;

5. When retaliation against a school employee or volunteer occurs or is threatened, regardless of time or

location;

6. When criminal mischief is committed on or off school property or at a school-related event;

7. For certain offenses committed within 300 feet of school property as measured from any point on the

school’s real property boundary line;

8. For certain offenses committed while on school property or while attending a school-sponsored or

school-related activity of another district in Texas;

9. When the student commits a felony, as provided by Education Code 37.006 or 37.0081; and

10. When the student is required to register as a sex offender.

The district has the right to search a vehicle driven to school by a student and parked on school property

whenever there is reasonable cause to believe it contains articles or materials prohibited by the district.

The district has the right to search a student’s person, backpack or book bag, purse, or locker when there is

reasonable cause to believe it contains articles or materials prohibited by the district. Also, district

administrators and security officers conduct routine campus inspections and searches which may include

the use of specially trained dogs.

School administrators will report crimes as required by law and will call local law enforcement when an

administrator suspects that a crime has been committed on campus.

WISD also promotes and supports the Crime Stoppers hotline and services for the community.

The district has the right to revoke the transfer of a nonresident student for violating the district’s Code.

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Each student is expected to:

Discipline will be designed to improve conduct and to encourage students to adhere to their responsibilities

as members of the school community. Disciplinary action will draw on the professional judgment of

teachers and administrators and on a range of discipline management techniques. Discipline will be

correlated to the seriousness of the offense, the student’s age and grade level, the frequency of misbehavior,

the student’s attitude, the effect of the misconduct on the school environment, and statutory requirements.

Because of these factors, discipline for a particular offense (unless otherwise specified by law) may bring

into consideration varying techniques and responses.

The discipline of students with disabilities is subject to applicable state and federal law in addition to the

Student Code of Conduct. To the extent any conflict exists, state and/or federal law will prevail.

In accordance with the Education Code, a student who is enrolled in a special education program may not

be disciplined for conduct meeting the definition of bullying, harassment, or making hit lists (see glossary)

until an ARD committee meeting has been held to review the conduct.

In deciding whether to order suspension, DAEP placement, or expulsion, the district will take into

consideration a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of

the student’s conduct.

The following discipline management techniques may be used—alone or in combination—for behavior

prohibited by the Student Code of Conduct or by campus or classroom rules:

which the student is not physically prevented from leaving

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holding honorary offices, or membership in school-sponsored clubs and organizations

Expulsion for Certain Serious Offenses section of this Code

measures imposed by the district

The following disciplinary measures may be used, alone or in combination with each other or any of the

previously listed techniques, for serious misbehavior that violates the Student Code of Conduct or campus

or classroom rules:

the alternative program

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The district may impose campus or classroom rules in addition to those found in Classes I-V lists of

offenses. These rules may be posted in classrooms or given to the student and may or may not constitute

violations of the Code.

Federal law regarding the education of students with disabilities (IDEA and Section 504) imposes specific

procedures and limitations on the discipline of students with disabilities. For further information on this

topic, please contact the campus principal, who will direct you to the special education staff or the Director

of Special Education. Information is also available to parents of students with disabilities in the

“Explanation of Rights and Procedural Safeguards of a Parent with a Child with Disabilities in School,”

which is provided to parents at the time of admission to special education and at every ARD meeting.

The campus principal or appropriate administrator will notify a student’s parent by phone or in writing of

any violation that may result in a suspension, placement in a DAEP, or expulsion. Notification will be

made within three school days after the administrator becomes aware of the violation.

Parents will not necessarily be informed of every classroom infraction.

Parental questions or complaints regarding disciplinary measures should be addressed to the teacher or

campus administration, as appropriate, and in accordance with WISD Board Policy FNG(LOCAL). A copy

of the policy may be obtained from the principal’s office, central administration office, or through Policy

On-line at the following Internet address:

http://www.wisd.org (under the “Board of Trustees” pull-down menu)

Consequences will not be deferred pending the outcome of a grievance.

For Class I-III “appeal” information, please see pages 11-15. For Class IV, see page 18. For Class V, see

page 21.

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A student shall be subject to disciplinary measures if he or she commits any of the following acts while

within 300 feet of school property as measured from any point on the school’s real property line, or while

attending a school-sponsored or school-related activity on or off the property.

1. Student misbehavior (not abusive, threatening, or violent)

2. Tardiness to school and class

3. Violation of the Dress Code

4. Littering

5. Running or making excessive noise in the hall, classroom, or building

6. Neglecting to bring required materials or assigned work to class

7. Eating or drinking in an undesignated area

8. Minor class disruptions

which the student is not physically prevented from leaving

holding honorary offices, or membership in school-sponsored clubs and organizations

An appeal of a Class I decision must be made in writing to the campus principal or other appropriate

administrator within three school days.

