Harlandale ISD
Regular Meeting
Monday, July 20, 2020 6:15 PM
Central Office, 102 Genevieve, San Antonio, TX 78214 via video conferencing Effective March 16, 2020 Governor Gregg Abbott authorized the temporary suspension of some of the statutory provisions of the Texas Open Meetings Law This Meeting of the Board of Trustees of the Harlandale Independent School District is being held pursuant to this authorization and will limit the face-to-face meetings to slow the spread of the Corona Virus (COVID-19). See attached Open Meeting Laws Subject to Temporary Suspension.
Agenda of Regular Meeting
The Board of Trustees Harlandale Independent School District
A Regular Meeting of the Board of Trustees of Harlandale Independent School District will be held Monday, July 20, 2020, beginning at 6:15 PM, Central Office, 102 Genevieve, San Antonio, TX 78214 via video conferencing.
This board meeting will be held via Zoom. Members of the public may access this meeting by the free of charge video conference link by logging into the following Zoom website https://zoom.us/j/3770069569 Password: HISD no more than 15 minutes before the meeting. Additionally, the District will provide a live stream of the meeting via YouTube. That link address will be posted on the front page of the Harlandale ISD website www.Harlandale.net the day of the meeting. A recording of the meeting will be made available to the public within 5 business days at the Harlandale ISD website www.Harlandale.net under the SCHOOL BOARD/Board Meeting Videos page. An electronic copy of the agenda packet may be accessed at the Harlandale ISD website under the SCHOOL BOARD/BoardBook page prior to the meeting.
The Board may go into Closed Session on any agenda item, if permitted under Chapter 551 of the Texas Government Code. In such event, the Board President will announce the applicable Government Code Section prior to the Board going into Closed Session.
1. Meeting called to order A. Roll call and recording of Board Members present B. Declaration of quorum present. C. Recording of Superintendent and staff members present. 2. Public Comment –Members of the Public may email: [email protected] to register to speak by providing name, phone number, and the item, if any, which they wish to speak. Registration shall be sent by 5:00 p.m. July 20, 2020. The meeting shall begin at 6:15 p.m. After the meeting begins, each registrant will be invited to speak. Each person must be available to speak when asked or will lose their opportunity to address the Board. Three- minute maximum per speaker. Citizens are offered an opportunity to address the Board without prior approval. The Board President will have the discretion to reduce the time allotment and limit the total number of speakers in order to ensure that the meeting is orderly and managed within technological capabilities. The topics addressed shall be limited to those specifically included on the board’s agenda and/or district related. The Board will not comment or engage in discussion. Presentations shall be informative only - no Board
1 July 20, 2020 action will be taken. Presentations shall not include statements which may be considered defamatory, inflammatory, and/or threatening, against a person or the District; and speakers shall not mention student names unless naming your own child, nor address a complaint against a District employee or officer. Such complaints will be handled through the guidelines set out in District Policy. At all other times, members of the public shall not enter into any discussion or debate on matters being considered by the Board. The Board shall not tolerate disruption of the meeting by members of the audience. If, after at least one warning from the presiding officer, any individual continues to disrupt the meeting by his or her words or actions, the presiding officer may request assistance from law enforcement officials to have the individual removed from the meeting. 3. Annoucements A. Retirement Ceremony Video 4. The Board will be reorganized for the 2020-2021 school year. 5. Information and Discussion Items A. Instructional Continuity: Back to School Plan Presentation B. Meal Distribution Update 6 6. Consent A. Approve the June 15, 24, 2020 board meeting minutes. 7 B. Approve the renewal of the MOUs/Contracts/Agreements for the 2020-2021 school year 11 for the following agencies/vendors: Ellevation (in the amount of $24,692.25 out of Local funds) Imagine Learning (ESL) (in the amount of $60,000 from Federal funds) C. Approve the Advanced Classes for “No Pass, No Play” for the 2020-2021 school year. 12 D. Approve the Waiver of the Instructional Materials Inventory Requirement due to 14 COVID19. E. Approve the Student Code of Conduct for the 2020-2021 school year. 15 F. Report gift(s) accepted on behalf of the Board per policy CDC (Local) for a total value of 52 $10,820. G. Consider and take appropriate action regarding the budget amendments to the General 54 Fund, and the General Fund’s sub-fund of Donations for the 2020-21 fiscal year in various amounts. H. Consider and take appropriate action on the request to approve the memorandum of 57 understanding for recovery support services with Jewish Family Services as budgeted from Title IV grant funds in the amount of $134,700. I. Consider and take appropriate action on the request to award RFP 200004 for McCollum 58 High School band uniforms as budgeted in the General Fund in the amount of $247,770. J. Consider and take appropriate action on the request to continue a service agreement with 59 National Roofing Partners (NRP) for roof consulting, roof assessments, site inspections, and project oversight of District roofing repairs and/or replacements through Omnia Partners purchasing cooperative (Contract # R180901) as provided for in the Settlement Fund in the amount of $80,000.
2 July 20, 2020 K. Consider and take appropriate action on the request to approve the purchase and 60 installation of playground equipment and canopy for Bellaire Elementary School through BuyBoard contract #592-19 and the estimated appropriation of $114,000 from the General Fund fund balance. L. Approve the 2020-2021 T-TESS Appraisal Calendar for the Texas Teacher Evaluation 61 and Support System. M. Approve the Teacher Evaluation and Support System (T-TESS) Appraisers for the 2020- 64 2021 school year. N. Approve the authorized signatories for service records and correspondence with the Texas 65 Education Agency for the 2020-2021 school year. O. The Board will be asked to consider and take possible action to delegate the authority to 66 the superintendent to issue School District Teaching Permits for non certified individuals being considered for positions in Noncore Academic Career and Technical Education courses in accordance with district policy DBA (Legal). 7. Individual Items A. Discussion and possible action regarding approval of letter from the Harlandale ISD 68 Board of Trustees to the Governor of Texas concerning opening of the 2020-2021 school year and COVID 19. B. The Board will be asked to consider and take possible action to rescind the designation of Harlandale ISD as a year-round system due to the rising numbers of COVID-19. C. The Board will be asked to approve a new start date for 2020-201 school year based on rescinding Harlandale ISD as a year round system designation. D. The Board will be asked to consider and take possible action to approve and adopt TASB 70 Policy BBE (Local) for first reading and action with waiver for second reading. 8. Convene in Closed Session as authorized by the Texas Government Code, Chapter 551, Sections 551.071 through 551.084. A. Discuss and take possible action on the recommended regular personnel report. (TGC 551.074). B. Consultation with attorney regarding status and legal issues pertaining to Jasmine Engineering vs Harlandale Independent School District, Cause No. 2018-CI-02459, In the District Court 407th Judicial District, Bexar County, Texas. (TGC 551.071) C. Deliberation regarding the mid-year review/evaluation of the Superintendent. (TGC 551.074) D. Consultation with attorney regarding the mid-year review/evaluation of the Superintendent. (TGC 551.071) 9. Convene in Open Session and take appropriate action on items discussed in Closed Session. 10. Adjourn
3 July 20, 2020 The notice for this meeting was posted on July 17, 2020 in compliance with the Texas Open Meetings Act as amended by Governor Gregg Abbott on March 16, 2020.
