AUSTIN INDEPENDENT SCHOOL DISTRICT

STUDENT CODE OF CONDUCT

 
(Adopted by AISD Board of Trustees on August 5, 1996, Revised June 24, 2002 August 11, 2003)
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Parents are requested to sign and return the receipt on Page 13

PURPOSE

Education in this community represents a significant commitment of financial and human resources. The
benefits a student derives from this investment depend very much on the student's attitude toward learning
and the student's adherence to high standards of behavior. The Student Code of Conduct that follows is the
District's specific response to requirements of Chapter 37: Discipline; Law And Order of the Texas
Education Code. The law requires the District to define misconduct that may or must result in a range of
specific disciplinary consequences. This code is an outgrowth of collaboration among District and campus
staff, parents, and other community members. This Code, adopted by the Board of Trustees, provides
information and direction to students and parents regarding standards of behavior as well as consequences
of misconduct. In the case of conflict between the Student Code of Conduct and Board policy, the Student
Code of Conduct will prevail.

The Superintendent shall not fail to establish and maintain a learning environment that is safe, conducive to
effective learning and free from unnecessary disruption (Executive Limitations 15). The District’s
compliance with this directive will be measured utilizing an annual monitoring report.

References are made throughout this document to Chapter 37 of the Texas Education Code (TEC) which
governs various aspects of the Student Code of Conduct. You may obtain a copy of Chapter 37 from your
school or by contacting the Office of the Superintendent, 1111 W. 6th Street, Austin, TX, 78703; Telephone
(512) 414-2182.
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Additional information related to student behavior is contained in each school's student handbook.

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Parents who have questions or concerns about student discipline decisions arising from violations of the
Code should contact the campus principal or Area Associate Superintendent.
Parents who have questions or concerns about discipline arising from violations of the Code for students
with disabilities should contact the Department of Special Education.

Table of Contents THIS CODE CONTAINS THE FOLLOWING SECTIONS:

 I. Expectations for Student Behavior 3
Discipline Authority 3
II. General Misconduct
A. Definition of General Misconduct 4
B. Consequences of General Misconduct 6
Removal by Teacher 6
Conference 6
Placement Review Committee 6
Suspension 7
III. Disciplinary Alternative Education Program (DAEP)
A. Behavior Subject to Removal to a DAEP
Alternative Education Program 7
Mandatory Removals 7
Discretionary Removals 8
B. Removal to a DAEP Alternative Education Program 8
Teacher/Administrator Removal 8
Appeal 9
Participation in Activities 9
Review Every 120 Days 9
Removal Beyond the End of the School Year 9
Emergency Placement in DAEP 9
Continuation of Placement in DAEP 10
Admission of Removed Students 10
IV. Expulsion
A. Offenses Subject to Expulsion 10
Mandatory Expulsions 10
Discretionary Expulsions 11
B. Expulsion 12
Hearing and Notice 12
Placement Pending Hearing 12
Due Process 12
Notification 12
Firearm Violations 12
Admission of Expelled Students 13
Participation in Activities 13
Academic Credit 13
Appeal 13
Emergency Expulsion 13
V. Placement in a Juvenile Justice Alternative Education Program 13
VI. Students with Disabilities 14
VII. Use of Confinement, Restraint, Seclusion, and Time-Out 15
VIII. Policy Against Sex Discrimination 16
IX. Acknowledgement and Receipt 16

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 I. EXPECTATIONS FOR STUDENT BEHAVIOR

As stated in the Board of Trustees Results Policies 1, 6, and 7: All students will progress academically and
intellectually, and will graduate prepared for personal success and inspired to contribute to society. In
order to achieve this mission, all students will demonstrate the aptitude, attitude and skills to lead
responsible, fulfilling, and respectful lives; and all students will understand the components of a healthy
lifestyle. To ensure that students learn in an environment that is safe and free from disruption, each student
is expected to:

 Demonstrate courtesy and respect for others;

 Behave in a responsible manner;
 Attend all classes regularly and on time;
 Prepare for each class; take appropriate materials and assignments to class;
 Be well-groomed and dress appropriately;
 Respect the rights and privileges of other students and of teachers and other District staff;
 Respect the property of others, including District property and facilities;
 Cooperate with or assist the school staff in maintaining safety, order and discipline; and,
 Avoid violations of the Student Code of Conduct.

A student whose behavior shows disrespect for others, including interference with their access to a public
education and/or a safe environment, will be subject to disciplinary action. The District or individual
schools may impose campus or classroom rules in addition to those found in the Student Code of Conduct.
These rules may be listed in the campus student handbooks or posted in classrooms and may or may not
constitute violations of the Student Code of Conduct.

