General Conduct Violations

The categories of conduct below are prohibited at school and all school-related activities, but the list does not include the most serious offenses. In the subsequent sections on Suspension, AEP Placement, and Expulsion, severe offenses that require or permit specific consequences are listed. Any offense, however, may be serious enough to result in Removal from the Regular Educational Setting as detailed in that section.

The district prohibits the following:

Disregard for Authority

· Failing to comply with directives given by school personnel (insubordination).

· Leaving school grounds or school-sponsored events without permission.

· Disobeying rules for conduct on school buses.

· Refusing to accept discipline management techniques assigned by a teacher or principal.

Mistreatment of Others

· Using profanity or vulgar language or making obscene gestures.

· Fighting or scuffling. (For assault, see AEP Placement and Expulsion)

· Threatening another student or district employee on or off school property.

· Engaging in bullying, harassment, and making hit lists. (See glossary for all three terms)

· Engaging in conduct that constitutes sexual harassment or sexual abuse, whether by word, gesture, or any other conduct, including requests for sexual favors directed toward another student or a district employee.

· Engaging in inappropriate or indecent exposure of private body parts.

· Hazing. (See glossary)

· Causing an individual to act through the use of or threat of force (coercion).

· Committing extortion or blackmail (obtaining money or an object of value from an unwilling person).

· Engaging in inappropriate verbal, physical, or sexual conduct directed toward another student or a district employee.

Property Offenses

· Damaging or vandalizing property owned by others. (For felony criminal mischief see AEP Placement or Expulsion)

· Defacing or damaging school property—including textbooks, lockers, furniture, and other equipment—with graffiti or by other means.

· Stealing from students, staff, or the school.

· Committing or assisting in a robbery or theft even if it does not constitute a felony according to the Texas Penal Code. (For felony robbery and theft see AEP Placement and Expulsion)

Possession of Prohibited Items

· Possessing or using:

· fireworks of any kind, smoke or stink bombs, or any other pyrotechnic device;

· a razor, box cutter, chain, or any other object used in a way that threatens or inflicts bodily injury to another person;

· a “look-alike” weapon;

· an air gun or BB gun;

· ammunition;

· a stun gun;

· any knife;

· mace or pepper spray;

· pornographic material;

· tobacco products;

· matches or a lighter;

· a laser pointer for other than an approved use; or

· any articles not generally considered to be weapons, including school supplies, when the principal or designee determines that a danger exists. (For weapons and firearms see AEP Placement and Expulsion)

Possession of Telecommunications Devices

Displaying, turning on, or using a cellular telephone of other telecommunications device on school property during the school day or on a regular school bus route home.

Illegal and Prescription Drugs

· Possessing or selling seeds or pieces of marijuana in less than a usable amount. (For illegal drugs, alcohol, and inhalants see AEP Placement and Expulsion)

· Possessing, using, giving, or selling paraphernalia related to any prohibited substance. (See glossary for “paraphernalia”)

· Possessing or selling look-alike drugs or items attempted to be passed off as drugs or contraband.

· Abusing the student’s own prescription drug, giving a prescription drug to another student, or possessing or being under the influence of another person’s prescription drug on school property or at a school-related event.

· Having or taking prescription drugs or over-the-counter drugs at school other than as provided by district policy.

Misuse of Computers and the Internet

· Violating computer use policies, rules, or agreements signed by the student and/or agreements signed by the student’s parent.

· Using the Internet or other electronic communications to threaten students or employees or cause disruption to the educational program.

· Sending or posting electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal.

· Using e-mail or Web sites at school to encourage illegal behavior or threaten school safety.

Safety Transgressions

· Possessing published or electronic material that is designed to promote or encourage illegal behavior or that could threaten school safety.

· Engaging in verbal (oral or written) exchanges that threaten the safety of another student, a school employee, or school property.

· Making false accusations or perpetrating hoaxes regarding school safety.

· Engaging in any conduct that school officials might reasonably believe will substantially disrupt the school program or incite violence.

· Throwing objects that can cause bodily injury or property damage.

· Discharging a fire extinguisher without valid cause.

Miscellaneous Offenses

· Violating dress and grooming standards as communicated in the student handbook.

· Cheating or copying the work of another.

· Gambling.

· Falsifying records, passes, or other school-related documents.