______Gerardo Soto Superintendent of Schools
4 July 20, 2020 HARLANDALE ISD CHILD NUTRITION MEALS DISTRIBUTION DURING COVID 19 SCHOOL CLOSURE
AEJOTUXY 1 SUMMARY OF MEALS SERVED BY SITE 2 Week 16 TOTALS FOR TOTALS FOR TOTALS FOR TOTALS FOR June 29‐ TOTALS FOR TOTAL BREAKFAST 3 BREAKFAST MARCH APRIL MAY JUNE July 3 JULY SERVED 4 HMS 1,258 1,350 1,941 1,132 245 245 5,926 5 TWMS 1,941 3,878 4,157 1,927 ‐ ‐ 11,903 6 LMS 1,345 3,383 4,317 2,752 731 731 12,528 7 KMS 1,367 ‐ ‐ ‐ ‐ ‐ 1,367 8 Adams ‐ 2,185 2,487 2,170 550 550 7,392 9 C.Bell ‐ 1,683 2,026 1,916 403 403 6,028 10 Bellaire ‐ 2,733 2,013 1,317 397 397 6,460 11 Col. Hts ‐ 1,554 1,672 1,073 320 320 4,619 Central Office / 12 Scheh Center ‐ 776 870 708 155 155 2,509 13 Gillette ‐ 3,653 3,544 2,068 ‐ ‐ 9,265 14 Gilbert ‐ 4,034 4,316 3,088 703 703 12,141 15 Morrill ‐ 2,171 2,335 1,652 341 341 6,499 16 Schulze ‐ 2,989 2,705 1,766 369 369 7,829 17 Rayburn ‐ 1,886 1,974 1,304 383 383 5,547 18 St. Flanders ‐ 2,473 2,596 1,510 405 405 6,984 19 Vestal ‐ 1,506 1,385 492 ‐ ‐ 3,383 20 Wright ‐ 1,092 1,067 940 ‐ ‐ 3,099 21 TOTAL 5,911 37,346 39,405 25,815 5,002 5,002 113,479 22 Week 16 TOTALS FOR TOTALS FOR TOTALS FOR TOTALS FOR June 29‐ TOTALS FOR TOTAL LUNCH 23 LUNCH MARCH APRIL MAY JUNE July 3 JULY SERVED 24 HMS 5,070 2,411 1,941 1,132 245 245 10,799 25 TWMS 6,121 5,330 4,157 1,927 ‐ ‐ 17,535 26 LMS 6,270 5,221 4,317 2,752 731 731 19,291 27 KMS 4,674 ‐ ‐ ‐ ‐ ‐ 4,674 28 Adams ‐ 2,185 2,487 2,170 550 550 7,392 29 C.Bell ‐ 1,683 2,026 1,916 403 403 6,028 30 Bellaire ‐ 2,733 2,013 1,317 397 397 6,460 31 Col. Hts ‐ 1,554 1,672 1,073 320 320 4,619 Central Office /Scheh 32 Ctr ‐ 776 870 708 155 155 2,509 33 Gillette ‐ 3,653 3,544 2,068 ‐ ‐ 9,265 34 Gilbert ‐ 4,034 4,316 3,088 703 703 12,141 35 Morrill ‐ 2,171 2,335 1,652 341 341 6,499 36 Schulze ‐ 2,989 2,705 1,766 369 369 7,829 37 Rayburn ‐ 1,886 1,974 1,304 383 383 5,547 38 St. Flanders ‐ 2,473 2,596 1,510 405 405 6,984 39 Vestal ‐ 1,506 1,385 492 ‐ ‐ 3,383 40 Wright ‐ 1,092 1,067 940 ‐ ‐ 3,099 41 TOTAL 22,135 41,697 39,405 25,815 5,002 5,002 134,054 42 Week 16 TOTAL MEALS TOTALS FOR TOTALS FOR TOTALS FOR TOTALS FOR June 29‐ TOTALS FOR TOTAL MEALS 43 SERVED MARCH APRIL MAY JUNE July 3 JULY SERVED 44 HMS 6,328 3,761 3,882 2,264 490 490 16,725 45 TWMS 8,062 9,208 8,314 3,854 ‐ ‐ 29,438 46 LMS 7,615 8,604 8,634 5,504 1,462 1,462 31,819 47 KMS 6,041 ‐ ‐ ‐ ‐ ‐ 6,041 48 Adams ‐ 4,370 4,974 4,340 1,100 1,100 14,784 49 C.Bell ‐ 3,366 4,052 3,832 806 806 12,056 50 Bellaire ‐ 5,466 4,026 2,634 794 794 12,920 51 Col. Hts ‐ 3,108 3,344 2,146 640 640 9,238 Central Office / 52 Scheh Center ‐ 1,552 1,740 1,416 310 310 5,018 53 Gillette ‐ 7,306 7,088 4,136 ‐ ‐ 18,530 54 Gilbert ‐ 8,068 8,632 6,176 1,406 1,406 24,282 55 Morrill ‐ 4,342 4,670 3,304 682 682 12,998 56 Sculze ‐ 5,978 5,410 3,532 738 738 15,658 57 Rayburn ‐ 3,772 3,948 2,608 766 766 11,094 58 St. Flanders ‐ 4,946 5,192 3,020 810 810 13,968 59 Vestal ‐ 3,012 2,770 984 ‐ ‐ 6,766 60 Wright ‐ 2,184 2,134 1,880 ‐ ‐ 6,198 61 TOTAL 28,046 79,043 78,810 51,630 10,004 10,004 247,533
H:\2COVID 19\Report CV GG Meal Service Participation SUMMARY 6
Harlandale Independent School District Board of Trustees Regular Call Board Meeting June 15, 2020
The Board of Trustees of the Harlandale Independent School District met for a Regular Call Board meeting on Monday, June 15, 2020 at Central Office PDC via video conference, 102 Genevieve, San Antonio, Texas 78214. Mr. Ricardo Moreno, President, called the meeting to order at 6:18 PM.
Roll Call: Mr. Ricardo Moreno, President; Mr. Juan Mancha, Vice President, Mr. Zeke Mendoza, Secretary, Ms. Christine Carrillo, Ms. Norma Cavazos, Ms. Elizabeth Limon, Ms. Elaine Anaya-Ortiz, Members. The Chair declared a quorum present. Also present was Dr. Judy Castleberry, TEA Conservator. Staff Present: Gerardo Soto, Superintendent; Richard Hernandez, Assist. Supt. for Business; Melissa Casey, Assist. Supt for Curriculum; Dr. Melinda Salinas, Exec. Dir. Human Resources, Kyle Blakeney, Exec. Dir. Operations; Albert Rosales, Public Information Officer, Blanche Diaz, Recorder. Robert “Woody” Wilson, Sanchez and Wilson attorney. Public hearing on proposed budget for the 2020-2021 fiscal year: Mr. Richard Hernandez, Assist. Supt. for Finance, presented the fund balance, student attendance trend, budget items, budget summary and tax rate. The proposed budget will be voted on later in the meeting. Information and discuss items: COVID-19 Goals and Progress Measures reports were given. Ms. Melissa Casey, Assistant Supt. for Instruction, updated the Extended School Year Programs for 2020 and answered board member questions. Mr. Hernandez reported the summer feeding meal distribution program began June 8th and the total of meals served since March is 185,899. Mr. Albert Tovar, Communications, reported the HISD programs marketing postcards campaign scheduled to be released in the next few weeks along with the PK registration information. Dr. Judy Castleberry, TEA Conservator, addressed the Corrective Action Plan, indicating that, where appropriate, training will be coordinated with Lone Star Governance training. Consent: Ms. Ortiz motioned to approve by consent items 5A through 5K and Ms. Carrillo seconded: A. May 18, 27, 2020 board meeting minutes B. renewal of the MOU/Contract/Agreement for the 2020-2021 school year for AVANCE (Parent Child Education Program), Communities in Schools (in School Services), Communities In Schools (21st Century grant), ACE Program XELLO (formally known as Career Cruising K-12), C. ELLA and ESL Textbooks/Instructional Materials for Adoption for Proclamation 2020 D. Waiver for 4th/7th grade students at risk of failing STAAR E. Waiver for ASVAB requirement for grades 10-12 for the 2019-2020 school year
10455 June 15, 2020
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F. Waiver for the Reading Instrument requirement for Kindergarten and 7th grade students for the 2020-2021 school year G. budget amendments to the General Fund for the 2019-20 fiscal year H. an order of the Board of Trustees of the Harlandale Independent School District authorizing the issuance of its “Fixed and Variable Rate Unlimited Tax Refunding Bonds, Series 2020”; levying a continuing direct annual ad valorem tax for the payment of the bonds; delegating authority to certain members of District staff to approve final terms of sale of the bonds; and authorizing other matters related to the foregoing I. missed school day state mandated waiver, due to Covid-19 from March 16, 2020 to June 4, 2020 J. partner with Government Service Purchasing Cooperative Schedule 70, Schedule 84, and any other authorized purchasing schedules with a Board Resolution K. award RFP 200005 for teacher of students with visual impairment services. Messrs. Mancha, Mendoza, Moreno, Ms. Carrillo, Ms. Cavazos, Ms. Limon, Ms. Ortiz voted in favor and the motion carried.
6A. Designate Harlandale ISD as a year-round system: Ms. Carrillo motioned to approve to designate Harlandale ISD as a year-round system and Ms. Limon seconded. After discussion, Ms. Carrillo, Ms. Cavazos, Ms. Limon, Ms. Ortiz, Messrs. Mancha, Mendoza, Moreno voted in favor and the motion carried. 6B. New start date for 2020-2021school year: Ms. Ortiz motioned to approve a new start date of August 5, 2020 for school year 2020-2021 based on year-round system designation and Ms. Cavazos seconded. Ms. Carrillo, Ms. Cavazos, Ms. Limon, Ms. Ortiz, Messrs. Mancha, Mendoza, Moreno voted in favor and the motion carried. Ms. Ortiz motioned to move agenda item 6D up before 6C and Mr. Mendoza seconded. All members present and voted in favor, the motion carried. 6D. Ms. Ortiz motioned to approve the budget for 2020-2021 fiscal year and Ms. Limon seconded. All members present and voted in favor, the motion carried. 6C. Changing the scope of the two law firms serving the District: Ms. Limon made a motion to amend 6C and approve Walsh Gallegos as General Counsel and all legal matters including pending for an RFQ effective immediately and Ms. Cavazos seconded. During discussion, Mr. Moreno made a substitute motion to designate Walsh Gallegos as General Counsel, Sanchez and Wilson for legal matters related to new construction and contingency contract related to insurance settlement, and pending a RFQ and Mr. Mendoza seconded. During discussion, Dr. Castleberry issued a directive to clarify this agenda item. She stated “In accordance with the TEA Code Section 39A.003 “The Board is directed to change the scope of the two law firms serving the district designating Walsh Gallegos Trevino Russo & Kyle, P.C. as General Council, responsible for all areas except designating Sanchez and Wilson, LLC to be responsible for legal matters related to new construction and contingency contract related to insurance settlement, effective immediately, and lasting through the 2020-2021 school year.”