Discipline Authority

School rules and the authority of the District to administer discipline apply whenever the interest of the
school is involved on or off school grounds in conjunction with or independent of classes and school-
sponsored activities. The District has disciplinary authority over a student:

 During the regular school day, when the student is within 300 feet of the school’s real property
boundary line, and while the student is going to and from school on District transportation;
 During lunch periods in which a student is allowed to leave campus;
 While the student is in attendance at any school-related activity, including summer school, regardless
of time or location;
 For any school-related misconduct, regardless of time or location;
 When criminal mischief is committed on or off school property or at a school-related event;
 When retaliation against a school employee is involved, either on or off school property or volunteer
occurs or is threatened, regardless of time or location;
 When the student commits a felony offense in the community, as provided by Texas Education Code
37.006 or 37.0081;
 Pursuant to any code of conduct adopted at the campus level relating to participation in a student club,
organization, or extracurricular activity;
 For certain mandatory DAEP and discretionary expulsion offenses, within 300 feet of school property
as measured from any point on the school’s real property boundary line; and
 For any mandatory expulsion offense committed while on school property or while attending a school-
sponsored or school-related activity of another district in Texas.

In general, discipline will be designed to correct the misconduct and to encourage all students to adhere to
their responsibilities as citizens of the school community. Disciplinary action and the length of the
assignment will draw on the professional judgment of teachers and administrators and on a range of
discipline management techniques. Disciplinary action will be related to, but not limited to, the seriousness
of the offense, the student's age and grade level, the frequency of misbehavior, the student's attitude,

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whether the student was acting in self-defense, the effect of the misconduct on the school environment, and
requirements of law. Because of these factors, discipline for a particular offense (unless otherwise specified
by law) may bring into consideration varying techniques and responses.

A student who violates campus or classroom rules that are not Student Code of Conduct violations may be
disciplined by one or more of the following discipline management techniques. These techniques may be
used alone or in combination for Student Code of Conduct and non-Student Code of Conduct violations,
such as campus or classroom rules:

 Verbal correction;  Withdrawal of privileges, such as participation in

 Cooling-off time or "time-out;" extracurricular activities and eligibility for
 Seating changes in the classroom; seeking and holding honorary offices;
 Counseling by teachers, counselors, or  Techniques or penalties identified in individual
administrative personnel; student organizations’ codes of conduct;
 Parent-teacher conferences;  School-assessed and school-administered
 Confiscation of items that disrupt the probation;
educational process;  Referral to outside agency and/or legal authority
 Behavioral contracts; for criminal prosecution in addition to
 Sending the student to the office or other disciplinary measures imposed by the District;
assigned area, or to in- school suspension; and/or,
 Assignment to another classroom;  Other strategies and consequences as specified
 Detention; by the Student Code of Conduct or deemed
 Assigned school duties other than class tasks; appropriate by the campus administrators, such
 Withdrawing or restricting bus privileges; as suspension, removal, or expulsion.

Note: Corporal punishment is not permitted in AISD.

When disciplinary consequences require a conference or hearing, the school district will make a good-faith
effort to inform the student and the student's parent or guardian of the time and place of the conference or
hearing. The district may hold the conference or hearing regardless of whether the student, the student's
parent or guardian, or another adult representing the student attends.

Note: In addition to disciplinary consequences, misdemeanor and felony offenses committed on campus
will be reported to and handled by the appropriate law enforcement agency.

II. GENERAL MISCONDUCT

A. DEFINITION OF GENERAL MISCONDUCT

Students are prohibited from:

 Cheating or copying the work of another;
 Throwing objects that can cause bodily injury or property damage;
 Leaving school grounds or school-sponsored events without permission;
 Use of profanity, vulgar language or obscene gestures;
 Possession of knives, bladed instruments, air guns, chemical dispensing devices, mace/pepper spray,
fireworks, matches, replica firearms, electronic stunning devices, ammunition, and other dangerous
items;
 Possession of a razor, box cutter, chain, or any other object used in a way that threatens or inflicts
bodily injury to another person;
 Fighting;
 Stealing, theft, robbery;
 Damaging or vandalizing property owned by others;
 Disobeying rules for conduct on school buses;
 Hazing;
 Failing to comply with directives given by school personnel;