The appeal of a Class I decision is exhausted at the campus principal level.

Consequences will not be deferred pending the outcome of a grievance.

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A student shall be subject to disciplinary measures if he or she commits any of the following acts while

within 300 feet of school property as measured from any point on the school’s real property line, or while

attending a school-sponsored or school-related activity on or off the property.

1. Repeated violation of Class I offenses

2. Repeated violations of the Dress Code

3. Repeated tardiness to school and class

4. Failure to serve detention

5. Behaving in any way that disrupts the school environment or educational process

6. Engaging in an act of familiarity with another and/or inappropriate public display of affection

7. Truancy (skipping school, cutting class, going to the parking lot, leaving school grounds after arrival)

8. Being present in an area without authorization

9. Telling a falsehood to an adult (not associated with an investigation)

10. Violating parking rules/procedures

11. Scholastic dishonesty, which includes but is not limited to, cheating on a test, plagiarism, or

unauthorized collaboration with another person in preparing written or computer generated work

12. Possession lighters or matches

13. Failure to wear or present campus ID upon request

14. Display, turn on, or use of a cellular telephone or other telecommunication device(s) on school

property during the school day (TEC 37.082)

detention

Suspension (ISS)

15. Possession of a laser pointer

16. Possession of personal electronic items (camera, electric or video games, radios, tape recorders,

cassette players, CD players, IPods, MP3 players, Game Boy, Blackberry, headphones)

- 13 -

17. Failure to disclose possession of any over-the-counter medications or personal prescriptions to the

school nurse at the beginning of the school day

18. Posting or distributing unauthorized publications

19. Appropriate Use Policy violations

20. Disobeying rules of conduct while on a school bus

holding honorary offices, or membership in school-sponsored clubs and organizations

An appeal of a Class II decision must be made in writing to the campus principal or other appropriate

administrator within three school days.

The appeal of a Class II decision is exhausted at the campus principal level.

Consequences will not be deferred pending the outcome of a grievance.

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A student shall be subject to disciplinary measures if he or she commits any of the following acts while

within 300 feet of school property as measured from any point on the school’s real property line, or while

attending a school-sponsored or school-related activity on or off the property.

1. Repeated violation of Class II offenses

2. Disrupting the school environment or educational process

3. Interfering with school activities, including trespassing, boycotting, and group demonstrations

4. Failing to disclose information, hiding/covering up information/evidence for self or others, committing

perjury, or lying as a witness

5. Intentionally or knowingly making libelous or slanderous remarks (written or verbal) about students,

employees, or others

6. Committing or assisting in a theft (under $50.00 value)

7. Forging or altering school records, parent notes, forms, or other school/home communications

8. Gambling

9. Committing extortion, coercion, or blackmail (obtaining money or another object of value from an

unwilling person)

10. Insubordination; noncompliance with the directives of a member of the school staff

11. Violation of district or classroom safety guidelines, policies, or rules

12. Hazing (citation)

13. Engage in conduct that constitutes sexual harassment or sexual abuse, whether by word, gesture, or any

other conduct, directed toward another person, including a district student, employee, or volunteer

14. Hacking (illegal or unauthorized entry or attempted entry into computer files)

15. Profanity, lewd or vulgar language; vulgar body language and/or obscene gestures (citation)

16. Use of a laser pointer

18. Possession of a pocketknife, any other small knife, or any sharp object that could be used as a weapon

19. Possession, distribution, or use of a nonprescription drug

20. Using ethnic, racial, or gender-related slurs (verbal or written) or inappropriate acts toward a specific

racial/ethnic person/group

21. Possession, distribution, or use fireworks of any kind, poppers, smoke or stink bombs, or any other

pyrotechnic device

22. Engage in bullying, harassment, or making hit lists. (See glossary for all three terms)

23. Deface or damage school property—including textbooks, lockers, furniture, and other equipment—

with graffiti or by other means. (For felony criminal mischief, see Class IV and V) [Parent/guardian

and/or student may be responsible for financial restitution for any and all damage.]

24. Possession, distribution, or creation of pornographic or sexually-oriented material

25. Using lighters or matches [For arson or other related infractions, see Class IV and V]

26. Possession of a chain

- 15 -

27. Possession, use, or distribution paraphernalia related to any prohibited substance (See glossary for

“paraphernalia”)

28. Record the voice or image of another with or without the prior consent of the individuals being

recorded or in any way that disrupts the educational environment or invades the privacy of others.

29. Engage in conduct that constitutes dating violence, including the intentional use of physical,

sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control another person

with whom the student has or has had a dating relationship

holding honorary offices, or membership in school-sponsored clubs and organizations

measures imposed by the district

An appeal of a Class III decision must be made in writing to the campus principal or other appropriate

administrator within three school days. The appeal of a Class III placement of a student in In-School

Suspension is exhausted at the campus principal level. The appeal of a Class III placement of a student in

the Disciplinary Alternative Education Program, or DAEP, is exhausted at the campus principal level.