10456 June 15, 2020
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Closed Session: Ms. Carrillo motioned to convene in closed session to discuss the following agenda items and Ms. Ortiz seconded: A. recommended Regular Personnel Report (TGC 551.074) B. Superintendent’s recommendation for Principal at Early College High School. (TGC 551.074) C. Superintendent’s recommendation for Principal at McCollum High School. (TGC 551.074) D. Superintendent's evaluation instrument or provide waiver of same. (TGC 551.074). Messrs. Mancha, Mendoza, Moreno, Ms. Carrillo, Ms. Cavazos, Ms. Limon, Ms. Ortiz voted in favor and the motion carried. The board convened in closed session at 8:36 PM. Open Session: At 9:34 PM the board reconvened in open session. Ms. Ortiz motioned to approve the regular personnel report and Ms. Carrillo seconded. All board members present voted in favor and the motion carried. Ms. Cavazos motioned to approve Mellicent Marcha as principal of Early College High School and Ms. Limon seconded. All board members present voted in favor and the motion carried. Mr. Moreno motioned to approve Ricardo Marroquin as principal for McCollum High School and Ms. Cavazos seconded. Ms. Carrillo, Ms. Cavazos, Ms. Limon, Messrs. Mancha, Mendoza, Moreno voted in favor; Ms. Ortiz abstained. The motion carried. Ms. Ortiz motioned for the board to consider waiving the superintendent’s evaluation instrument for the 2019-2020 school year and Ms. Carrillo seconded. All board members present voted in favor and the motion carried. Mr. Moreno stated that an evaluation would be done in due time. There being no further business, Ms. Carrillo motioned to adjourn and Ms. Limon seconded. All voted in favor and the meeting adjourned at 9:44 PM.
______Esequiel “Zeke” Mendoza, Secretary Ricardo Moreno, President
10457 June 15, 2020
9 Harlandale Independent School District Board Trustees Special Call Board Meeting June 24, 2020 The Board of Trustees of the Harlandale Independent School District met for a Special Call Board meeting on Wednesday, June 24, 2020 at Central Office PDC via video conference, 102 Genevieve, San Antonio, Texas 78214. Mr. Ricardo Moreno, President, called the meeting to order at 5:15 PM.
Roll Call: Mr. Ricardo Moreno, President; Mr. Juan Mancha, Vice President, Mr. Zeke Mendoza, Secretary, Ms. Christine Carrillo, Ms. Norma Cavazos, Ms. Elizabeth Limon, Members. The Chair declared a quorum present. Ms. Elaine Anaya-Ortiz was absent. Also present was Dr. Judy Castleberry, Conservator. Staff Present: Gerardo Soto, Superintendent; Richard Hernandez, Assist. Supt. for Business; Melissa Casey, Assist. Supt for Curriculum; Dr. Melinda Salinas, Exec. Dir. Human Resources, Kyle Blakeney, Exec. Dir. Operations; Blanche Diaz, Recorder. Tony Resendez, Walsh Gallegos, legal counsel. Ms. Carrillo motioned to approve the Renaissance Star as the universal screener for grades 2- 11 for math and reading for school year 2020-21 and Ms. Limon seconded. Messrs. Mancha, Mendoza, Moreno, Ms. Carrillo, Ms. Cavazos, Ms. Limon voted in favor and the motion carried. Closed Session: Ms. Carrillo motioned to convene in closed session to discuss items A through C and Mr. Mendoza seconded: A. Recommended Regular Personnel Report B. Superintendent’s recommendation for the appointment of a Principal at Harlandale Middle School C. Superintendent’s recommendation for the appointment of a Public Information Officer Messrs. Mancha, Mendoza, Moreno, Ms. Carrillo, Ms. Cavazos, Ms. Limon voted in favor and the motion carried. The board convened in closed session at 6:26 PM. Open Session: At 6:50 PM, the board reconvened in open session. Ms. Carrillo motioned to approve the regular personnel report and Mr. Mendoza seconded. Messrs. Mancha, Mendoza, Moreno, Ms. Carrillo, Ms. Cavazos, Ms. Limon voted in favor and the motion carried. Ms. Limon motioned to approve Dr. Juan Hinojosa as principal at Harlandale MS and Ms. Cavazos seconded. Messrs. Mancha, Mendoza, Moreno, Ms. Carrillo, Ms. Cavazos, Ms. Limon voted in favor and the motion carried. Ms. Cavazos motioned to approve Mariana Veraza as Public Information Officer and Ms. Limon seconded. Messrs. Mancha, Mendoza, Moreno, Ms. Carrillo, Ms. Cavazos, Ms. Limon voted in favor and the motion carried. Ms. Carrillo motioned to adjourn, Ms. Limon seconded, and all members voted in favor. The meeting adjourned at 6:56 PM.
______Esequiel “Zeke” Mendoza, Secretary Ricardo Moreno, President
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HARLANDALE ISD
TO: Members of the Board
FROM: Melissa Casey, Assistant Superintendent of Curriculum & Instruction
PRESENTER: Melissa Casey, Assistant Superintendent of Curriculum & Instruction
MEETING DATE: July 20, 2020
SUBJECT: Approve the renewal of the MOUS/Contracts/Agreements for the 2020-2021 school year for the following agencies/vendors.
The Board will be asked to approve the renewal of the MOUs/Contracts/Agreements for the 2020-2021 school year for the following agencies/vendors:
Ellevation: Web-based software platform provides a system which teachers and administrators can review a student’s proficiency level, accommodations, monitor ELL status, review data, set goals. This platform also allows us to conduct and document LPAC meetings electronically. Ellevation also has a teacher platform designed for classroom teachers and allows educators quick, at-a-glance information about their ELLs and Monitored students. It includes students’ English language assessment results, proficiency level descriptions, and the accommodations, services and goals set by the ELL team. Ellevation also enables classroom teachers to enter Monitoring recommendations and share notes on how their ELLs are performing with the rest of the student’s team. The cost to the district is $24,692.25 funded through local funds. (Renewal)
Imagine Learning: Is a blended learning program that is research-based, TEKS•aligned curriculum that builds core literacy and academic language skills, engaging content facilitates listening, speaking, reading, and writing with authentic Spanish. Excellent resources for whole, small groups, and blended learning through culturally responsive content specifically designed for young learners. This program will target ELL students to build literacy and academic language skills. This program will be implemented during the 2020-2021 regular school year in addition to summer 2021. The cost is $60,000 utilizing Federal funds (Buy Board purchasing cooperative contract #573-18). (Renewal)
Superintendent’s Recommendation: X Approved Rejected
______Gerardo Soto, Superintendent
11
HARLANDALE ISD
TO: Members of the Board
FROM: Melissa Casey, Assistant Superintendent of Curriculum & Instruction
PRESENTER: Melissa Casey, Assistant Superintendent of Curriculum & Instruction
MEETING DATE: July 20, 2020
SUBJECT: Identification of Advanced Classes for the “No Pass, No Play” 2020-2021
Eligibility for participation in UIL activities is detailed by UIL guidelines. It further dictates a district's responsibility in regards to advanced courses. Districts must adopt policies on eligibility for advanced classes. Pre-Advanced Placement, Advanced Placement, dual credit, and dual enrollment courses are eligible for exemption as noted in Section 33.081 of the Texas Education Code. District may also identify additional courses. The proposed “No Pass, No Play” has been modified with changes from the 2019-2020 due to the addition of advanced courses at the campuses. The attached proposal includes advanced coursework for the 2020-2021 school year.