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 Committing extortion, coercion, or blackmail (obtaining money or another object of value from an
unwilling person), or forcing an individual to act through the use of force or threat of force;
 Gambling;
 Name-calling, ethnic or racial slurs, or derogatory statements that school officials have reason to
believe will disrupt the school program or incite violence;
 Engaging in any misbehavior that gives school officials reasonable cause to believe that such conduct
will substantially disrupt the school program or incite violence;
 Engaging in inappropriate physical or sexual contact;
 Engaging in conduct that constitutes sexual harassment or sexual abuse whether the conduct is by
word, gesture, or any other sexual conduct, including requests for sexual favors;
 Possessing, selling, using, or distributing medicines that are available without a prescription in a
manner that is not consistent either with the medicine’s intended use as indicated on the manufacturer’s
labeling or with the campus rules concerning the handling of such medicines;
 Possessing or using matches or a lighter;
 Possessing, smoking, or using tobacco products;
 Possessing or selling look-alike drugs or items attempted to be passed off as drugs and contraband;
 Possessing drug paraphernalia;
 Elementary and middle school students may not possess a paging device or cellular telephone while on
school property or while attending school-sponsored or school-related activities; High school students
may possess a paging device or cellular telephone but may not use them during the school day on
school property;
 Behaving in any way that disrupts the school environment or educational process;
 Violating safety rules;
 Making false accusations or hoaxes regarding school safety;
 Repeatedly violating other communicated campus or classroom standards of behavior;
 Inappropriate and/or illegal use of the District’s electronic communication system(s), including the
Internet;
 Violating any local, state, or federal laws;
 Engaging in conduct that constitutes criminal mischief;
 Aggressive, disruptive action or group demonstration that substantially disrupts or materially interferes
with school activities;
 Falsification of records, passes, or other school related documents, including paper records and
computer records;
 Possession or distribution of pornographic materials; and
 Bullying, which may include repeated teasing, taunting, threatening, hitting, stealing, intentional
exclusion, and rumors that create an ongoing pattern of harassment and abuse.
 Bullying is aggressive behavior or intentional harm-doing which can be physical, verbal, or emotional,
is carried out repeatedly over time, and occurs among students in which the student who bullies has
more power than the target. (The power advantage may be due to age, size, ability, popularity, or other
factors that create a power imbalance between the bully and the target.)

The following definitions apply throughout the code:

Use: this term means a student has smoked, ingested, injected, imbibed, inhaled, drunk, or otherwise taken
internally a prohibited substance recently enough that it is detectable by the student’s appearance, actions,
breath, or speech.

Under the influence: this term means a student’s faculties are noticeably impaired by alcohol and/or drugs,
but the student need not be legally intoxicated. Impairment of a person’s physical and/or mental faculties
may be evidence by a pattern of abnormal or erratic behavior and/or the presence of physical symptoms of
drug or alcohol use.

Possession: this term means actual care, custody, control, or management of an object or substance. A
student shall be considered in possession of any substance or object prohibited or regulated by this Code if

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the substance or object is: (1) on the student’s person or in the student’s personal property, including but
not limited to the student’s clothing, purse, book bag, or briefcase; (2) in any private vehicle used by the
student for transportation to or from school or school-related activities, including but not limited to an
automobile, truck, motorcycle, or bicycle; or (3) in any school property used by the student, including but
not limited to a locker or a desk.

Serious or persistent misbehavior: students may also be disciplined or removed for serious or persistent”
misbehavior. The District defines "persistent" to be two or more violations of the Student Code of Conduct
in general or repeated occurrences of the same violation. The District defines "serious" offenses as offenses
that pose physical danger to the student, others or to property.

B. CONSEQUENCES FOR GENERAL MISCONDUCT

Students who engage in general misconduct as defined in Part A, above, will be disciplined. Campus
administration will make a good faith effort to contact the parent/guardian concerning any violation of the
Student Code of Conduct within a reasonable amount of time. Students will be disciplined through the use
of any appropriate discipline management techniques as listed on page 4; by the removal of the student
from the regular classroom environment and placement of the student at an alternative education program
(see III. B. “Removal to an Alternative Education Program); or by the suspension of the student as provided
below:

Removal by Teacher [TEC 37.002(b)(d)]

A teacher also has the authority to remove a student. A teacher may remove from class a student who has
been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively
with the students in the class or with the ability of the student's classmates to learn; or whose behavior the
teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to
communicate effectively with the students in the class or with the ability of the student's classmates to
learn. [TEC 37.002(b)] A teacher or administrator may also remove a student from class for an offense for
which a student may be suspended and/or placed in a disciplinary Alternative Education Program. [TEC
37.002(d)] The principal or appropriate administrator must send a copy of the teacher’s documentation or
of the Code of Conduct violation to the student's parent or guardian within 24 hours of receiving it.

Conference
When a student is removed from the regular classroom, a conference will be scheduled within three school
days with the student’s parent/guardian, the teacher, and the student. Pending the conference, the principal
or other appropriate administrator may place a student:
 In another appropriate classroom.  On suspension.
 In in-school suspension.  In a disciplinary Alternative Education Program.
(See page 14 for students with disabilities.)

After the conference, the principal will notify the student and parent(s) of the consequences of the Student
Code of Conduct violation. When a student has been formally removed from class, the principal or other
administrator may not return the student to the teacher's class without the appropriate teacher's consent
unless the Placement Review Committee (described below) determines that the teacher's class is the best or
only alternative.