Consequences will not be deferred pending the outcome of a grievance.

- 16 -

provided by Section 37.008 if a student commits any of the following acts while within 300 feet of school

property as measured from any point on the school’s real property line, or while attending a schoolsponsored

or school-related activity on or off the property.

1. Repeated violation of Class III offenses

2. Engages in a fight (citation) [All fights will be investigated thoroughly by a campus administrator. If a

fight is determined to be consensual all participants will be assigned to DAEP and a disorderly conduct

citation will be issued. If a student is found to have acted in self-defense, a self defense provision will

be implemented]

3. Possession or sale of look-alike drugs or items attempted to be passed off as drugs or contraband

(citation)

4. Possession, distribution, or use of a look-alike weapon

5. Possession of a razor or box cutter

6. Abuse the student’s own prescription drug, give a prescription drug to another student, or possess or be

under the influence of another person’s prescription drug on school property or at a school-related

event. (See glossary for “abuse”)

7. Possession of any device, not included as a removable or expellable offense by statute, that is designed

to propel a projectile either by a spring-type mechanism, air, or gas; This includes, but is not limited to,

items such as BB-guns, pellet guns, paintball guns, slingshots, etc.

8. Involvement in criminal street gang activity (See glossary)

9. Involvement in a public school fraternity, sorority, or secret society, including participating as a

member or pledge, or soliciting another person to become a pledge or member of a public school

fraternity, sorority, secret society, or gang (See glossary)

10. Criminal mischief, not punishable as a felony (See Texas Penal Code 28.03)

11. Engages in conduct punishable as a felony, other than those listed as offenses involving injury to a

person in Title 5 (see glossary) of the Texas Penal Code, that occurs off school property and not at a

school-sponsored or school-related event, if the student’s presence in the regular classroom threatens

the safety of other students or teachers or will be detrimental to the educational process

12. Engages in conduct relating to a false alarm or report (including a bomb threat, call to 911, pulling a

fire alarm, or discharging a fire extinguisher) or a terroristic threat involving a public school. (See

glossary)

13. Engages in conduct punishable as a felony

14. Commits an assault under Texas Penal Code 22.01(a)(1) (See glossary)

15. Sells, gives, or delivers to another person, or possesses, uses, or is under the influence of marijuana, a

controlled substance, or a dangerous drug in an amount not constituting a felony offense (Schoolrelated

felony drug offenses are addressed in the Expulsion section.) (See glossary for “under the

influence”) [approved counseling requirement]

16. Possesses or sells seeds or pieces of marijuana in less than a usable amount

17. Sells, gives, or delivers to another person an alcoholic beverage; commits a serious act or offense while

under the influence of alcohol; or possesses, uses, or is under the influence of alcohol, if the conduct is

not punishable as a felony offense (School-related felony alcohol offenses are addressed in the

Expulsion section.) [approved counseling requirement]

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18. Behaves in a manner that contains the elements of an offense relating to abusable volatile chemicals

Sections 485.031 through 485.034, Penal Code

19. Behaves in a manner that contains the elements of the offense of public lewdness or indecent exposure

under Section 21.07, Penal Code, or indecent exposure under Section 21.08, Penal Code

20. Engages in expellable conduct and is between six and nine years of age

21. Commits a federal firearms violation and is younger than six years of age

22. Engages in conduct that contains the elements of the offense of retaliation against any school employee

or volunteer on or off school property. (Committing retaliation in combination with another expellable

offense is addressed in the Expulsion section of this Code.)

23. Commits aggravated robbery under section 29.03, Penal Code, against another student, 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.

24. Possession or distribution of counterfeit money

25. Possession of ammunition

26. Profanity, lewd or vulgar language; vulgar body language and/or obscene gestures towards any school

employee or volunteer (citation)

27. Engages in conduct punishable as a felony listed under Title 5 (see glossary) of the Texas Penal Code

when the conduct occurs off school property and not at a school-sponsored or school-related event and:

the conduct.

holding honorary offices, or membership in school-sponsored clubs and organizations

measures imposed by the district

All Non-Title V felonies will result in placement in DAEP until adjudicated. All Title V felonies will result

in DAEP until adjudicated and completion of probation. Return of the student must also be approved by the

campus principal.

For all students with disabilities, an ARD will be held regarding a potential change in placement.

Proper authorities may be notified and citations may be issued for all Class IV offenses.

- 18 -

The student or the student’s parent or guardian may appeal the decision to place a student in the DAEP to

the campus principal.