Superintendent’s Recommendation: X Approved Rejected
______Gerardo Soto, Superintendent
12 Advanced Classes for the “No Pass, No Play” 2020-2021 Exemption Harlandale High School, McCollum High School, & STEM Early College High School The following advanced courses offered at Harlandale, McCollum High School, and STEM ECHS will be exempt from determining if students are eligible to participate using the No Pass, No-Play rule for the 2020-2021 year. Mathematics Science Social Studies Career and Technology ALG 1 8TH GT (8385) PHYSICS GT (3717) US HISTORY AP (4018) ECHS HUMA 1301 (1700) ALG 1 8TH PREAP (2504) ECHS PHYSIC PAP (3718) US HISTORY DC (4019) AP COMPSCI PRIN (2977) ALGEBRA 1 GT (2517) BIOLOGY GT (3317) W HISTORY AP (4219) ECHS COSC 1336 (2982) ALGEBRA 1 PREAP (2518) BIOLOGY PRE AP (3318) WORLD HIST DC (4220) ECHS COSC 1437 (2983) ECHS ALGEBRA 1 (2519) ECHS BIOLOGY (3319) ECHS WORLD HIST (4221) ECHS COSC 2436 (2984) GEOMETRY GT (2747) BIOLOGY AP (3338) US GOVT GT (4317) ECHS BIOL 1411 (3940) GEOMETRY PRE AP (2748) UTSA AP BIO DC (3339) US GOVERNMNT AP (4318) ECHS EDUC 1300 (9260) ALGEBRA 2 GT (2827) ECHS BIO 1406 (3341) US GOVERNMNT DC (4319) ECHS CRIJ 1301 (9370) ALGEBRA 2 PREAP (2828) ECHS BIO 1407 (3342) ECONOMICS AP GT (4917) ECHS ENGR-1201 (9580) ONRAMP ALG2 A (2850) CHEMISTRY GT (3517) ECONOMICS AP (4918) ECHS ENGR 1304 (9581) ONRAMP ALG2 B (2851) CHEMISTRY PREAP (3518) ECONOMICS DC (4919) ECHS ENGR 2301 (9582) ALG2 PREAP B (2852) CHEMISTRY AP/DC (3519) ECHS HIST 1301 (4021) ECHS ACCT 2301 (9730) PRE CALCULUS GT (2907) CHEMISTRY AP (3528) ECHS HIST 1302 (4022) PRAC CULARTS DC (9282) PRE CALCULUS PA (2908) ECHS CHEM 1405 (3529) HUMAN GEO AP (4108) LAW ENFORCE 1DC (9369) PRE CALCULUS DC (2909) ECHS CHEM 1411 (3530) WORLDGEOG PREAP (4118) LAW ENFORCE 2DC (9400) ECHS MATH 1414 (2911) ECHS CHEM 1412 (3531) ECHS GEOG 1301 (4200) AIRCRAFT TECHDC (9419) ECHS MATH 2412 (2912) PHYSICS 1 AP (3729) EURO HISTORY AP (4228) INT AIR TECH DC (9420) PRECAL ONRAMP A (2913) PHYSICS 2 AP (3730) ECHS USGOVT2305 (4321) ADV AUTOTEC DC (9424) PRECAL ONRAMP B (2914) PHYSICS AP MECH (3800) ECHS TXGOVT2306 (4325) ADV AIR TECH DC (9429) PRECAL PREAP B (2915) PHYSICS ONRAMPS (3810) PSYCHOLOGY DC (4409) ENERGY POWER DC (9430) STATISTICS AP (2918) PHYSICS2 ONRAMP (3811) ECHS PSYCH 2314 (4414) PRAC TRANSYS DC (9436) CALCULUS AB AP (2928) ENVIRON SCI AP (3928) ECHS PSYC 2301 (4417) DIESEL TECH 1DC (9445) CALCULUS BC AP (2938) ECHS GEOL 1301 (3939) ECHS ECON 2301 (4922) DIESEL TECH 2DC (9446) ECHS MATH 2413 (2951) ANAT & PHYS DC (3948) MANAGE TRANS DC (9450) ECHS MATH 2414 (2952) ECHS HUMA 1305 (4401) Fine Arts PRCM METAL M DC (9458) COMPUTER SCI AP (2981) PSYCHOLOGY AP (4418) AP ARTSTUDIO 2D (7158) ENGINE TECH 1DC (9460) ECHS PSYC 2319 (4419) ECHS DRAM 1310 (7214) ENGINE TECH 2DC (9461) English ECHS SOCI 1301 (4429) ECHS MUSI 1306 (7821) PRAC MANUF DC (9483) ENGLISH 1 GT (1137) ECHS ARTS 1301 (7822) PRAC INF TEC DC (9502) ENGLISH 1 PREAP (1138) LOTE COMP PROG 2 DC (9505) ECHS ENGLISH 1 (1139) SPANISH3 PRE AP (5038) Seminar/Research METAL MANUF 2DC (9549) ENGLISH 2 GT (1237) SPANISH 4 AP (5048) ECHS AP SEMINAR (1998) WEB TECHNO DC (9557) ENGLISH 2 PREAP (1238) SPANISH 5 AP (5049) ECHS APRESEARCH (1999) NETWORKING DC (9562) ECHS ENGL 1301 (1301) ECHS SPAN LIT (5050) COMP PROGRAM DC (9564) ECHS ENGL 1302 (1302) FRENCH 3 PREAP (5241) CYBERSEC DC (9566) ECHS ENGL 2322 (1322) FRENCH 4 AP (5251) COMPTR MAINT DC (9568) ECHS ENGL 2323 (1323) COMPTECH PRACDC (9569) AP LANG & COMP (1338) ECHS SPCH 1315 (9586) ENGLISH 3 DC (1339) PRAC AV PRO DC (9594) AP LITERATURE (1438) ADV A/V PRO DC (9601) ENGLISH 4 DC (1439) ECHS COSC 1301 (9657) INDENG ETHIC DC (1596) ACCOUNTING 1 DC (9729) ACCOUNTING 2 DC (9739) PATHOPHYSIOL DC (9801) MED TERM DC (9802) MED MICRO DC (9841)
13
HARLANDALE ISD
TO: Members of the Board
FROM: Melissa Casey, Assistant Superintendent of Curriculum & Instruction
PRESENTER: Melissa Casey, Assistant Superintendent of Curriculum & Instruction
MEETING DATE: July 20, 2020
SUBJECT: Approval of Waiver for Harlandale High School Textbook inventory
School districts are required to conduct an annual physical inventory of all currently adopted instructional materials that have been requisitioned by, and delivered to, the district and maintain results of the inventory in the district's files. If a district or charter school did not complete the inventory before school buildings were closed, the school district or charter should request a waiver of the requirement from the Commissioner. Due to COVID-19 related issues TEA has created a waiver for schools that were not able to complete the annual inventory before the campus was closed. Harlandale High School is requesting school board approval for its textbook inventory. This waiver must be approved by our HISD Board of Trustees. Harlandale HS will be completing their inventory when they return to campus in late July.
The Board is asked to approve the recommended textbook inventory waiver.
Superintendent’s Recommendation: X Approved Rejected
______Gerardo Soto, Superintendent
14
HARLANDALE ISD
TO: Members of the Board
FROM: Melissa Casey, Assistant Superintendent of Curriculum & Instruction
PRESENTER: Melissa Casey, Assistant Superintendent of Curriculum & Instruction
MEETING DATE: July 20, 2020
SUBJECT: Student Code of Conduct for the 2020-21 school year
The Board is asked to approve the Harlandale ISD’s Student Code of Conduct for the 2020-2021 school year.
The Student Code of Conduct is Harlandale ISD’s specific response to requirements of Chapter 37 of the Texas Education Code. The Code provides methods and options for managing students in the classroom and on school grounds, disciplining students, and preventing and intervening in student discipline problems. The law requires the District to define misconduct that may or must result in a range of specific disciplinary consequences including removal from a regular classroom or campus, suspension, placement in a disciplinary alternative education program (DAEP), or expulsion from school.
Superintendent’s Recommendation: X Approved Rejected
______Gerardo Soto, Superintendent
15
Harlandale ISD
Student Code of Conduct
2020-2021
1 16 Dear Parent/Guardian:
This Student Code of Conduct provides information regarding expectations for student behavior and consequences for misconduct. Please read and review the information in the Student Code of Conduct with your student so that you have a clear understanding of its content. Once you and your student have reviewed the Student Code of Conduct, please sign the acknowledgment form listed below and return it to your homeroom teacher. Please contact your student's teacher or campus administrator if you have any questions about the Code.
Harlandale ISD 2020-2021 Student Code of Conduct Acknowledgment Form
Student Name: ______
School Campus: ______Grade Level: ______
I have read, understand, and agree to abide by the Harlandale ISD Student Code of Conduct for the 2020-2021 school year. I understand that ______(student name) will be held accountable for the behavior expectations and disciplinary consequences outlined in the Student Code of Conduct. I understand that the Student Code of Conduct governs all behavior at school, at school-sponsored and school-related activities, during school-related travel, or while traveling in a vehicle owned or operated by the District. I also understand the Student Code of Conduct governs some designated behaviors occurring within 300 feet of school property, some designated behaviors occurring off-campus, including certain electronic communications and postings, and any school-related misconduct regardless of time or location. I understand that a referral for criminal prosecution is possible for certain violations of law.
______
Parent/Guardian Printed Name Student Printed Name
______
Parent/Guardian Signature Student Signature
______
Date Date
2 17 Table of Contents
General Overview ...... 4 In-School Suspension (ISS) ...... 17 Purpose Reasons for ISS Additional Rules Procedure for ISS General Standards of Student Conduct Out-of-School Suspension (OSS) ...... 17 Notice of Disciplinary Action Reasons for OSS Anti-Discrimination Procedure for OSS Discipline of Students with Special Assignments During ISS and OSS Needs Grade Level and Other Restrictions Discipline Appeals on Suspension Effect of Student Withdrawal Disciplinary Alternative Education ...... 18 Scope of the District's Disciplinary ...... 5 Program (DAEP) Authority Reasons for Mandatory DAEP General Authority Placement Searches Reasons for Discretionary DAEP Criminal Conduct Placement Emergency DAEP Placement Discipline Considerations & Techniques . . 7 Procedure for DAEP Placement Discipline Considerations Length of DAEP Placement Discipline Management Techniques Particular Rules for Registered Sex Offenders General Types of Prohibited Conduct . . . . . 10 Other DAEP Issues Misconduct Involving Others Possessing, Using, Giving, Selling, Expulsion ...... 24 or Buying Prohibited Items Reasons for Mandatory Expulsion Misuse of Property Reasons for Discretionary Safety / Disruption Expulsion Technology Emergency Expulsion Failure to Follow Rules Procedure for Expulsion Other Misconduct Length of Expulsion Other Expulsion Issues Removal from District Transportation . . . . 15 Expulsion Appeals Reasons for Removal Procedure for Removal Definitions ...... 29
Removal from Classroom by Teacher . . . . . 16 Index ...... 35 Ordinary Teacher Removal Formal Teacher Removal Placement During Removal Procedures for Teacher Removal Return to the Classroom
3 18 General Overview
Purpose The Board of Trustees adopted this Student Code of Conduct (SCC) to promote a safe, secure, and optimal learning environment for all students. Inside you will find information regarding:
• The District-wide discipline management plan,
• A description of prohibited conduct,
• The disciplinary options, methods, and consequences for preventing and addressing student misconduct, and
• The process the District will follow when administering disciplinary consequences.
In the case of conflict between administrative regulations and policy, policy will prevail. [See BP(Local)]
Additional Rules Students may be subject to campus, classroom, transportation, extracurricular, and/or organization rules in addition to those found in the SCC. Students may face consequences under these additional rules as well as possible disciplinary action under the SCC. Further, to the extent a student engages in misconduct that is not specifically addressed in the SCC, the student may still be disciplined if the misconduct threatens students or staff or disrupts or interferes with the educational process, learning environment, or school safety.