Placement Review Committee [TEC 37.003]

Each school will establish a three member committee composed of two teachers chosen by the faculty and
one member chosen by the principal. In addition, there will be one alternate member chosen by the faculty.
The purpose of this committee is to determine placement of a student when a teacher refuses the return of a
student to the teacher's class and to make recommendations to the district regarding re-admission of
expelled students

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Suspension [TEC 37.005]

Students may be suspended for any behavior listed in the Student Code of Conduct as a general misconduct
violation, Disciplinary Alternative Education Program placement, or expellable offense. In addition,
suspensions may be used for students who have committed a removal or expulsion offense and for whom a
conference or hearing is pending. State law allows a student to be suspended from school for up to three
school days per offense, with no limit on the number of times a student may be suspended in a semester or
school year. (See page 14 for students with disabilities.) A student who is to be suspended will be
afforded due process via an informal conference by the principal or other appropriate administrator
advising the student of the conduct with which he or she is charged and giving the student the opportunity
to explain his or her version of the incident. The duration of a student's suspension, which cannot exceed
three school days, will be determined by the principal or other appropriate administrator. The parent or
guardian will be notified. In the case of elementary students, parents will have the option of supervising
their child at home or having their child assigned to the suspension program at Dill School, if space is
available. Any restrictions on participation in school-sponsored or school-related extracurricular and
noncurricular activities will be determined by the principal or other appropriate administrator.

II. DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM (DAEP)

A. BEHAVIOR SUBJECT TO REMOVAL TO A DAEP ALTERNATIVE EDUCATION PROGRAM

Mandatory Removals

A student must be placed in a disciplinary Alternative Education Program if the student commits any of the
following offenses on school property or within 300 feet of the school’s real property boundary line, or
while attending a school-sponsored or school-related activity on or off of school property [TEC 37.006]:
 Engaging in conduct punishable as a felony;
 Committing an assault with injury;
 Making a terroristic threat; false alarm or report (e.g., bomb threats);
 Selling, giving, delivering, possessing, using or being under the influence of marijuana, a controlled
substance, or a dangerous drug;
 Selling, giving, or delivering an alcoholic beverage; committing a serious act or offense while under
the influence of alcohol;
 Possessing, using, or being under the influence of an alcoholic beverage;
 Behaving in a manner that contains the elements of an offense relating to abusable glue or aerosol paint
or relating to volatile chemicals;
 Behaving in a manner that contains the elements of the offense of public lewdness; and/or,
 Behaving in a manner that contains the elements of the offense of indecent exposure.

In addition, a student must be placed in a disciplinary Alternative Education Program if the student:
 Engages in conduct that contains the elements of the offense of retaliation against any school
employee, regardless of where or when the conduct occurs. (Committing retaliation in combination
with another expellable offense is addressed in the expulsion section of this Student Code of Conduct);
 Making a terroristic threat; false alarm or report (e.g., bomb threats);
 Is ordered by a juvenile court to attend a district DAEP as a condition of probation (pertains to
unexpelled students).
 Engages in conduct off-campus and while the student is not in attendance at a school-sponsored or
school-related activity and:
1. Is placed on deferred prosecution by Juvenile Court for conduct defined as a felony in Title 5
of the Penal Code (Title 5 includes both misdemeanor and felony offenses “against the
person”);
2. Is found to have engaged in delinquent conduct as specified by Title 5 of the Penal code;
and/or,
3. Is believed by the Superintendent or the Superintendent’s designee to have engaged in conduct
defined as a felony offense in Title 5 of the Penal Code.

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A student under 10 years of age who engages in expellable conduct described in Section 37.007 shall
receive educational services in the district’s disciplinary Alternative Education Program. A student under
the age of six may not be removed to a disciplinary alternative education program (as described in 37.008)
unless they commit a federal firearms offense.

Discretionary Removals

A student may also be removed from class and placed in an alternative education program under Section
37.008 based on conduct occurring off campus and while the student is not in attendance at a school-
sponsored or school-related activity if:
 The superintendent or the superintendent's designee has a reasonable belief that the student has
engaged in conduct defined as a felony offense other than those defined in Title 5, Penal Code; and the
continued presence of the student in the regular classroom threatens the safety of other students or
teachers or will be detrimental to the educational process.
 The continued presence of the student in the regular classroom threatens the safety of other students or
teachers or will be detrimental to the educational process.

In addition, the Board or its designee will recommend placing students in a disciplinary Alternative
Education Program who are found to be:
 Involved in gang activity, including participating as a member or pledge, or soliciting another person to
become a pledge or member of a gang.
 Involved 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 such a group.

A student may also be removed to a disciplinary alternative education program for serious or persistent
misbehavior. The District defines "persistent" to be two or more violations of the Student Code of Conduct
in general or repeated occurrences of the same violation. The District defines "serious" offenses as offenses
that pose physical danger to the student, others or to property.

B. REMOVAL TO A DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM

The Board delegates to the principal the authority to remove a student to a disciplinary Alternative
Education Program in which the student will be separated from the other students for the entire school
program day and will be provided instruction in the core subjects with the goal of reaching/maintaining
grade level. Counseling will also be provided to the student. The duration of a student’s placement in a
DAEP will be determined on a case-by-case basis. The maximum period of a DAEP placement is a
calendar year unless it is determined that the student is a threat to the safety of other students or to the
District employees; or an extended placement is in the best interest of the student. The Board delegates to
the Superintendent or designee the authority to consider appeals of such removals. The District will
provide transportation for students assigned to a disciplinary Alternative Education Program, so long as the
students behave appropriately. Secondary students will be removed to the Alternative Learning Center and
elementary students will be removed to the Alternative Learning Center Elementary Program Dill School.