The request for appeal must be in writing and must be received by the Principal within 3 days of the date of

the DAEP order. The campus principal will schedule a conference with the student and the parent to be

held within 5 days, after which a written decision will be issued within three days.

If the parent is dissatisfied with the decision of the principal, the student or the student’s parent may appeal

the decision to the Superintendent of Schools for WISD.

The request for appeal must be in writing and must be received by the superintendent within 3 days of the

date of the campus principal’s decision. The superintendent or designee will schedule a conference with the

student and the parent to be held within 5 days, after which a written decision will be issued. Any decision

by the superintendent or designee is final and may not be appealed. Education Code 37.009(b); Board

Policy FOAB (LEGAL)

Consequences will not be deferred pending the outcome of a grievance.

- 19 -

Bringing to school a firearm, as defined by federal law. “Firearm” under federal law includes:

1. Any weapon (including a starter gun) that will, is designed to, or may readily be converted to

expel a projectile by the action of an explosive

2. The frame or receiver of any such weapon

3. Any firearm muffler or firearm weapon

4. Any destructive device, such as any explosive, incendiary or poison gas bomb, or grenade

Using, exhibiting, or possessing the following, as defined by the Texas Penal Code:

5. A firearm (any device designed, made, or adapted to expel a projectile through a barrel by using

the energy generated by an explosion or burning substance or any device readily convertible to

that use)

6. An illegal knife, such as a knife with a blade over 5½ inches; hand instrument, designed to cut or

stab another by being thrown; dagger, including but not limited to a dirk, stiletto, and poniard;

bowie knife; sword; or spear

7. A club (see glossary) such as an instrument specially designed, made, or adapted for the purpose

of inflicting serious bodily injury or death by striking a person with the instrument, including a

blackjack, nightstick, mace, and tomahawk

8. A prohibited weapon, such as an explosive weapon, a machine gun, a short-barrel firearm, a

firearm silencer, a switchblade knife, knuckles, armor-piercing ammunition, a chemical dispensing

device, or a zip gun (See glossary)

Behaving in a manner that contains elements of the following offenses under the Texas Penal Code:

9. Aggravated assault, sexual assault, or aggravated sexual assault

10. Arson (See glossary)

11. Murder, capital murder, or criminal attempt to commit murder or capital murder

12. Indecency with a child

13. Aggravated kidnapping

14. Aggravated robbery

15. Manslaughter

16. Criminally negligent homicide

17. Continuous sexual abuse of a young child or children

18. Behavior punishable as a felony that involves selling, giving, or delivering to another person, or

possessing, using, or being under the influence of marijuana, a controlled substance, a dangerous

drug, or alcohol; or committing a serious act or offense while under the influence of alcohol

[approved counseling requirement]

19. Engaging in retaliation against a school employee or volunteer combined with one of the listed

Class V mandatory expulsion offenses, with the exception of a federal firearm offense, on or off

school property or at a school-related activity

- 20 -

20. Conduct that contains the elements of assault under Penal Code 22.01(a)(1) in retaliation against a

school employee or volunteer

21. Criminal mischief, if punishable as a felony

22. Engaging in serious offenses or persistent misbehavior (see glossary) that violates the district’s

Code, while placed in a DAEP

23. Committing any offense that is a state-mandated expellable offense if the offense is committed on

the property of another district in Texas or while the student is attending a school-sponsored or

school-related activity of a school in another district in Texas

24. Conduct that contains the elements of assault under Penal Code 22.01(a)(1) in retaliation against a

school employee or volunteer

25. Engaging in conduct relating to a false alarm or report (including a bomb threat) or a terroristic

threat involving a public school.

Engaging in the following, no matter where it takes place:

against a school employee or volunteer.

Engaging in conduct that contains the elements of one of the following offenses against another

student, without regard to where the conduct occurs:

Engaging in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat

involving a public school.

holding honorary offices, or membership in school-sponsored clubs and organizations

Expulsion for Certain Serious Offenses section of this Code

measures imposed by the district

- 21 -

For all students with disabilities, an ARD will be held regarding a potential change in placement.

Proper authorities will be notified for all Class V offenses.

Depending on the offense, expulsion will range from one year from the date of the offense to a minimum of

two nine-week grading periods (90 school days).

A written hearing notice will be provided to the student and parent(s)/legal guardian by the campus

principal or other appropriate administrator. The hearing will be scheduled within 3 days of the date of the

expulsion order.

The campus administration will deliver a copy of the expulsion order to the student’s parent no later than

the second business day after the date the expulsion hearing is held.

If the parent is dissatisfied with the decision by the Hearing Committee, the student or the student’s parent

may appeal the decision to the superintendent. The request for appeal must be in writing and must be

received by the superintendent within 7 days of the date of the order of expulsion. The superintendent or

designee will schedule a conference with the student and parent to be held within 5 days, after which a

written decision will be issued.