General Standards of In order to promote a positive educational experience for all students, the District expects Student Conduct students to adhere to seven basic standards of conduct: (1) exercise self-control, self-respect, and self-discipline, (2) demonstrate a positive attitude, (3) respect the rights and feelings of others, (4) respect school property and the property of others, (5) support the learning process, (6) adhere to rules, and (7) promote a safe environment that does not threaten school safety. Because of significant variations in student conduct, it is not always possible for the SCC to address each and every act of student misbehavior. To that end, the District retains discretion to address student misconduct that is inconsistent with these seven standards even though the conduct may not be specifically included in the SCC.
Notice of Teachers and administrators strive to notify parents/guardians of student conduct concerns as Disciplinary Action they occur. If a student is placed in in-school or out-of-school suspension, placed in a disciplinary alternative education program, expelled from school, assigned to a juvenile justice alternative education program, or taken into custody by a law enforcement officer, the campus behavior coordinator will promptly contact the parent/guardian by phone or in person and will also make a good faith effort to provide the student with written notice of the disciplinary action to be delivered to the parent/guardian on the same day the consequence is assigned or recommended. If the parent/guardian is not reached by phone or in person by 5:00 p.m. on the first business day after the disciplinary consequence is assigned or recommended, written notice will be sent to the parent's/guardian's last known address. Another campus administrator may provide notice of disciplinary action if the campus behavior coordinator is not able or available to provide notice. Failure to send any notice within this time period or as noted elsewhere in the SCC does not preclude imposing a discipline consequence. A school district that receives a bomb threat or terroristic threat relating to a campus or other district facility at which students are present shall provide notification of the threat as soon as possible to the parent(s), guardian(s), or other person(s) standing in parental relation to each student who is assigned to the campus or who regularly uses the facility.
Anti-Discrimination The District does not discriminate against students on the basis of race, sex, national origin, disability, religion, color, or ethnicity when enforcing the provisions of the SCC.
Discipline of This Code of Conduct applies to all students. However, when enforcing its Code of Conduct, the
4 19 Students with District will comply with federal and state laws pertaining to students with disabilities. For more Special Needs information about those specific procedures, please contact Mrs. Della Taylor, Director of Special Education, (210) 989-5255 or email: [email protected]
Discipline Appeals Appeals of disciplinary measures should be directed to the student's teacher or campus administrator, as described in local District policies FNG, FOC, or FOD as appropriate. Depending on the disciplinary consequence assigned, different complaint procedures may apply. A copy of the appropriate policy is available at the campus or central administration office or online at http://www.harlandale.net. Please note that the email address and dedicated phone number of the campus behavior coordinator or campus administrator responsible for student discipline is listed on the campus homepage. Timelines for filing appeals stated in the policy will be enforced. Disciplinary consequences will not be delayed or deferred pending the outcome of an appeal.
Effect of Student Withdrawal from school after a student has been accused of a violation of the SCC will not Withdrawal prevent the District from investigating the alleged violation and, if it is determined that a violation did occur, assessing the appropriate disciplinary consequence and enforcing that consequence should the student re-enroll in the District.
Scope of the District's Disciplinary Authority
General Authority In addition to the disciplinary authority established for certain types of offenses as described within the SCC, the District has general disciplinary authority over a student at the following times:
• At any time during the school day
• While traveling on District owned or operated transportation or during school-related travel
• While attending any school-sponsored or school-related activity, regardless of time or location
• As provided in extracurricular or organization handbooks, by-laws, constitutions, or other guidelines
• During lunch periods, including those in which a student leaves the campus
• While on school property
• For any school-related misconduct, regardless of time or location
• Other off campus conduct as permitted and defined by Chapter 37 of the Texas Education Code, including cyberbullying
• For certain offenses committed within 300 feet of school property as measured from any point on the school’s real property boundary line
• For certain offenses against other students and school employees, regardless of time or location
• If the student is a registered sex offender
Searches A student's clothing, personal property, electronic equipment, method of transportation, or school property used by the student (such as lockers or desks) may be searched when there is reasonable cause to believe the search will reveal articles or materials prohibited by the District or other violations of school rules. Students are responsible for ensuring that any personal
5 20 property, method of transportation, or school property used by the student does not contain prohibited items. Students may be disciplined for possession of prohibited items discovered during a search. For more information about searches, please review the District's Student Handbook and policy FNF. (Local)
• Vehicles may be searched if reasonable suspicion exists to believe the search will result in evidence that school rules or other laws have been violated. Students shall be responsible for any prohibited items found in their lockers, possession, or vehicles while on school property or at school-sponsored or school-related activities. If a vehicle subject to search is locked, the student shall be asked to unlock the vehicle. If the student refuses to permit the vehicle to be searched, the District may contact local law enforcement officials
• Lockers and desks are the property of the Harlandale Independent School District and are subject to inspection/search. Inspections of lockers may be conducted by school authorities for any reason at any time, without notice, without student consent, and without a search warrant
• Students who leave campus without authorization and return are subject to an administrative search. A vehicle that is used to transport students on or off campus without authorization is subject to an administrative search. Students who are observed in an unauthorized area during school hours are subject to an administrative search. In some instances the administrator may deem it necessary to use a metal detector as part of the search.
Questioning of Students
Administrators, teachers, and other professional personnel may question a student regarding the student's own conduct or the conduct of others. In the context of school discipline, students have no claim to the right not to incriminate themselves. Students are expected to provide any information about their conduct or that of other students. Administrators are not required to contact parents/guardians prior to interviewing or searching students. School officials may search the student,desk,locker,vehicle,or repository, such as any book bag, gym basket, vehicle, purse, supply packets, telecommunications devices, or anything that contains the student's personal effects by establishing reasonable suspicion or securing the student's voluntary consent
Criminal Conduct School administrators will report crimes as required by law and may contact local law enforcement regarding suspected criminal activity. Certain acts of misconduct may constitute criminal offenses in addition to violations of the SCC. Because school discipline is independent of criminal proceedings, disciplinary consequences may not be postponed pending the outcome of any criminal proceeding or affected by the outcome of any criminal proceeding.
Finally, as the District expects its students to adhere to certain standards of conduct, the District also expects that parents of our students and other visitors will comply with similar standards of conduct and civility expected of our students. Accordingly, a school administrator, resource officer, or school district peace officer may refuse to allow a person to enter or may eject a person from any property under the control of the school district if the person refuses to leave peaceably upon request, and 1) the person poses a substantial risk of harm to themselves or others, or 2) is behaving in a way that is inappropriate for a school setting. A person behaving inappropriately for a school setting may be removed if, prior to the person being removed from District property, 1) the school employee issued a verbal warning that the behavior was inappropriate and could lead to the person's removal of the individual and 2) the person persisted in the behavior. Any person removed from District property may appeal such removal under Board policy FNG (Local) or (GF) (Local) and shall be permitted to address the Board in person within 90 days of filing the initial complaint, unless the complaint is resolved before the Board considers it.
6 21 Discipline Considerations & Techniques
Discipline Using their professional judgment, campus behavior coordinators will consider a variety of Considerations factors when administering disciplinary consequences and determining the duration of the consequence, including but not limited to:
• the degree of severity and risk of danger
• the effect of the misconduct
• the age and grade level of the student
• legal requirements
• the frequency of the misconduct
• the student’s demeanor
• the possibility of disruption of the school environment
When deciding to order a student to out-of-school suspension, DAEP placement, expulsion, or placement in JJAEP the District will consider: (1) self-defense (see definitions), (2) the student's intent (see definitions) or lack of intent at the time of the misconduct, (3) the student's disciplinary history, (4) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct to the extent required by state and federal law, (5) a student's status in the conservatorship of the Department of Family and Protective Services and (6) a student's status as homeless. These factors will be taken into consideration regardless of whether it is a discretionary or mandatory disciplinary consequence.
A student who, upon investigation, is found to be subject to bullying(see definitions) will not be disciplined on the basis of using reasonable self-defense (see definitions) in response to the bullying, as determined by the campus administration.
The District will also establish a "threat assessment and safe and supportive school team" to serve at each campus of the district and will adopt policies and procedures for the teams. The team is responsible for developing and implementing the safe and supportive school program, as well as conducting threat assessments. These will include assessing and reporting individuals who make threats of violence or exhibit harmful, threatening, or violent behavior, gathering and analyzing data to determine the level of risk and appropriate intervention (including referring a student for mental health assessment and implementing an escalation procedure, if appropriate based on the team's assessment), and providing guidance to students and school employees on recognizing harmful, threatening, or violent behavior that may pose a threat to the community, school, or individual.
• Finally, the Harlandale ISD Police Department are important members of the District safety team. State law requires that the job duties of the peace officers and school resource officers be listed in the District Student Code of Conduct. Harlandale ISD Police officers have the authority to:
• Enforce all applicable sections of the Texas Education Code.
• Prevent and investigate violations of law, ordinances, or district policy that occur on district property, at school zones and bus stops, or at district functions; that involve District vehicles or buses; or that involve offenses against the District or against district employees or board members in their capacity as district employees or Board members.
7 22 • Serve search warrants in connection with district-related investigations and arrest warrants in compliance with the Texas Code of Criminal Procedures.
• Take juveniles into custody as provided by the Texas Family Code
• Arrest suspects consistent with state and federal statutory and constitutional standards governing arrests, including arrests without warrant for offenses that occur in the officer's presence or under the other rules set out in the Texas Code of Criminal Procedure.
• Patrol streets within the district in connection with the performance of duties provided by this policy.
• Engage in activities and programs approved by the Superintendent or designee designed to prevent or deter crimes against District property or District employees, students, and visitors.
• Carry weapons as directed by the Chief of Police and approved by the Superintendent.