Teacher/Administrator Removal [37.006]

A teacher shall remove a student from class and send him/her to the principal or other appropriate
administrator if the student engages in an offense specified under 37.006. When a violation of 37.006 is
alleged, the principal or other appropriate administrator will schedule a conference with the student's
parent, teacher, and the student within three school days of receiving the violation report. The duration of a
student's placement in a disciplinary Alternative Education Program is the decision of the principal.

Until a conference can be held as a result of a teacher removal or administrator removal, the principal or
other appropriate administrator may place a student:
 In another appropriate classroom.  In a disciplinary Alternative Education Program.
 In in-school suspension.  On suspension.

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At the conference, due process will be afforded. The principal or other appropriate administrator will
explain the allegations against the student and give the student an opportunity to explain his or her version
of the incident.

Appeal
The principal’s decision to place a student in the disciplinary Alternative Education Program may be
appealed to a designee of the Superintendent the Associate Superintendent (Level I), the Chief Academic
Officer or designee (Level II), the Superintendent or designee (Level III), and the Board (Level IV). The
student and/or the student's parent or guardian will be given notice of their right to appeal a removal. Any
decision made on a student's appeal by the Board cannot be appealed. Consequences will not be deferred
pending the outcome of an appeal.

A student and/or the student’s parent or guardian may appeal to the Board the Superintendent’s decision to
continue placement after the district has received notification of the prosecutor’s decision not to prosecute
or a court finding that the student is not guilty or did not engage in delinquent conduct.
(See page 14 for students with disabilities.)

Participation in Activities
State law does not permit students who are in a disciplinary Alternative Education Program as a result of
committing a violation, according to state law, requiring placement in a disciplinary Alternative Education
Program, to participate in any school-sponsored or school-related extracurricular and noncurricular
activities.

Review Every 120 days

A student placed in a disciplinary Alternative Education Program will be provided a review of the student's
status by the principal or other appropriate administrator of the student's home school at intervals not to
exceed 120 days. At the review, the student or the student's parent or guardian must be given the
opportunity to present arguments for the student's return to the regular classroom or campus. In the case of
a high school student, the Board's designee, with the student's parent or guardian, shall review the student's
progress towards meeting high school graduation requirements and shall establish a specific graduation
plan for the student. The district is not required under this subsection to provide in the District's Alternative
Education Program a course not specified under Section 37.008(a). The student may not be returned to the
classroom of the teacher who removed the student without the teacher's consent, unless it is determined by
the Placement Review Committee that this is the best or only alternative available.

Removal Beyond the End of the School Year

For placement in a disciplinary Alternative Education Program to extend beyond the end of the school year,
the principal or other appropriate administrator must determine that:
 The student's presence in the regular classroom or campus presents a danger of physical harm to
students or others, and/or
 The student has engaged in serious or persistent misbehavior that violates the Student Code of
Conduct.

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.

Emergency Placement in DAEP [Section 37.019]

In situations which the principal or other appropriate administrator consider to be an emergency, the
principal may order the immediate placement of a student when a student is so unruly, disruptive, or
abusive that the student's presence seriously interferes with a teacher's ability to communicate effectively
with the students in a class, with the ability of the student's classmates to learn, or with the operation of
school or a school-sponsored activity. As required by law, the student will be given the appropriate
conference required for placement in a DAEP within ten days.

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Continuation of Placement in DAEP
A student's placement in a disciplinary Alternative Education Program (DAEP) may be continued (by
another conference) if he or she fails to complete the requirements of a DAEP program during the term of
his or her removal to such a program or engages in another offense for which placement in a DAEP is
required or permitted.

Admission of Removed Students

The District will decide on a case-by-case basis the placement of a student who enrolls in the District and
was assigned to a DAEP in another district, including a district in another state or an open-enrollment
school. The District may place the student in the District’s DAEP or a regular classroom setting.

IV. EXPULSION
A. OFFENSES SUBJECT TO EXPULSION [TEC 37.007]

Mandatory Expulsions

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

A firearm is defined by federal law as:

 Any weapon (including a starter gun), which will or is designed to or which 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 silencer.
 Any destructive device, such as any explosive, incendiary, or poison gas bomb, or grenade

Use, exhibition, or possession of the following, under the Texas Penal Code:
 A firearm.
 An illegal knife, such as a knife with a blade over 5 1/2 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.
 A club.
 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, or zip gun.

Behavior containing the elements of the following under the Texas Penal Code:
 Aggravated assault, sexual assault, or aggravated sexual assault.
 Arson.
 Murder, capital murder, or criminal attempt to commit murder or capital murder; manslaughter; or
criminally negligent homicide.
 Indecency with a child.
 Aggravated kidnapping.
 Aggravated robbery.
 Behavior related to an alcohol or drug offense that could be punishable as a felony.
 Behavior punishable as a felony that involves the selling, giving, or delivering to another person,
possessing, using, or being under the influence of marijuana, a controlled substance, a dangerous drug,
or alcohol; or committing a serious act 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

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Discretionary Expulsions

A student may be expelled for 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 at a school in another district in Texas.