If the parent is dissatisfied with the decision of the superintendent or designee, the student or the student’s

parent may appeal the decision to the Board of Trustees. The request for appeal must be in writing and

must be received by the superintendent within 7 days of the date the parent receives the designee’s written

decision. This hearing will be heard at the next regularly scheduled board meeting.

Consequences will not be deferred pending the outcome of a grievance.

- 22 -

In addition to other discipline management techniques, misconduct may result in removal from the regular

educational setting in the form of a routine referral or a formal removal.

A routine referral occurs when a teacher sends a student to the principal’s office as a discipline

management technique. The principal may then employ additional techniques.

1. The student’s behavior has been documented by the teacher as repeatedly interfering with the teacher’s

ability to teach his or her class or with the student’s classmates’ ability to learn; or

2. The behavior is so unruly, disruptive, or abusive that the teacher cannot teach, and the students in the

classroom cannot learn.

the Education Code requires or permits the student to be placed in a DAEP or expelled. When removing

for those reasons, the procedures in the subsequent sections on DAEP or expulsion will be followed.

Otherwise, within three school days of the formal removal, the appropriate administrator will schedule a

conference with the student’s parent; the student; the teacher, in the case of removal by a teacher; and any

other administrator.

At the conference, the appropriate administrator will inform the student of the misconduct for which he or

she is charged and the consequences. The administrator will give the student an opportunity to give his or

her version of the incident.

When a student is removed from the regular classroom by a teacher and a conference is pending, the

principal may place the student in:

When a student has been formally removed from class by a teacher for conduct against the teacher

containing the elements of assault, aggravated assault, sexual assault, aggravated sexual assault, murder,

capital murder, or criminal attempt to commit murder or capital murder, the student may not be returned to

the teacher’s class without the teacher’s consent.

When a student has been formally removed by a teacher for any other conduct, the student may be returned

to the teacher’s class without the teacher’s consent, if the placement review committee determines that the

teacher’s class is the best or only alternative available.

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Corporal punishment has been approved by the Waxahachie ISD Board of Trustees as an appropriate

disciplinary consequence for Code of Conduct violations. Corporal punishment is permitted in order to

preserve an effective educational environment, free from disruption. Corporal punishment shall be

reasonable and moderate and may not be administered maliciously or for the purpose of revenge. Such

factors as the size, age, physical, mental, and emotional condition of the student, the type of instrument to

be used, the amount of force to be used, and part of the body to be struck shall be considered before

administering any corporal punishment. Corporal punishment is limited to spanking or paddling the student

and will be administered only in accordance with the following corporate punishment guidelines:

1. The student will be told of the reason corporal punishment is being administered.

2. Corporal punishment may be administered by the school principal, assistant principal, or an

administrative designee.

3. The instrument to be used in administering corporal punishment shall be approved by the principal or

designee.

4. When corporal punishment is administered, it shall be done in the presence of one other district

professional employee and shall take place in a designated place out of view of other students.

5. All reasonable efforts will be made to contact the student’s parent or legal guardian either by phone,

mail, or by sending a note home with the student.

6. Parents may submit a written statement opposing corporal punishment. If they do, they must also

submit an alternative discipline plan or agree to school suspension for offenses that would normally

merit corporal punishment. This statement and plan would be submitted to the building principal at the

beginning of the current school year.

A disciplinary record shall be maintained and shall contain the name of the student, the type of misconduct,

any previous disciplinary actions, the type of corporal punishment administered, the name of the person

administering the punishment, the name of the witnesses present, and the date and time of punishment.

Disciplinary records shall be made available to parents or the students, whichever is appropriate. Coaches

and physical education teachers may use reasonable physical exercises as a disciplinary measure in their

classes and activities; however, no other employee may use exposure to the physical elements, e.g.,

standing outside in heat or cold, or physical exertion, e.g., running, sit-ups, etc., as a disciplinary measure.

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 or on Saturdays. Before a

detention is issued, notice should be given to a student’s parents to allow arrangements for transportation.

Board Policy FO(LOCAL)

Students may be suspended for any behavior listed in the Code as a general conduct violation, DAEP

offense, or expellable offense.

In deciding whether to order suspension, the district will take into consideration:

1. Self-defense (see glossary),

2. Intent or lack of intent at the time the student engaged in the conduct, and

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3. The student’s disciplinary history.

State law allows a student to be suspended for no more than three school days per behavior violation, with

no limit on the number of times a student may be suspended in a semester or school year.

Before being suspended a student will have an informal conference with the appropriate administrator, who

shall advise the student of the conduct of which he or she is accused. The student will be given the

opportunity to explain his or her version of the incident before the administrator’s decision is made.