• Assist in providing traffic and parking control at athletic events, at school closings and openings, or at any other time deemed necessary by the Superintendent or designee to ensure the safety and welfare of students, staff and district patrons.
• Enforce laws relating to the safe operation of school buses.
• Where appropriate, coordinate and cooperate with commissioned officers of all other law enforcement agencies in the enforcement of this policy.
• Investigate violations of district rules and regulations as requested by district administration and participate in administrative hearings concerning the alleged violations.
• Participate in judicial proceedings.
• Enforce all laws, including municipal ordinances, county ordinances, and state laws within another law enforcement agency's jurisdiction while temporarily assigned to that agency.
• HISD will comply with FERPA as is allows for Local Law Enforcement access to FERPA records if there is a legitimate educational interest; a subpoena; court order; used to provide services to the student or family; or consent of the students and parents.
All police related offenses filed by HISD Police Department may be adjudicated by the City of San Antonio Municipal Courts and Bexar County Courts at Law. The Harlandale Independent School District has also established a SAFE LINE where any community member can call and report any FRAUD, neighborhood vandalism, bullying, or any citizen and student concerns, and remain anonymous. The number is 210-932-SAFE or 210-932-7233.
Discipline Discipline is designed to correct student behavior and encourage students to comply with school Management rules. The District may use any one or a combination of the following strategies or techniques to Techniques manage student behavior, prevent or intervene in discipline problems, or address violations of the SCC or campus or classroom rules:
• Verbal correction
• Seating changes
• Parent conferences
8 23 • Removal from the classroom
• Sending the student to the office or other area
• Transfer to a different classroom or campus
• Assignment to an alternate setting
• Behavior modification contracts or improvement plans
• Assignment of school-related tasks, services, or duties
• Confiscation of items
• School probation
• Revocation of interdistrict transfer, as permitted by state law or local DOI Plan, if applicable
• Restitution or restoration
• Calming-down time
• Demerits or rewards
• Restorative practices
• Positive behavior interventions
• Mediation
• Peer mentoring
• Training in conflict management, social skills, managing emotions, and impulse control
• Loss or restriction of privileges, including participation or membership in co-curricular or extracurricular activities, seeking or holding honorary positions, or speaking at school activities
• Revocation of transportation privileges
• Counseling
• After School Detention
• Consequences identified in co-curricular or extracurricular codes of conduct, constitutions, by- laws, or other guidelines
• In-school suspension
• Out-of-school suspension
• Disciplinary Alternative Education Program (DAEP)
9 24 • Expulsion
• Other methods and consequences as stated in the SCC
State law includes a list of prohibited "aversive" disciplinary techniques, defined as those "intended to reduce the likelihood of a behavior reoccurring by intentionally inflicting on a student significant physical or emotional discomfort or pain". While school districts may still utilize corporal punishment or legally permissible restraints, all other techniques listed in this statute are explicitly prohibited and will not be utilized.
General Types of Prohibited Conduct
Misconduct Involving Misconduct identified in the list of prohibited behaviors below will result in the assignment of Others one or more “Discipline Management Techniques” if the behavior is committed at school, a school-sponsored or school-related activity, during school-related travel, while traveling on District owned or operated transportation, or when the District has “Disciplinary Authority” as described in the SCC.
• Horseplay, roughhousing, and other playful behavior that, though not intended to harm, presents a reasonable risk of harm, threatens the safety of others, or actually causes injury to others
• Fighting(see definitions) or scuffling that may or may not result in physical pain, illness, or any impairment of a physical condition
• Engaging in conduct that can or does cause bodily injury (see definitions)
• Forcing an unwilling person to act or not act or obtaining money or another object of value from an unwilling person through duress, threats, force, extortion, coercion, or blackmail
• Subjecting a student or District employee, official, or volunteer to physical harm, confinement or restraint
• Bullying, including cyberbullying (see definitions)
• Name-calling, ethnic or racial slurs, or derogatory statements that school employees reasonably believe could substantially disrupt the school environment or incite violence
• Adding any substance, whether harmful or not, without permission to any food or beverages belonging to, in the possession of, or meant to be consumed by another student or District employee, official, or volunteer
• Engaging in harassment (see definitions) toward another student or a District employee, official, or volunteer, including harassment based on race, color, religion, national origin, disability, sex, gender, or age
• Engaging in sexual harassment (see definitions) or sexual abuse
• Releasing or threatening to release intimate visual material of a minor or a student who is 18 years of age or older without the student's consent.
• Inappropriate verbal (oral or written), physical, or sexual contact toward another student or a District employee, official, or volunteer, regardless of whether it is consensual
• Touching one's own private body parts in a sexual manner 10 25 • Consensual hugging, touching, or other displays of affection that interfere with, detract from, or disrupt the school environment
• Engaging in physical, sexual, verbal, or emotional abuse as a means to harm, threaten, intimidate, or control another person in a current or past dating relationship
• Engaging in oral or written threats to cause harm or bodily injury (see definitions) to another student, a District employee, official, or volunteer, or school property, including threats made using the Internet or other technology resources at school. Students may be disciplined for threats made outside of school, including website or Internet postings, if the threat causes a material or substantial disruption at school or is reasonably forecast to cause one
• Engaging in oral or written threats of any kind of violence or violent acts
• Wrongfully obtaining and using another person’s identifying information or personal data without permission in order to mislead, defraud, or deceive
• Hazing (see definitions)
• Retaliating against a student for (1) reporting either a violation of the SCC or bullying, or (2) participating in an investigation of a violation of the SCC or bullying
Possessing, Using, • Matches or a lighter Giving, Selling, or Buying Prohibited Items
• Tobacco products
• Electronic cigarettes(see definitions), electronic vaping devices, personal vaporizers, electronic nicotine delivery systems or paraphernalia, including but not limited to Juul and Juul pods, or vials, cartridges, or “pens” with liquid or other types of material for use in such devices
• Fireworks or any other pyrotechnic device
• Smoke or stink bombs
• Laser pointers (unauthorized use)
• Pepper spray or other small chemical dispenser sold commercially for personal protection
• “Look-alike” drugs or items attempted to be passed off as drugs, including non-prescription drugs, medications, or herbal or dietary supplements except as permitted by District policy
• Prescription drugs except as permitted by District policy
• Razor blades, box cutters, or chains
• Knives with a blade 5½ inches or less
• Hand instrument designed to cut or stab another by being thrown; including, but not limited to, a dirk, stiletto, dagger, poniard, bowie knife, sword, or spear.
11 26 • Fake or “look-alike” weapons
• Poisons, caustic acids, or other materials that may be toxic to the human body
• BB gun, air gun, or stun gun
• Ammunition, shells, bullets, or gunpowder
• Clubs, knuckles, or similar dangerous weapons
• Material that is sexually-oriented, pornographic, obscene, or reveals a person’s private body parts
• Material, including published or electronic items, that promotes or encourages illegal behavior or could threaten school safety
• Articles not generally considered to be weapons when the administrator determines that a danger exists or when used in a way that threatens or inflicts bodily injury to another
• CD or DVD players, cassette players, electronic games, MP3 players, stereo head sets, or other electronic equipment for other than approved use
Cell phones must be turned off during the instructional day, including during all testing. Cell phones that ring or are utilized during the hours designated as the campus instructional day or designated instructional time outside the school day shall be confiscated. The district or its employees shall neither be responsible for nor investigate any damage, theft or loss of cell phones or electronic items including those confiscated for violation of Board Policy. Confiscated cell phones or electronics shall be released only to the parent of the student from whom it was confiscated. SEE BELOW:
Cell Phones
• Elementary Schools 1st offense: Warning and parent contact. 2nd offense: $15 fine and parent contact.
• Middle Schools 1st offense: Warning, parent contact, and letter goes home to parents. 2nd offense: $15 fine, parent contact and a letter goes home to parents.
• High Schools Every incident: $15 fine, parent contact, and student signs contract / acknowledgment.
Parents may obtain the confiscated cell phone from a school employee at a time designated by campus administration and are subject to a $15 charge [FNCE (Legal)]. After the parent is notified, the cell phone shall be held for pickup for a period of 30 days after which a notice with the phone's serial number, of the intent to dispose is sent to parents and the cell phone carrier. Since a receipt must be given, cell phones may be picked up by the parent from the campus office during normal office hours. Using a cellphone or any other recording device during state testing will result in disciplinary action and test scores for the student shall be invalid. A student using a cell phone or any other recording device to record the commission of a violation of the Student Code of Conduct shall be considered as complicit or acting with the intent to promote or assist the commission of the offense and shall be disciplined in accordance with the Student Code of Conduct for that offense. Also, using a cell phone or any other recording device to invade the privacy of another, record without consent, or disrupt the educational environment is not allowed, this includes transmitting images that reveal private parts of the body normally covered by clothing (sexting). In limited circumstances and in accordance with law, a student's
12 27 personal cell phone or telecommunication device may be searched by authorized personnel.