· Engaging in actions or demonstrations that substantially disrupt or materially interfere with school activities.

· Repeatedly violating other communicated campus or classroom standards of conduct.

The district may impose campus or classroom rules in addition to those found in the Code. These rules may be posted in classrooms or given to the student and may or may not constitute violations of the Code.

Discipline Management Techniques

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.

Students with Disabilities

The discipline of students with disabilities is subject to applicable state and federal law in addition to the Student Code of Conduct. To the extent any conflict exists, 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, AEP 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.

Techniques

The following discipline management techniques may be used—alone or in combination—for behavior prohibited by the Student Code of Conduct or by campus or classroom rules:

· Verbal (oral or written) correction.

· Cooling-off time or “time-out.”

· Seating changes within the classroom.

· Temporary confiscation of items that disrupt the educational process.

· Rewards or demerits.

· Behavioral contracts.

· Counseling by teachers, counselors, or administrative personnel.

· Parent-teacher conferences.

· Detention.

· Sending the student to the office or other assigned area, or to in-school suspension.

· Assignment of school duties such as cleaning or picking up litter.

· Withdrawal of privileges, such as participation in extracurricular activities, eligibility for seeking and holding honorary offices, or membership in school-sponsored clubs and organizations.

· Penalties identified in individual student organizations’ extracurricular standards of behavior.

· Withdrawal or restriction of bus privileges.

· School-assessed and school-administered probation.

· Corporal punishment.

· Out of school suspension as specified in the Suspension section of this Code.

· Placement in AEP, as specified in the AEP section of this Code.

· Expulsion, as specified in the Expulsion section of this Code.

· Referral to an outside agency or legal authority for criminal prosecution in addition to disciplinary measures imposed by the district.

· Other strategies and consequences as determined by school officials.

Notification

The 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 AEP, or expulsion. Notification will be made within three school days after the administrator becomes aware of the violation.

Appeals

Parental questions or complaints regarding disciplinary measures should be addressed to the teacher or campus administration, as appropriate, and in accordance with policy FNG(LOCAL). A copy of the policy may be obtained from the principal’s office or the central administration office or through Policy On Line at the following address: www.westrusk.esc7.net.

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

Alternative Education Program (AEP) Placement

Discretionary Placement: Misconduct That May Result in AEP Placement

A student who is expelled for an offense that otherwise would have resulted in AEP placement does not have to be placed in AEP in addition to the expulsion.

In deciding whether to order placement in AEP, 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.

General Misconduct

A student may be placed in AEP for behaviors prohibited in the General Conduct Violations section of this Code.

Misconduct Identified in State Law

In accordance with state law, a student may be placed in AEP for any one of the following offenses:

· Involvement in gang activity, including participating as a member or pledge, or soliciting another person to become a pledge or member of a gang.

· 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, or secret society.

· Criminal mischief, not punishable as a felony.

· Any criminal mischief, including a felony.

In accordance with state law, a student may be placed in AEP if the superintendent or the 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 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.

The administrator may, but is not required to, place a student in AEP for off-campus conduct for which AEP 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.

Certain Felonies

Unless removal is otherwise required by one of the reasons below, in accordance with Education Code 37.0081, a student may be placed in AEP after an opportunity for a hearing before the board of trustees or its designee, if:

· The student receives deferred prosecution for conduct defined as a felony offense in Title 5 (see glossary) of the Texas Penal Code, or

· The student has been found by a court to have engaged in delinquent conduct for conduct defined as a felony offense in Title 5 of the Texas Penal Code.

The board or the board’s designee must determine 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 best interest of the district’s students.

A student’s placement in the AEP as a result of receiving deferred prosecution or delinquent conduct, as described above, may occur 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.

Mandatory Placement: Misconduct That Requires AEP Placement

A student must be placed in AEP if the student:

· Engages in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat involving a public school. (See glossary)

· Commits the following offenses on school property or within 300 feet of school property as measured from any point on the school’s real property boundary line, or while attending a school-sponsored or school-related activity on or off school property:

· Engages in conduct punishable as a felony.

· Commits an assault (see glossary) under Penal Code 22.01(a)(1).

· 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. (School-related felony drug offenses are addressed in the Expulsion section.) (See glossary for “under the influence”)

· 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.)

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

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

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

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

· 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.)

· 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:

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.

Sexual Assault and Campus Assignments

If a student has been 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 or the victim's parents request 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 AEP.