The number of days of a student’s suspension will be determined by the appropriate administrator, but will

not exceed three school days.

The appropriate administrator will determine any restrictions on participation in school-sponsored or

school-related extracurricular and cocurricular activities.

A student who is expelled for an offense that otherwise would have resulted in a DAEP placement does not

have to be placed in DAEP in addition to the expulsion.

In deciding whether to order placement in a DAEP, the district will take into consideration:

1. Self-defense (see glossary),

2. Intent or lack of intent at the time the student engaged in the conduct, and

3. The student’s disciplinary history.

The campus principal or other appropriate administrator may place a student in a DAEP if the student

violates the Code of Conduct by engaging in any prohibited conduct which is classified as a Class III

offense and will place a student in a DAEP if the student violates the Code of Conduct by engaging in any

prohibited conduct which is classified as a Class IV offense.

For the 2007-08 school year, the DAEP, or Challenge Academy, is located at 3295 Highway 77 North

(SkillsNet office complex). The District operates Challenge Academy for students who have committed

certain serious offenses. The Challenge Academy:

FOAB(LEGAL)

The Challenge Academy operates between the hours of 8:00 AM and 3:00 PM. District transportation is

provided, and parents are responsible for making sure students attend while assigned. Failure to attend the

DAEP is a violation of compulsory attendance laws, and students and parents may be prosecuted for failure

- 25 -

to attend while assigned. Parents are required to attend an orientation session with the building

administrator at which time specific DAEP rules and guidelines will be provided.

member or pledge, or soliciting another person to become a pledge or member of a public school

fraternity, sorority, secret society, or gang. (See glossary)

superintendent’s designee has reasonable belief (see glossary) that the student has engaged in conduct

punishable as a felony, other than those listed as offenses involving injury to a person in Title 5 (see

glossary) of the Texas Penal Code, that occurs off school property and not at a school-sponsored or schoolrelated

event, if the student’s presence in the regular classroom threatens the safety of other students or

teachers or will be detrimental to the educational process.

conduct for which DAEP placement is required by state law if the administrator does not have knowledge

of the conduct before the first anniversary of the date the conduct occurred.

involving a public school. (See glossary)

from any point on the school’s real property boundary line, or while attending a school-sponsored or

school-related activity on or off school property:

marijuana, a controlled substance, or a dangerous drug in an amount not constituting a felony

offense. (School-related felony drug offenses are addressed in the Expulsion section.) (See

glossary for “under the influence”)

while under the influence of alcohol; or possesses, uses, or is under the influence of alcohol, if the

conduct is not punishable as a felony offense. (School-related felony alcohol offenses are

addressed in the Expulsion section.)

chemicals.

exposure.

or volunteer on or off school property. (Committing retaliation in combination with another expellable

offense is addressed in the Expulsion section of this Code.)

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when the conduct occurs off school property and not at a school-sponsored or school-related event and:

1. The student receives deferred prosecution (see glossary),

2. A court or jury finds that the student has engaged in delinquent conduct (see glossary), or

3. The superintendent or designee has a reasonable belief (see glossary) that the student engaged in

the conduct.

If a student has been convicted of continuous sexual abuse of a young child or children or convicted of or

placed on deferred adjudication for sexual assault or aggravated sexual assault against another student on

the same campus, and if the victim's parent or another person with the authority to act on behalf of the

victim requests that the board transfer the offending student to another campus, the offending student shall

be transferred to another campus in the district. If there is no other campus in the district serving the grade

level of the offending student, the offending student will be transferred to a DAEP.

In an emergency, the principal or the principal’s designee may order the immediate placement of a student

in a DAEP for any reason for which placement in a DAEP may be made on a nonemergency basis.

Removals to a DAEP will be made by the campus principal or other appropriate administrator.

When a student is removed from class for a DAEP offense, the campus principal or appropriate

administrator will schedule a conference within three school days with the student’s parent, the student, and

the teacher, in the case of a teacher removal.

At the conference, the appropriate administrator will inform the student, orally or in writing, of the reasons

for the removal and will give the student an explanation of the basis for the removal and an opportunity to

respond to the reasons for the removal.

Following valid attempts to require attendance, the district may hold the conference and make a placement

decision regardless of whether the student or the student’s parents attend the conference.

After the conference, if the student is placed in the DAEP, the appropriate administrator will write a

placement order. A copy of the DAEP placement order will be sent to the student and the student’s parent.

Not later than the second business day after the conference, the board’s designee will deliver to the juvenile

court a copy of the placement order and all information required by Section 52.04 of the Family Code.

If the student is placed in the DAEP and the length of placement is inconsistent with the guidelines

included in this Code, the placement order will give notice of the inconsistency.