A student may be expelled for any of the following offenses if committed within 300 feet of 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.
 Committing a felony drug- or alcohol- related offense.
 Using, exhibiting, or possessing a firearm, an illegal knife, a club, or prohibited weapon.

A student may be expelled for any of the following offenses if committed on school property or within 300
feet of the school’s real property boundary line, or while attending a school-sponsored or school-related
activity on or off school property:
 Engaging in conduct that contains the elements of an offense under Section 22.01, Penal Code (assault
as when a person intentionally, knowingly or recklessly causes bodily injury to another, including the
person’s spouse) against a school district employee or volunteer.
 Engaging in conduct that contains the elements of the offense of deadly conduct under 22.05 of the
Penal Code.

A student may be expelled for any of the following offenses regardless of where the conduct takes place:
 Engaging in conduct that contains the elements of an offense under Section 22.01, Penal Code (assault
as when a person intentionally, knowingly or recklessly causes bodily injury to another, including the
person’s spouse) in retaliation against a school district employee or volunteer.
 Making a terroristic threat; false alarm or report (e.g., bomb threats) involving a public school.
 Criminal mischief if punishable as a felony.

A student may be expelled for any of the following offenses regardless of where the conduct takes place if
it is against another student:
 Aggravated assault
 Sexual assault,
 Aggravated sexual assault.
 Murder
 Capital murder
 Criminal attempt to commit murder or capital murder
 Aggravated robbery

A student may be expelled for serious or persistent misbehavior if a student is already in a disciplinary
Alternative Education Program and continues to violate the District's Student Code of Conduct.

A student may be expelled for:

 Criminal mischief if punishable as a felony, whether committed on or off school property or at a
school-related event.
 Using, giving, selling, delivering, possessing, or being under the influence of alcohol, marijuana, or
other controlled substances; or engaging in conduct that contains the elements of an offense relating to
abusable glue, aerosol paint, or volatile chemicals.

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 Serious or persistent misbehavior if a student is already in a disciplinary Alternative Education
Program and continues to violate the District's Student Code of Conduct. (See definition on page 5.)
 Engaging in conduct that contains the elements of an offense under Section 22.01, Penal Code (assault
as when a person intentionally, knowingly or recklessly causes bodily injury to another, including the
person’s spouse), against a school district employee or volunteer without regard to whether the conduct
occurs on or off of school property.
 Making a terroristic threat; false alarm or report (e.g., bomb threats).

B. EXPULSION [TEC 37.007]

The Board delegates the authority to expel students to the Superintendent or Superintendent's designee.
Students under 10 years of age may not be expelled for engaging in conduct specified in 37.007, except for
firearm violations. A student under 10 years of age who engages in expellable conduct described in Section
37.007 shall receive educational services in the district’s disciplinary Alternative Education Program. A
student under the age of six may not be removed to a disciplinary alternative education program (as
described in 37.008) unless they commit a federal firearms offense. The duration of a student’s expulsion
will be determined on a case-by-case basis. The maximum period for an expulsion is a calendar year unless
it is determined that the student is a threat to the safety of other students or to the District employees; or an
extended placement is in the best interest of the student. Students who commit offenses requiring
expulsion at the end of one school year may be expelled into the next school year to complete the assigned
term of expulsion. (See page 14 for students with disabilities.)

Hearing and Notice

The principal or other appropriate administrator will schedule a hearing within a reasonable time with the
student's parents, the teacher, and the student. The student's parent or guardian will be invited in writing to
attend the hearing. If the school district makes a good-faith effort to inform the student and the student's
parent or guardian of the time and place of the hearing, the district may hold the hearing regardless of
whether the student, the student's parent or guardian, or another adult representing the student attends.
[37.009(f)]

Placement Pending Hearing

Until a hearing can be held, the principal or other appropriate administrator may place the student:
 In another appropriate classroom.  In a disciplinary Alternative Education Program.
 In in-school suspension.  On emergency expulsion.
 On suspension.

Due Process
A student facing expulsion will be given appropriate due process as required by the U. S. Constitution. The
student is entitled to:
 The right to an adult representative who is not a District employee or legal counsel who can provide
guidance to the student.
 An opportunity to testify and to present evidence and witnesses in the student's defense.
 An opportunity to question the District's witnesses.

Notification
After the hearing, notification of the principal's or other appropriate administrator’s recommendation will
be provided in writing. If the student is to be expelled, not later than the second business day after the
hearing, the Board's designee will deliver to the juvenile court a copy of the order expelling the student and
information required by Section 52.04 of the Family Code.

Firearm Violations
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
designee may modify the length of the expulsion on a case-by-case basis. Expelled students may receive
educational services in the District’s disciplinary Alternative Education Program or the Juvenile Justice

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Alternative Education Program. Students under the age of ten shall receive educational services in the
district’s disciplinary Alternative Education Program.

Term of expulsion
The duration of a student's expulsion will be determined by the Superintendent or designee on a case-by-
case basis.