Emergencies

In an emergency, the principal or the principal’s designee may order the immediate placement of a student in AEP for any reason for which placement in AEP may be made on a non-emergency basis.

Process

Removals to AEP will be made by the campus principal.

Conference

When a student is removed from class for an AEP offense, the 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.

Placement Order

After the conference, if the student is placed in the AEP, the appropriate administrator will write a placement order. A copy of the AEP placement order will be sent to the student and the student’s parent.

Length of Placement

The duration of a student’s placement in AEP will be determined by the campus principal.

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

The maximum period of AEP placement shall be one calendar year except as provided below.

Exceeds One Year

Placement in AEP 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 AEP 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 in AEP so that the students are not assigned to the same campus.

Exceeds School Year

Students who commit offenses requiring placement in AEP 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 AEP to extend beyond the end of the school year, the principal as well as the superintendent 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.

Exceeds 60 Days

For placement in AEP 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.

Appeals

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 address: www. westrusk.esc7.net

Disciplinary consequences will not be deferred pending the outcome of an appeal. The decision to place a student in AEP cannot be appealed beyond the board.

Restrictions during Placement

The district does not permit a student who is placed in AEP to participate or attend any school-sponsored or school-related extracurricular or co-curricular activity including seeking or holding honorary positions and/or membership in school-sponsored clubs and organizations.

The district will not provide transportation to students in AEP and bus privileges are revoked for a duration.

For seniors assigned to AEP who are eligible to graduate, when the placement in the program continues through graduation, the student will be allowed to participate in the graduation ceremony and related graduation activities.

Placement Review

A student placed in AEP will be provided a review of his or her status, including academic status, by the campus principal or principal’s designee at intervals not to exceed 120 days. In the case of a high school student, the student’s progress toward graduation and the student’s graduation plan will also be reviewed.

Additional Misconduct

If during the term of placement in AEP the student engages in additional conduct for which placement in AEP 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.

Notice of Criminal 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.

Withdrawal during Process

When a student violates the district’s Code in a way that requires or permits the student to be placed in AEP and the student withdraws from the district before placement 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.

Emergency Placement

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 AEP.

Expulsion

Discretionary Expulsion: Misconduct That May Result in Expulsion

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.

A student may be expelled for:

Any Location

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

· Conduct that contains the elements of assault under Penal Code 22.01(a)(1) in retaliation against a school employee or volunteer.

· Criminal mischief, if punishable as a felony.

· Engaging in conduct that contains the elements of one of the following offenses against another student, without regard to where the conduct occurs:

· Aggravated assault.

· Sexual assault.

· Aggravated sexual assault.

· Murder.

· Capital murder.

· Criminal attempt to commit murder or capital murder.

· Aggravated robbery.

· Engaging in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat involving a public school.

At School, Within 300 Feet, or at School Event

· 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 school-related activity on or off school property:

· Selling, giving, or delivering to another person, or possessing, using, or being under the influence of marijuana, a controlled substance, or a dangerous drug, if the conduct is not punishable as a felony.

· Selling, giving, or delivering to another person, or possessing, using, or being under the influence of alcohol; or committing a serious act or offense while under the influence of alcohol, if the conduct is not punishable as a felony.

· Engaging in conduct that contains the elements of an offense relating to abusing volatile chemicals.

· Engaging in conduct that contains the elements of assault under Section 22.01(a)(1) against an employee or a volunteer.

· Engaging in deadly conduct. (See glossary)

Within 300 Feet of School

· Engaging in the following conduct while within 300 feet of school property, as measured from any point on the school’s real property boundary line:

· Aggravated assault, sexual assault, or aggravated sexual assault.

· Arson.

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

· Indecency with a child, aggravated kidnapping, manslaughter, criminally negligent homicide, or aggravated robbery.

· Felony drug- or alcohol-related offense.

· Use, exhibition, or possession of a firearm (as defined by state law), an illegal knife, a club, or prohibited weapon, or possession of a firearm (as defined by federal law).

Property of Another District

· 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.

While in AEP

· Engaging in serious offenses or persistent misbehavior (see glossary) that violates the district’s Code, while placed in AEP.

Mandatory Expulsion: Misconduct That Requires Expulsion

A student must be expelled for any of the following offenses that occur on school property or while attending a school-sponsored or school-related activity on or off school property:

Federal Law

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

· 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.