The duration of a student’s placement in a DAEP will be determined by the campus principal or other

appropriate administrator.

The duration of a student’s placement will be determined on a case-by-case basis. DAEP placement will be

correlated to the seriousness of the offense, the student’s age and grade level, the frequency of misconduct,

the student’s attitude, and statutory requirements.

For Class III Offenses, the campus principal or other appropriate administrator may assign 10-20 successful

days. For Class IV Offenses, the campus principal or other appropriate administrator may assign 21-45

- 27 -

successful days. The maximum period of DAEP placement shall be one calendar year except as provided

below.

Placement in a DAEP may exceed one year when a review by the district determines that:

1. The student is a threat to the safety of other students or to district employees, or

2. Extended placement is in the best interest of the student.

The statutory limitations on the length of a DAEP placement do not apply to a placement resulting

from the board’s decision to place a student who engaged in the sexual assault of another student so

that the students are not assigned to the same campus.

Students who commit offenses requiring placement in a DAEP at the end of one school year may be

required to continue that placement at the start of the next school year to complete the assigned term of

placement.

For placement in a DAEP to extend beyond the end of the school year, the campus principal or other

appropriate administrator must determine that:

1. The student’s presence in the regular classroom or campus presents a danger of physical harm to

the student or others, or

2. The student has engaged in serious or persistent misbehavior (see glossary) that violates the

district’s Code.

For placement in a DAEP to extend beyond 60 days or the end of the next grading period, whichever is

sooner, a student’s parent will be given notice and the opportunity to participate in a proceeding before

the board or the board’s designee.

State law prohibits a student placed in a DAEP for reasons specified in state law from attending or

participating in school-sponsored or school-related extracurricular activities.

When a student is placed in DAEP during the 12th grade, the District will allow the student to participate in

graduation ceremonies, provided that all state and district prerequisites for graduation are met and provided

that the student has successfully completed all (assigned) days that the student was placed in the DAEP. If

the student in question has unexcused absences or has not completed his or her days in the DAEP for any

other reason, such as withdrawal or transfer to another school district, the student will not be allowed to

participate in graduation ceremonies. Any decision concerning participation in graduation ceremonies will

be made by the campus principal.

A student placed in a DAEP will be provided a review of his or her status, including academic status, by

the appropriate administrator at intervals not to exceed 120 days. In the case of a high school student, the

student’s progress toward graduation and the student’s graduation plan will also be reviewed. At the

review, the student or the student’s parent will be given the opportunity to present arguments for the

student’s return to the regular classroom or campus. The student may not be returned to the classroom of a

teacher who removed the student without that teacher’s consent.

If during the term of placement in a DAEP the student engages in additional conduct for which placement

in a DAEP or expulsion is required or permitted, additional proceedings may be conducted, and the

appropriate administrator may enter an additional disciplinary order as a result of those proceedings.

- 28 -

The office of the prosecuting attorney will notify the district if a student was placed in a DAEP for certain

offenses including any felony, unlawful restraint, indecent exposure, assault, deadly conduct, terroristic

threats, organized crime, certain drug offenses, or possession of a weapon, and:

1. Prosecution of a student’s case was refused for lack of prosecutorial merit or insufficient evidence and

no formal proceedings, deferred adjudication (see glossary), or deferred prosecution will be initiated;

or

2. The court or jury found a student not guilty, or made a finding that the student did not engage in

delinquent conduct or conduct indicating a need for supervision, and the case was dismissed with

prejudice.

If a student was placed in a DAEP for such conduct, on receiving the notice from the prosecutor, the

superintendent or designee will review the student’s placement and schedule a review with the student’s

parent not later than the third day after the superintendent or designee receives notice from the prosecutor.

The student may not be returned to the regular classroom pending the review.

After reviewing the notice and receiving information from the student’s parent, the superintendent or

designee may continue the student’s placement if there is reason to believe that the presence of the student

in the regular classroom threatens the safety of other students or teachers.

The student or the student’s parent may appeal the superintendent’s decision to the board. The student may

not be returned to the regular classroom pending the appeal. In the case of an appeal, the board will, at the

next scheduled meeting, review the notice from the prosecutor and receive information from the student,

the student’s parent, and the superintendent or designee, and confirm or reverse the decision of the

superintendent or designee. The board will make a record of the proceedings.

If the board confirms the decision of the superintendent or designee, the student and the student’s parent

may appeal to the Commissioner of Education. The student may not be returned to the regular classroom

pending the appeal.

When a student violates the district’s Code in a way that requires or permits the student to be placed in a

DAEP and the student withdraws from the district before a placement order is completed, the district may

complete the proceedings and issue a placement order. If the student then reenrolls in the district during the

same or a subsequent school year, the district may enforce the order at that time, less any period of the

placement that has been served by the student during enrollment in another district. If the appropriate

administrator or the board fails to issue a placement order after the student withdraws, the next district in

which the student enrolls may complete the proceedings and issue a placement order.