Admission of Expelled Students

The District will decide on a case-by-case basis the placement of a student who is subject to an expulsion
order from another district or open-enrollment charter school and who requests admission into the District.

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

Academic Credit
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].
Appeal
Expulsions may be appealed to the Superintendent or designee. The student and/or the student's parent or
guardian will be given notice of their right to appeal an expulsion. Appeals must be made within ten (10)
seven (7) school days of receipt of the expulsion order. After consideration by the Superintendent or
designee, expulsions may be appealed to the Board of Trustees or designee. If the decision to expel a
student is made by the Board's designee, the decision may be appealed to the Board. Expulsion
recommendations are made by the campus administration. Expulsion orders are approved by the Associate
Superintendent. Expulsions can be appealed to the Chief Academic Officer or designee (Level II), the
Superintendent or designee (Level III), and the Board (Level IV). The decision of the Board may be
appealed by trial de novo to the Travis County District Court. Consequences will not be deferred pending
the outcome of an appeal.
Emergency Expulsion [Section 37.019]
In an emergency, the principal or other appropriate administrator may order the immediate expulsion of a
student when the continued presence of the student on campus poses a danger of imminent harm to persons
or property. When an emergency expulsion occurs, the student and parent and/or guardian will be given
oral notice of the reason for the action. This will be followed by written notification.
A student who is expelled on an emergency basis will be released to the student's parent, parent's
representative, medical providers, or law enforcement authorities. Within a reasonable amount of time
after the emergency expulsion, the student will be given appropriate due process required for a student
facing expulsion. For a student with disabilities the term of the student's emergency expulsion is subject to
the requirements of federal law.

V. PLACEMENT IN A JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM [TEC

37.011]

Students who are expelled under the provisions of this Student Code of Conduct and who are subsequently
placed on probation by the Travis County Juvenile Court will be ordered by the Court to attend an
alternative education program operated by the Court.

The Board of Trustees has entered into an agreement with the Travis County Juvenile Board outlining the
Juvenile Board's responsibilities concerning the establishment and operation of the Juvenile Justice
Alternative Education Program and conditions for payments from the District to the Juvenile Board.
Details of this relationship are defined in agreements available for public inspection upon request to the
Superintendent.

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VI. STUDENTS WITH DISABILITIES UNDER THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT (IDEA)

A student with disabilities may be ordered to an appropriate interim alternative education setting, another
setting, or supervision (to the extent such alternatives would be applied to students without disabilities).

The placement of a student with a disability who receives special education may be changed by a duly
constituted Admission, Review, and Dismissal (“ARD”) committee. A student with a disability who
receives special education services may not be placed in alternative education programs solely for
educational purposes if the student does not also meet the criteria for alternative placement in Section
37.006(a) or 37.007(a).

A student with disabilities may be removed to an appropriate interim alternative placement for the same
amount of time that a student without a disability would be subject to discipline, but for not more than 45
days if: (1) the student carries a weapon to school or to a school function; or (2) the student knowingly
possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a
school function.

If such a disciplinary action is taken, or if the change in placement will exceed 10 days, the parent will be
notified of the decision and given their procedural safeguards. Additionally, no later than 10 school days
after the date on which the decision to take that action is made, the ARD committee shall make a
manifestation determination review. The ARD committee must determine whether the behavior of the
student is a manifestation of the student’s disability.

When making a manifestation determination, the ARD committee shall consider all relevant information,
including evaluation and diagnostic results, such results or other relevant information supplied by the
parents of the student, observations of the student, and the student’s IEP and placement. The ARD
committee must determine: (1) in relationship to the behavior subject to disciplinary action, the student’s
IEP and placement were appropriate and the special education services, supplementary aids and services,
and behavior intervention strategies were provided consistent with the student’s IEP and placement; (2) the
student’s disability did not impair the ability of the student to understand the impact and consequences of
the behavior; and (3) the student’s disability did not impair the ability of the student to control the behavior.

If the student’s behavior is not a manifestation of the student’s disability, the regular disciplinary procedures
will be followed with the exception that students that have been suspended or expelled from school are
entitled to a free and appropriate public education.

Nothing in the code shall be construed to prohibit the school district from reporting a crime committed by a
student with a disability to appropriate authorities. The school district must ensure that copies of the special
education and disciplinary records of the student are transmitted for consideration by the authorities to
whom it reports the crime.

STUDENTS WITH DISABILITIES UNDER SECTION 504 OF THE REHABILITATION ACT OF

1973

A student eligible under Section 504 shall not be removed to an alternative education program or expelled
unless the District first determines that the misbehavior is not a manifestation of the student's disability.
That determination may be made by the same group of people who make placement decisions (LST/504
Committee.) The group must have available to it evaluation data that is recent enough to afford an
understanding of the student's current behavior. At a minimum, the group shall include persons
knowledgeable about the student and the meaning of the evaluation data.