· The frame or receiver of any such weapon.

· Any firearm muffler or firearm weapon.

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

Texas Penal Code

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

· 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).

· Any knife.

· 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.

· 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:

· Aggravated assault, sexual assault, or aggravated sexual assault.

· Arson. (See glossary)

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

· Indecency with a child.

· Aggravated kidnapping.

· Aggravated robbery.

· Manslaughter.

· Criminally negligent homicide.

· 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.

· Retaliation against a school employee combined with one of the above-listed offenses on or off school property or at a school-related activity.

Under Age Ten

When a student under the age of ten engages in behavior that is expellable behavior, the student will not be expelled, but will be placed in AEP. A student under age six will not be removed from class or placed in AEP unless the student commits a federal firearm offense.

Emergency

In an emergency, the principal or the principal’s designee may order the immediate expulsion of a student for any reason for which expulsion may be made on a non-emergency basis.

Process

If a student is believed to have committed an expellable offense, the principal or other appropriate administrator will schedule a hearing within a reasonable time. The student’s parent will be invited in writing to attend the hearing.

Until a hearing can be held, the principal may place the student in:

· Another appropriate classroom

· In-school suspension

· Out-of-school suspension

· AEP

Hearing

A student facing expulsion will be given a hearing with appropriate due process. The student is entitled to:

1. Representation by the student’s parent or another adult who can provide guidance to the student and who is not an employee of the district,

2. An opportunity to testify and to present evidence and witnesses in the student’s defense, and

3. An opportunity to question the district’s witnesses.

After providing notice to the student and parent of the hearing, the district may hold the hearing regardless of whether the student or the student’s parent attends.

The board of trustees delegates to the campus principal authority to conduct hearings and expel students.

Board Review of Expulsion

After the due process hearing, the expelled student may request that the board review the expulsion decisions. The student or parent must submit a written request to the superintendent within seven days after receipt of the written decision. The superintendent must provide the student or parent written notice of the date, time, and place of the meeting at which the board will review the decision.

The board will review the record of the expulsion hearing in a closed meeting unless the parent requests in writing that the matter be held in an open meeting. The board may also hear a statement from the student or parent and from the board’s designee.

The board will hear statements made by the parties at the review and will base its decision on evidence reflected in the record and any statements made by the parties at the review. The board will make and communicate its decision orally at the conclusion of the presentation. Consequences will not be deferred pending the outcome of the hearing.

Expulsion Order

After the due process hearing, if the student is expelled, the board or its designee will deliver to the student and the student’s parent a copy of the order expelling the student.

Not later than the second business day after the hearing, the will deliver to the juvenile court a copy of the expulsion order and the information required by Section 52.04 of the Family Code.

If the length of the expulsion is inconsistent with the guidelines included in the Student Code of Conduct, the expulsion order will give notice of the inconsistency.

Length of Expulsion

The length of an expulsion will be correlated to the seriousness of the offense, the student’s age and grade level, the frequency of misbehavior, the student’s attitude, and statutory requirements.

The duration of a student’s expulsion will be determined on a case-by-case basis. The maximum period of expulsion is one calendar year except as provided below.

An expulsion may not exceed one year unless, after review, the district determines that:

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

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

State and federal law require a student to be expelled from the regular classroom for a period of at least one calendar year for bringing a firearm, as defined by federal law, to school. However, the superintendent or other appropriate administrator may modify the length of the expulsion on a case-by-case basis.

Students who commit offenses that require expulsion at the end of one school year may be expelled into the next school year to complete the term of expulsion.

Withdrawal during Process

When a student has violated the district’s Code in a way that requires or permits expulsion from the district and the student withdraws from the district before the expulsion hearing takes place, the district may conduct the hearing after sending written notice to the parent and student.

If the student then reenrolls in the district during the same or subsequent school year, the district may enforce the expulsion order at that time, less any expulsion period that has been served by the student during enrollment in another district.

If the appropriate administrator or the board fails to issue an expulsion order after the student withdraws, the next district in which the student enrolls may complete the proceedings.

Additional Misconduct

If during the expulsion, the student engages in additional conduct for which placement in AEP or expulsion is required or permitted, additional proceedings may be conducted, and the appropriate administrator or the board may issue an additional disciplinary order as a result of those proceedings.