The district will continue the DAEP placement of a student who enrolls in the district and was assigned to

DAEP in an open-enrollment charter school or another district.

A newly enrolled student with a DAEP placement from a district in another state will be placed as any

other newly enrolled student if the behavior committed is a reason for DAEP placement in the receiving

district.

If the student was placed in a DAEP by a school district in another state for a period that exceeds one year,

this district, by state law, will reduce the period of the placement so that the total placement does not

exceed one year. After a review, however, the placement may be extended beyond a year if the district

determines that the student is a threat to the safety of other students or employees or the extended

placement is in the best interest of the student.

- 29 -

When an emergency placement occurs, the student will be given oral notice of the reason for the action.

Not later than the tenth day after the date of the placement, the student will be given the appropriate

conference required for assignment to a DAEP.

This section includes two categories of serious offenses for which the Education Code provides unique

procedures and specific consequences.

Upon receiving notification in accordance with state law that a student is currently required to register as a

sex offender, the administration must remove the student from the regular classroom and determine

appropriate placement.

If the student is under any form of court supervision, including probation, community supervision, or

parole, the placement will be in either DAEP for at least one semester.

If the student is not under any form of court supervision, the placement may be in DAEP for one semester

or the placement may be in a regular classroom. The placement may not be in the regular classroom if the

board or its designee determines that the student’s presence:

1. Threatens the safety of other students or teachers,

2. Will be detrimental to the educational process, or

3. Is not in the best interests of the district’s students.

At the end of the first semester of a student’s placement in an alternative educational setting and before

the beginning of each school year for which the student remains in an alternative placement, the

district shall convene a committee, in accordance with state law, to review the student’s placement.

The committee will recommend whether the student should return to the regular classroom or remain

in the placement. Absent a special finding, the board or its designee must follow the committee’s

recommendation.

The placement review of a student with a disability who receives special education services must be

made by the ARD committee.

If a student enrolls in the district during a mandatory placement as a registered sex offender, the district

may count any time already spent by the student in a placement or may require an additional semester

in an alternative placement without conducting a review of the placement.

A student or the student’s parent may appeal the placement by requesting a conference between the

board or its designee, the student, and the student’s parent. The conference is limited to the factual

question of whether the student is required to register as a sex offender. Any decision of the board or

its designee under this section is final and may not be appealed.

Regardless of whether placement or expulsion is required or permitted by one of the reasons in the DAEP

and placed in DAEP (if court ordered) if the board or its designee makes certain findings and the following

- 30 -

circumstances exist in relation to a felony offense under Title 5 (see glossary) of the Texas Penal Code.

The student must:

Title 5 felony offense;

as a Title 5 felony offense; or

of a Title 5 felony offense.

The district may expel the student and order placement under these circumstances regardless of:

1. The date on which the student’s conduct occurred,

2. The location at which the conduct occurred,

3. Whether the conduct occurred while the student was enrolled in the district, or

4. Whether the student has successfully completed any court disposition requirements imposed in

connection with the conduct.

The student must first have a hearing before the board or its designee, who must determine that in

addition to the circumstances above that allow for the expulsion, the student’s presence in the regular

classroom:

1. Threatens the safety of other students or teachers,

2. Will be detrimental to the educational process, or

3. Is not in the best interest of the district’s students.

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

The student is subject to the 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 the placement or is assigned to another program.

A student who enrolls in the district before completing a placement under this section from another

school district must complete the term of the placement.

Questions or complaints from parents regarding disciplinary measures should be addressed to the campus

administration, in accordance with policy FNG(LOCAL). A copy of this policy may be obtained from the

principal’s office or the central administration office or through Policy On-line at the following Internet

address:

http://www.wisd.org (under the “Board of Trustees” menu)

Disciplinary consequences will not be deferred pending the outcome of an appeal. The decision to place a

student in a DAEP cannot be appealed beyond the superintendent or superintendent’s designee.

In deciding whether to order expulsion, the district will take into consideration:

1. Self-defense (see glossary),

2. Intent or lack of intent at the time the student engaged in the conduct, and

3. The student’s disciplinary history.

Engaging in the following, no matter where it takes place:

school employee or volunteer.

Engaging in conduct that contains the elements of one of the following offenses against another

student, without regard to where the conduct occurs:

Engaging in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat

involving a public school.

Committing any of the following offenses 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 schoolrelated

activity on or off school property:

of marijuana, a controlled substance, or a dangerous drug, if the conduct is not punishable as a

felony.

of alcohol; or committing a serious act or offense while under the influence of alcohol, if the

conduct is not punishable as a felony.

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