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TEXAS EDUCATION CODE SECTION 37.0021: USE OF CONFINEMENT, RESTRAINT,
SECLUSION, AND TIME-OUT

(a) It is the policy of this state to treat with dignity and respect all students, including students with
disabilities who receive special education services under Subchapter A, Chapter 29. A student with a
disability who receives special education services under Subchapter A, Chapter 29, may not be confined in
a locked box, locked closet, or other specially designed locked space as either a discipline management
practice or a behavior management technique.
(b) In this section:
(1) "Restraint" means the use of physical force or a mechanical device to significantly restrict
the free movement of all or a portion of a student's body.
(2) "Seclusion" means a behavior management technique in which a student is confined in a
locked box, locked closet, or locked room that:
(A) is designed solely to seclude a person; and
(B) contains less than 50 square feet of space.
(3) "Time-out" means a behavior management technique in which, to provide a student with an
opportunity to regain self-control, the student is separated from other students for a limited
period in a setting:
(A) that is not locked; and
(B) from which the exit is not physically blocked by furniture, a closed door held
shut from the outside, or another inanimate object.
(c) A school district employee or volunteer or an independent contractor of a district may not place a
student in seclusion. This subsection does not apply to the use of seclusion in a court-ordered placement,
other than a placement in an educational program of a school district, or in a placement or facility to which
the following law, rules, or regulations apply:
(1) the Children's Health Act of 2000, Pub. L. No. 106-310, any subsequent amendments to that
Act, any regulations adopted under that Act, or any subsequent amendments to those regulations;
(2) 40 T.A.C. Sections 720.1001-720.1013; or
(3) 25 T.A.C. Section 412.308(e).
(d) The commissioner by rule shall adopt procedures for the use of restraint and time-out by a school
district employee or volunteer or an independent contractor of a district in the case of a student with a
disability receiving special education services under Subchapter A, Chapter 29. A procedure adopted under
this subsection must:
(1) be consistent with:
(A) professionally accepted practices and standards of student discipline and
techniques for behavior management; and
(B) relevant health and safety standards; and
(2) identify any discipline management practice or behavior management technique that
requires a district employee or volunteer or an independent contractor of a district to be trained
before using that practice or technique.
(e) In the case of a conflict between a rule adopted under Subsection (d) and a rule adopted under
Subchapter A, Chapter 29, the rule adopted under Subsection (d) controls.
(f) For purposes of this subsection, "weapon" includes any weapon described under Section 37.007(a)(1).
This section does not prevent a student's locked, unattended confinement in an emergency situation while
awaiting the arrival of law enforcement personnel if:
(1) the student possesses a weapon; and
(2) the confinement is necessary to prevent the student from causing bodily harm to the student or
another person.
(g) This section and any rules or procedures adopted under this section do not apply to:
(1) a peace officer while performing law enforcement duties;
(2) juvenile probation, detention, or corrections personnel; or
(3) an educational services provider with whom a student is placed by a judicial authority, unless the
services are provided in an educational program of a school district.

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 Policy Against Sex Discrimination in the Austin Independent School District

Title IX of the Education Amendments of 1972, Public Law 93-318, and regulations thereunder,
require that school districts not discriminate against students on the basis of sex in educational
programs and activities. Sexual harassment is a form of sexual discrimination.

If you have a question or concern about sex discrimination in an educational program or activity
within the Austin Independent School District, please contact Adreayn Wilson (414-1481), the Title
IX coordinator for the Austin Independent School District.

Student Code of Conduct Acknowledgment

Dear Student and Parent:

As required by state law, the District has officially adopted the Student Code of Conduct in order to
promote a safe and orderly learning environment for every student.

We urge you to read this publication thoroughly and to discuss it among your family. If you have any
questions about the behaviors and consequences, we encourage you to ask for an explanation from the
student’s teacher or campus administrator.

The student and parent should each sign this page in the space provided below, and then return the
page to the student’s school.

Thank you.

(Cut here and return to your child's school.)

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

RECEIPT OF STUDENT CODE OF CONDUCT

Student's Name: _____________________________ Date of Birth: _________ Grade:_________

STUDENT: I have received, read or have had explained to me the contents of the Austin Independent
School District Student Code of Conduct.

Student Signature: __________________________________ Date: _________

PARENT, GUARDIAN, OR PERSON RESPONSIBLE: I acknowledge receipt of the Austin

Independent School District Student Code of Conduct. I have reviewed the contents of the Student
Code of Conduct with my child, in a manner appropriate for my child's age and developmental level,
and agree to help my child abide by it.

Parent/Guardian/Person Responsible Signature: ___________________________ Date: _________

(NOTE: Failure to sign and return this receipt does not take away the responsibility to abide by the
contents of the Student Code of Conduct.)

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 The Austin Independent School District does not discriminate
on the basis of race, creed, color, national origin, age, gender,
sexual orientation, disability, or English language skills in its
programs and activities.

The Austin Independent School District believes that a valuable

element of education is the development of respect for all
individuals, regardless of race, color, creed, national origin, age,
gender, sexual orientation, disability, or other personal
attributes.

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