Misuse of Property • Stealing from others, including the District
• Committing or assisting in a robbery, theft, or burglary that is not punishable as a felony
• Damaging, destroying, or vandalizing property owned by others or the District
• Marking District property such as textbooks, lockers, furniture, or equipment with graffiti, tagging, or by other means
• Attempting to start or starting a fire on or in any property owned, used, or controlled by a student, the District, or District employees, officials, or volunteers that does not rise to the level of arson or criminal mischief
Safety / Disruption • Threatening to use or exhibit a firearm
• Discharging a fire extinguisher, pulling a fire alarm, calling 911, tampering with an Automated External Defibrillator, or causing the sprinkler system to activate when there is no smoke, fire, danger, or emergency
• Making or participating in false statements or hoaxes regarding school safety
• Making threats regarding school safety or harm to students and/or employees, regardless of intent
• Engaging in misbehavior, actions, or demonstrations that substantially disrupt or materially interfere with school activities or that give school officials reasonable cause to believe that such conduct will substantially disrupt the school program, endanger others, or incite violence
• Throwing objects that can cause bodily injury or property damage
• Making false accusations or providing false statements concerning wrongful, unlawful, inappropriate, or illegal conduct alleged to have been committed by another student or District employee, official, or volunteer
Technology • Sending, possessing, or posting electronic messages, videos, audio recordings, or images that are abusive, obscene, sexually oriented, harassing, threatening, intimidating, illegal, or that cause a material or substantial disruption at school, including cyberbullying (see definitions)
• Using any device or technology to copy or capture an image or the content of any District materials (such as tests or exams) without permission of a teacher or administrator
• Making, participating in the making of, transmitting to another via an electronic device, or posting to the Internet a digital video, audio recording, or image of an actual or simulated act that involves a crime or conduct prohibited by the Code of Conduct
• Using any device or technology to record the voice or image of another in any way that disrupts the educational environment, invades the privacy of others, or without the prior consent of the individual being recorded
• Using any device or technology to record the voice or image of another to take, disseminate, transfer, circulate, exhibit, present, or share audio, images, video, or photos that reveal private parts of the body that are normally covered by clothing (aka sexting)
13 28 • Using the name, persona, or image of a student, District employee, or volunteer to create a web page or post one or more messages on a website without the other person’s consent for purposes of harassing, intimidating, embarrassing, or threatening another
• Using email, websites, or electronic devices to engage in or encourage illegal conduct, violations of the SCC, or to threaten school safety
• Attempting to or successfully accessing or circumventing passwords or other security-related information of the District, officials, volunteers, employees, or other students by any means
• Attempting to or successfully altering, destroying, interrupting, intercepting, or disabling District technology equipment, District data, the data of other users of the District’s computer system, or other networks connected to the District’s system, including uploading or creating computer viruses, worms, or other harmful material
• Copying, downloading, reproducing, distributing, retransmitting, redisplaying, or modifying items from the District’s website
• Engaging in any of the above forms of technological misconduct outside of school when such conduct causes a material or substantial disruption at school as determined by school officials
• NOTE: Students will not be disciplined for technological misconduct related to possessing items described above so long as the student (1) did not contribute to creation of the item in any way, (2) possessed it only after receiving the item unsolicited from another, (3) either promptly destroyed the item or reported it to a school employee as soon as possible, and (4) did not provide a copy, forward, or re-post the item to anyone other than law enforcement, a school employee, or the student’s parent/guardian.
Failure to Follow • Violating dress and grooming criteria Rules
• Being insubordinate or otherwise failing to comply with lawful directives given by school personnel
• Attempting to or successfully evading, avoiding, or delaying questioning by a District employee or providing inaccurate information when questioned about possible violations of the SCC
• Failing to provide proper identification upon request of a District employee
• Attempting to violate or assisting, encouraging, promoting, or attempting to assist another student in violating the Code of Conduct or help conceal any violation
• Failing to immediately report to a school employee knowledge of a device, object, substance, or event that could cause harm to self or others
• Unexcused tardiness to class
• Skipping school or class without the District’s or parent/guardian’s permission
• Leaving class, the campus, or school events without permission
• Enticing or preventing another student from attending school, class, or a school activity the student is required to attend
14 29 • Violating rules for conduct on school owned or operated transportation
• Violating rules for operating or parking a motor vehicle on school property
• Violating policies or rules for computer use, Internet access, technology, or other electronic communications or imaging devices
• Violating the District’s medications policy regarding prescription and over-the-counter drugs
• Academic dishonesty, including cheating, copying the work of another, plagiarism, or unauthorized collaboration with another person in preparing an assignment
• Failure to comply with guidelines applicable to student speakers who are speaking at school- sponsored or school-related events
• Failure to ensure that personal property, mode of transportation, or school property used by the student does not contain prohibited items
• Violating other campus or classroom rules for behavior or district policies
Other Misconduct • Using profanity, vulgar language, or obscene gestures
• Loitering in unauthorized areas
• Falsifying, altering, forging, or destroying school records, passes, other school-related documents, or documents presented to District employees
• Gambling or betting money or other things of value
• Inappropriate exposure of a student’s private body parts which are ordinarily covered by clothing, including through such acts as mooning, streaking, or flashing
• Taking one or more steps toward violating the SCC even if the student fails to complete the intended misconduct
Removal from District Transportation
Reasons for Removal Appropriate student behavior is essential to the safe operation of District transportation. Students must comply with the expectations of the SCC while using District transportation. In addition to compliance with the SCC, students are expected to comply with the following transportation rules:
• Enter and exit transportation in an orderly manner at the designated stop
• Remain seated in designated seats facing forward
• Keep aisles clear of books, bags, instruments, feet, or other obstructions
• Comply with lawful directives issued by the driver
• Follow the driver's rules for food or beverages
• Do not extend any body part, clothing, or other article outside of the transportation
15 30 • Keep hands, feet, other body parts, or objects to yourself
• Refrain from making loud or distracting noises
• Do not obstruct the driver's view
• Do not throw objects inside the transportation or out of the windows or doors
• Do not mark, deface, destruct, or tamper with seats, windows, emergency doors, or other equipment
Procedure for A driver of District owned or operated transportation may send a student to the administrator's Removal office to maintain discipline during transport to or from school or a school-sponsored or school- related activity, to enforce the transportation rules, or when the student engages in behavior that violates the SCC. The administrator may use one or more discipline management techniques to address the behavior, which may include temporarily suspending or permanently revoking school transportation privileges.
The student will be informed of the reason for suspension or revocation of transportation privileges and will be given the opportunity to respond before the administrator's decision is final. Suspension of transportation privileges does not excuse a student from attending school. It is the responsibility of the parent/guardian and/or student to make alternate transportation arrangements to and from school.
Removal from Classroom by Teacher
Ordinary Teacher A teacher may send a student to the campus behavior coordinator's office to maintain discipline Removal in the classroom or when the student engages in behavior that violates the SCC. For these informal removals, the behavior coordinator will use one or more discipline management techniques to address and improve the student's behavior before returning the student to the classroom. If the student's behavior does not improve, the behavior coordinator will employ other discipline techniques or progressive interventions to improve the student's conduct.
Formal Teacher A teacher may remove a student from class when: Removal
• The student’s behavior has been documented by the teacher as repeatedly interfering with the teacher’s ability to teach or with the learning of other students; or
• The behavior is so unruly, disruptive, or abusive that it seriously interferes with the teacher’s ability to teach or with the learning of other students.
A teacher may document any conduct by a student that does not conform to the Student Code of Conduct and may submit that documentation to the principal. A teacher must remove a student from class if the student engages in conduct that requires or permits DAEP placement or expulsion under the Texas Education Code, in which case the procedures for DAEP placement or expulsion will apply.
Placement During When a teacher utilizes a formal removal of the student from the classroom, the administrator Removal may place the student in: (1) another appropriate classroom, (2) in-school suspension, (3) out-of- school suspension, or (4) DAEP.
Procedures for No later than three school days after a teacher has formally removed a student from class, an Teacher Removal administrator will schedule a conference with the campus behavior coordinator or other administrator, the student’s parent/guardian, the student, and the teacher. At the conference, the student will be provided an explanation of the basis for removal and be given an opportunity 16 31 to respond. After the conference, the campus behavior coordinator or designee will render a discipline decision and inform the student and parent/guardian of the consequences.
A student who is sent to the campus behavior coordinator's or other administrator's office through an ordinary or a formal teacher removal from class is not considered to have been removed from the classroom for the purposes of reporting data through the Public Education Information Management System (PEIMS) or other similar reports required by state or federal law.
Return to the If the teacher removed the student from class because the student engaged in assault resulting Classroom in bodily injury, aggravated assault, sexual assault, or aggravated sexual assault against the teacher, the student may not be returned to the teacher’s class without the teacher’s consent. In other cases where the teacher initiates a formal removal, the student may only be returned to the teacher’s class without the teacher’s consent if the Placement Review Committee determines that the teacher’s class is the best or only alternative.
In-School Suspension (ISS)
Reasons for ISS Students may be placed in ISS for any misconduct listed in any category of the SCC.
Procedure for ISS The student will be informed of the reason for placement in ISS and be given an opportunity to respond before the administrator’s decision is final. While in ISS the student will complete assignments from his or her teacher.
Out-of-School Suspension (OSS)
Reasons for OSS Students may be suspended from school for any misconduct listed in any category of the SCC.
Procedure for OSS The student will be informed of the reason for out-of-school suspension and be given an opportunity to respond before the administrator's decision is final. While the student is suspended, the administrator may place restrictions on the student's participation in school- sponsored or school-related activities. Students may be suspended for a maximum of three school days at a time.
Assignments During The student will be required to complete all class assignments, homework, tests, and other ISS and OSS academic work covered during the suspension. The student will have the opportunity to receive full credit for completed academic work when submitted in a timely manner and in accordance with the teacher or administrator's instructions. The student will be provided during the period of suspension, whether in-school or out-of-school, an alternative means of receiving all course work provided in the classes in the foundation curriculum that the student misses as a result of the suspension, including at least one option for receiving the course work that does not require the use of the Internet.
