10 THINGS YOU CAN DO TO ENSURE COMPLIANCE WITH

THE LAW

Presentation by:Omar Fierro, Manuel Gamboa,

David Kohutek, & Joe Stanaland

Know Your Jurisdiction Code of Conduct-Must specify the circumstances under

which students maybe subject to discipline

Geography limits disciplinary techniques

Schools cannot impose rules that apply 24/7/365

General Rule: School must show legitimate business in regulating student behavior

First element of due process is notice

Be prepared to prove

Be Prepared for Teacher Removal

Chapter 37: Removal of students from class

Three types of Removals: Removal “for help”; Mandatory Removal; Discretionary Removal

Student with a disability under IDEA or Section 504

Special Rules For Special Populations

School officials can take disciplinary action in the same manner that they would do so for regular education students for a total of 10 school days during the school year

10-day (FAPE Free Zone) provision is a cumulative rule

If the disciplinary assignment to ISS or DAEP goes beyond the 10-days, the ARD committee must carry out a manifestation determination.

Be Aware of the “Shoulda Known” Kids

Non Disabled Students protections of IDEA

Theory that regular education students should be entitled to the protections of IDEA.

Protection does not extend to students whose parents have refused to permit an evaluation.

Describe the Offense with CARE

Document, Document, Document

Do not tie to The Texas Penal Code

Tie to the School Code of Conduct

Inappropriate exposure of a student’s body parts which are ordinarily covered

Using profanity, vulgar language, or obscene gestures

Violating dress and grooming criteria

Inappropriate verbal, physical, or sexual contact toward another student

TPC – For Public Lewdness or Indecent Exposure Use

Horseplay, roughhousing, and other playful behavior that presents a reasonable risk

Fighting or scuffling that does not result in physical pain

Engaging in conduct that can cause bodily harm

Engaging in oral or written threats that can cause bodily harm or injury

Instead of Assault or Terroristic Threat Use:

End of Zero Tolerance The legislature has moved away from the

concept of zero tolerance. It means that administrators will be required to exercise some discretion in determining such factors as “self defense” and “intent”

Common Sense

Length of DAEP Assignment

District must adopt guidelines

Always follow those guidelines

Maximum time is one school year

Exceptions – Continued threat -- DAEP student safety

DAEP Placement Term

Students should be given a definite term when placed

A term may be shortened due to good behavior or progress made

However, an administrator may not “arbitrarily” assign additional days without an appropriate written order and a new due process conference

DAEP Term: Additional Days

Any additional days added will be considered as a new assignment

New assignments must include the following:

(1) A Parent Conference

(2) A New Placement Order

(3) New Public Education Information Management System (PEIMS) 425 record for behavior violation

Corporal Punishment

Imperative to know your district policy when dealing with corporal punishment

Always get parental written permission regardless what district policies say

Document, Document, Document!

Restraint Restraint should only be used in true emergencies

Persons applying restraint must be properly trained

Parents of student must immediately be notified

Incident must immediately be documented

Extracurricular It’s a privilege. Not a right

ABCs (Athletics, Band, & Cheerleading)

Surviving a legal and/or media-based challenge it is important that:

Students have notice of what the rules are;

The rules have been approved by the school board;

The rules are appropriate, fair, and consistent.

School Attorney

Know where to go

Professional Organizations (eg. TASSP)

Know who your school attorney is

Preventative advice

Know what firm your district uses and what is required for you to have authority to contact the lawyer

SourceWalsh, J., Anderson, D., Brown, J., Gallegos,

E., & Green, D.A. (2010) Ten things you can do to ensure compliance with the

law. Presentation by Walsh, J. 1-10.