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Changes to student code of conduct in 2007-08 school year highlighted
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The Aransas County Independent School District uses the Model Student Code of Conduct since it addresses all of the legal requirements for district.
Changes from the 80th legislative session go into effect with the start of the 2007-08 school year. A brief synopsis of the major changes in the code are as follows:
Senate Bill 6 adds Subchapter I, Placement of Registered Sex Offenders, to Chapter 37, and requires the immediate removal of a student from the regular classroom on the receipt of notification the student is required to register as a sex offender.
The district follows procedures to determine and review the appropriate alternative placement: DAEP (district alternative education program), JJAEP (juvenile justice alternative education program), or a regular classroom. The district may want to modify the memorandum of understanding with the JJAEP to include the possibility of this type of placement.
House Bill 2532 expands Section 37.0081 of the Education Code to include more circumstances involving Title 5 felony offenses, including being arrested, charged with, or referred to a juvenile court for an offense.
The consequence is now expulsion; however, either JJAEP or DAEP placement is required. This provision still requires a hearing prior to placement and may only be useful when the offense is not covered by any other section of the Code. HB 2532 also includes provisions identical to those in SB 6 on registered sex offenders.
House Bill 8 adds a mandatory expulsion for conduct occurring on campus or at a school activity that constitutes the offense of continuous sexual abuse of a young child or children. This bill also amends Section 25.0341 of the Education Code by adding this offense as a reason a student could be assigned to a different campus or DAEP when the victim is on the same campus.
House Bill 121 adds Section 37.0831 of the Education Code, requiring the district adopt a dating violence policy to be included in the district improvement plan. The policy needs to address safety planning, enforcement of protective orders, training, counseling, and awareness education.
TASB will provide additional information about this new policy requirement in Update 81, to be released in September. Dating violence has been added to the list of General Conduct Violations and the definition is now in the glossary.
Additionally, because participation in extracurricular activities is a privilege, not a right, the district prohibits students from participating in any extracurricular activity if the student has engaged in certain criminal activity.
Specifically, a student is prohibited from participating in extracurricular activities if the student has received deferred prosecution under Section 53.03, Family Code, or deferred adjudication for conduct defined as a felony offense in Title 5 of the Penal Code.
A student is also prohibited from participating in extracurricular activities if the student has been found by a court of jury to have engaged in delinquent conduct under Section 54.03, Family Code, or found by a court or jury to be guilty for conduct defined as a felony offense in Title 5 of the Penal Code.
The student is also prohibited from participating in extracurricular activities if the student is required to be registered as a sex offender.
The prohibition against participating in extracurricular activities referenced is in effect from the time the district learns one or more of the aforementioned triggering events occurred and continues for the entire time the student is enrolled in the ACISD.
This prohibition against participation in extracurricular activities applies even if the student has successfully completed and court disposition requirements or school disciplinary consequences imposed in connection with the conduct.
Changes from the 80th legislative session go into effect with the start of the 2007-08 school year. A brief synopsis of the major changes in the code are as follows:
Senate Bill 6 adds Subchapter I, Placement of Registered Sex Offenders, to Chapter 37, and requires the immediate removal of a student from the regular classroom on the receipt of notification the student is required to register as a sex offender.
The district follows procedures to determine and review the appropriate alternative placement: DAEP (district alternative education program), JJAEP (juvenile justice alternative education program), or a regular classroom. The district may want to modify the memorandum of understanding with the JJAEP to include the possibility of this type of placement.
House Bill 2532 expands Section 37.0081 of the Education Code to include more circumstances involving Title 5 felony offenses, including being arrested, charged with, or referred to a juvenile court for an offense.
The consequence is now expulsion; however, either JJAEP or DAEP placement is required. This provision still requires a hearing prior to placement and may only be useful when the offense is not covered by any other section of the Code. HB 2532 also includes provisions identical to those in SB 6 on registered sex offenders.
House Bill 8 adds a mandatory expulsion for conduct occurring on campus or at a school activity that constitutes the offense of continuous sexual abuse of a young child or children. This bill also amends Section 25.0341 of the Education Code by adding this offense as a reason a student could be assigned to a different campus or DAEP when the victim is on the same campus.
House Bill 121 adds Section 37.0831 of the Education Code, requiring the district adopt a dating violence policy to be included in the district improvement plan. The policy needs to address safety planning, enforcement of protective orders, training, counseling, and awareness education.
TASB will provide additional information about this new policy requirement in Update 81, to be released in September. Dating violence has been added to the list of General Conduct Violations and the definition is now in the glossary.
Additionally, because participation in extracurricular activities is a privilege, not a right, the district prohibits students from participating in any extracurricular activity if the student has engaged in certain criminal activity.
Specifically, a student is prohibited from participating in extracurricular activities if the student has received deferred prosecution under Section 53.03, Family Code, or deferred adjudication for conduct defined as a felony offense in Title 5 of the Penal Code.
A student is also prohibited from participating in extracurricular activities if the student has been found by a court of jury to have engaged in delinquent conduct under Section 54.03, Family Code, or found by a court or jury to be guilty for conduct defined as a felony offense in Title 5 of the Penal Code.
The student is also prohibited from participating in extracurricular activities if the student is required to be registered as a sex offender.
The prohibition against participating in extracurricular activities referenced is in effect from the time the district learns one or more of the aforementioned triggering events occurred and continues for the entire time the student is enrolled in the ACISD.
This prohibition against participation in extracurricular activities applies even if the student has successfully completed and court disposition requirements or school disciplinary consequences imposed in connection with the conduct.
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