Restrictions during Expulsion

Expelled students are prohibited from being on school grounds or attending school-sponsored or school-related activities during the period of expulsion.

No district academic credit will be earned for work missed during the period of expulsion unless the student is enrolled in a Juvenile Justice Alternative Education Program or another district-approved program.

Newly Enrolled Students

The district will continue the expulsion of any newly enrolled student expelled from another district or an open-enrollment charter school until the period of the expulsion is completed.

If a student expelled in another state enrolls in the district, the district may continue the expulsion under the terms of the expulsion order, may place the student in AEP for the period specified in the order, or may allow the student to attend regular classes if:

1. The out-of-state district provides the district with a copy of the expulsion order, and

2. The offense resulting in the expulsion is also an expellable offense in the district in which the student is enrolling.

If a student is expelled by a district in another state for a period that exceeds one year and the district continues the expulsion or places the student in AEP, the district will reduce the period of the expulsion or AEP placement so that the entire period does not exceed one year, unless after a review it is determined that:

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

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

Emergency Expulsion

When an emergency expulsion occurs, the student will be given verbal notice of the reason for the action. Within ten days after the date of the emergency expulsion, the student will be given appropriate due process required for a student facing expulsion.

AEP Placement of Expelled Students

The district may provide educational services to any expelled student in AEP; however, educational services in the AEP must be provided if the student is less than ten years of age.

Extracurricular Activities

Sponsors and coaches of extracurricular activities, including interscholastic athletics and marching band, may develop and enforce codes of conduct that are more stringent than this policy and may condition membership of participation in the activity on adherence to that code of conduct. Extracurricular codes of conduct may take into consideration conduct that occurs outside of the schools’ usual jurisdiction. No provision of an extracurricular code of conduct shall have the effect of discriminating on the basis of sex, race, disability, religion, or ethnicity.

Such codes shall be approved by the principal and the superintendent before they are communicated to the students. Students shall be informed of any extracurricular code of conduct at the beginning of each school year or, in the case of interscholastic athletics and marching band, at the time the students report for workouts or practice that occur prior to the actual beginning of classes. Students and their parents shall sign and return to the sponsor or coach a statement that they have read the extracurricular code of conduct and consent to it as a condition of participation in the activity.

Extracurricular activity codes of conduct may include disciplinary measures related to participation in the activity, including removal or suspension from participation. If the conduct for which a student is removed or suspended from the activity is also conduct that violates the general code of student conduct and the conduct occurs while the student is not under the school’s jurisdiction, the student shall also be subject to appropriate disciplinary action.

The presence of an extracurricular activity code of conduct shall not limit or restrict the availability of removal of school honors or removal from participation in extracurricular activities as a discipline management technique for conduct that violates the general code of student conduct.

Extracurricular Student Code of Conduct

Student participation in extracurricular activities is encouraged as a privilege. West Rusk CCISD makes extracurricular activities available as an extension of the regular school program, with one important difference; participation in the regular curriculum is a right afforded to each student, while participation in the extracurricular program is a privilege that carries additional expectations for acceptable conduct. Students engaging in extracurricular activities represent themselves, but also other students and the school district when performing, competing, or participating in extracurricular activities and while wearing uniforms or other clothing that identifies the students to the community or public in any setting as a West Rusk CCISD student. For this reason, their behavior must be exemplary and reflect the finest attributes of the total West Rusk CCISD student body at all times and places.

An important goal of the extracurricular program is to give students direction in developing self-discipline, responsibility, pride, loyalty, leadership, teamwork, respect for authority, and healthy living habits.

Because participation in extracurricular activities is a privilege and not a right, West Rusk CCISD is authorized to set higher standards for participants of extracurricular activities than it would for those students who choose not to participate in extracurricular activities. Therefore, the Extracurricular Code of Conduct extends beyond the West Rusk CCISD Student Code of Conduct not only in types of behavior prohibited, but also in corresponding consequences and jurisdiction for imposing discipline.

A student is not required to take part in extracurricular activities, nor are they required for graduation. Therefore, extracurricular activities are a privilege, and it is recognized that some of the expectations for participants in extracurricular activities will exceed the expectations for the general student body.

WESTRUSK CCISD

STUDENT CODE OF CONDUCT

School District Authority and Jurisdiction

Property of Another District

Texas Penal Code