Grade Level and A student who is in second grade or younger cannot receive an out-of-school suspension unless, Other Restrictions while at school or at a school-sponsored activity, the student engages in conduct that contains on Suspension the elements of an offense related to weapons or a violent offense, or unless the student engages in selling, giving, or delivering to another person or possessing, using, or being under the influence of marijuana or a controlled substance, a dangerous drug, or an alcoholic beverage.
A student who is homeless, as that term is defined in federal law for homeless children and youth, cannot receive an out-of-school suspension, unless the student engages in conduct that contains the elements of an offense related to weapons or a violent offense, or unless the student engages in selling, giving, or delivering to another person or possessing, using, or being under the influence of marijuana or a controlled substance, a dangerous drug, or an alcoholic beverage.
17 32 Disciplinary Alternative Education Program (DAEP)
Reasons for School-Related. A student must be placed in DAEP for any of the following misconduct if Mandatory DAEP committed while on school property, within 300 feet of school property as measured from any Placement 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 definitions) resulting in bodily injury (see definitions) against another.
• Sells, gives, delivers, possesses, uses, or is under the influence of marijuana, a controlled substance(see definitions), a dangerous drug(see definitions), or an alcoholic beverage in any amount not punishable as a felony.
• Commits a serious act or offense while under the influence of an alcoholic beverage if the conduct is not punishable as a felony.
• Engages in an offense relating to abusable volatile chemicals (see definitions).
• Sells, gives, delivers, possesses, uses, or is under the influence of designer drugs, synthetic marijuana, synthetic cannabinoids (such as K2 or spice), stimulants (such as bath salts), or analogs of any drug in any form, regardless of whether currently scheduled or classified as an illegal drug under state or federal law and regardless of whether the substance is legally sold or marketed as "herbal incense," "potpourri," "bath salts," or "not for human consumption."
• Engages in conduct that contains the elements of the offense of harassment under specific provisions of the Texas Penal Code (see definitions), against an employee of the school district.
• Engages in public lewdness (see definitions).
• Engages in indecent exposure (see definitions).
• Possesses, other than on his or her person, or uses a firearm (see definitions) as defined by state law. Note: Possession of a firearm as defined by federal law is an expellable offense.
• Possesses or uses a deadly weapon (see definitions).
• Possesses, other than on his or her person, or uses a knife with a blade over 5½".
• Engages in expellable conduct if the student is between six and nine years of age.
• Engages in criminal mischief if the damage is greater than $750
• Engages in a federal firearm offense if the student is six years of age or younger.
Off-Campus. A student must be placed in DAEP for engaging in a Title 5(see definitions) felony offense or aggravated robbery while off-campus and not in attendance at a school-sponsored or school-related activity if:
• The student receives deferred prosecution,
• A court or jury finds the student engaged in delinquent conduct, or
18 33 • The Superintendent or Superintendent's designee has a reasonable belief that the student has engaged in conduct defined as either a Title 5 felony offense or aggravated robbery (as defined in the Penal Code).
Regardless of Location. A student must be placed in DAEP if the student engages in the following misconduct, regardless of whether the conduct occurred on or off campus:
• Issues a false alarm or report (see definitions) or a terroristic threat(see definitions) involving a public school.
• Retaliates (see definitions) against any school employee.
• Is involved with a public school fraternity, sorority, secret society, or gang (see definitions), including participating as a member or pledge, or soliciting another person to become a member or pledge.
• Is involved with a criminal street gang(see definitions) or encourages, solicits, recruits, enables, or causes another to become a member of a criminal street gang.
• Is a registered sex offender(see definitions) under court supervision, probation, community supervision, or parole.
Students who are: (1) convicted of continuous sexual abuse of a young child or children; or (2) convicted, receive deferred adjudication or deferred prosecution, been found to have engaged in delinquent conduct or conduct in need of supervision, or been placed on probation for either sexual assault or aggravated sexual assault against another student assigned to the same campus at the time the offense occurred will be placed in DAEP (or JJAEP as appropriate) on the request of the victim’s parents if the victim student does not wish to transfer, and there is only one campus serving that grade level. Placement in this circumstance may be for any length of time considered necessary.
Reasons for School-Related. A student may be placed in DAEP for any of the following misconduct if Discretionary DAEP committed while on school property, or while attending a school-sponsored or school-related Placement activity on or off school property:
• Possessing, giving, buying, or selling less than a useable amount of stems, seeds, or other pieces of marijuana.
• Possessing, using, selling, buying, or giving paraphernalia (see definitions) related to any prohibited substance, including, but not limited to, marijuana, a controlled substance, a dangerous drug, or an alcoholic beverage.
• Abusing the student’s own prescription drug or using it in a way other than prescribed; giving, buying, or selling a prescription drug; possessing, using, or being under the influence of another person’s prescription drug.
• Offering to sell or buy any amount of marijuana, a controlled substance (see definitions), a dangerous drug (see definitions), an abusable volatile chemical(see definitions), a prescription drug, or an alcoholic beverage (see definitions).
• Preparing a hit list (see definitions).
• Committing any offense included in the list of “General Types of Prohibited Misconduct” in this SCC.
19 34 • Engaging in persistent (see definitions) misbehavior that violates this SCC.
Off-Campus. A student may be placed in DAEP for engaging in the following misconduct while off-campus and not in attendance at a school-sponsored or school-related activity:
• The administrator has a reasonable belief that the student engaged in conduct punishable as a felony (other than aggravated robbery or a Title 5 felony), and the student’s continued presence in the regular classroom is a threat to the safety of others or is detrimental to the educational process.
• Off-campus conduct for which DAEP placement is required by state law when the administrator does not learn of the conduct until more than a year passes after the conduct occurred.
Regardless of Location. A student may be placed in DAEP if the student engages in the following misconduct, regardless of whether the conduct occurred on or off campus:
• If the student is a registered sex offender (see definitions) who is not under any form of court supervision. A registered sex offender who is not under any form of court supervision will be placed in regular classes if the student is not a threat to the safety of others, is not detrimental to the educational process, and such placement is not contrary to the best interests of the District's students.
• Engages in bullying (see definitions) that encourages a student to commit or attempt to commit suicide; incites violence against a student through group bullying.
• Releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student’s consent.
Emergency DAEP An administrator may order an emergency DAEP placement if the student has been so unruly, Placement disruptive, or abusive that it seriously interferes with the teacher’s ability to teach the class, the learning of other students, or the operation of a school-related or a school-sponsored activity. The reason for emergency placement must also be a reason for which DAEP placement could be ordered on a non-emergency basis. At the time of the emergency placement, the student will be told the reason for the action.
No later than the tenth day after the date of emergency DAEP placement, the student will be given a conference as required for regular placement in DAEP; see below.
Procedure for DAEP Conference. No later than three school days after the student is removed from class, a campus Placement administrator will schedule a conference with the campus behavior coordinator or other appropriate administrator, the student’s parent/guardian, and the student. At the conference, the administrator will explain the allegations against the student, inform the student of the basis for the proposed DAEP placement, and give the student an opportunity to explain his or her version of the incident. The District may conduct the conference and make a discipline decision regardless of whether the student or the student’s parent/guardian attends if the District made reasonable attempts to have them attend.
If during the term of DAEP placement the student engages in additional misconduct, additional conferences may be conducted and additional discipline may be imposed.
Interim Placement. Until a placement conference can be held, the student may be placed in another appropriate classroom, in- school suspension, or out-of-school suspension. The student may not be returned to the regular classroom pending the placement conference.
20 35 DAEP Placement Order. If the outcome of the conference is to place the student in DAEP, the campus behavior coordinator or designee will issue a DAEP placement order. If the length of placement differs from the guidelines included in the SCC, the DAEP placement order will give notice of the inconsistency.
A copy of the DAEP placement order will be sent to the student and the student’s parent/guardian. For those students placed in DAEP for a reason identified in the Texas Education Code, the District will also send the juvenile court a copy of the DAEP placement order no later than the second business day after the placement conference. A copy of the DAEP placement order will be included with any records sent to a school where the student seeks to enroll. The enrolling school district has discretion to enforce the DAEP placement order.
Length of DAEP The length of a student's placement in DAEP will be determined on a case-by-case basis using Placement the criteria identified in the "Discipline Considerations" section of this SCC. All DAEP placements will result in placement for up to 60 school days.
Successful completion of school days will be determined at the discretion of the District. Days occurring during school closures when virtual instruction is taking place WILL count as a successful completion of a day in the DAEP. The length of DAEP placement may not exceed one year unless, after review, the District determines that the student is a threat to the safety of other students or District employees.
Students placed in DAEP at the end of one school year may be required to complete the assigned term at the beginning of the next school year. For DAEP placement to extend beyond the end of the school year, the administrator must determine that: (1) the student’s presence in the regular classroom or campus presents a danger of physical harm to the student or others; or (2) the student engaged in serious or persistent misbehavior that violates the SCC. For purposes of this paragraph only, “serious or persistent misbehavior” means any misconduct identified as being punishable with placement in DAEP or expulsion or three or more violations of the SCC or repeated occurrences of the same violation.
If the DAEP placement extends beyond 60 days or the end of the next grading period, whichever is sooner, the student or the student’s parent/guardian may participate in a proceeding before the Board or Board’s designee as provided in policy FNG (LOCAL). Any decision of the Board is final and may not be appealed.
Particular Rules for The general SCC rules for DAEP placement apply to registered student sex offenders (see Registered Sex definitions) except as modified in this section. Offenders
Placement. Registered sex offenders will be placed in a Juvenile Justice Alternative Education Program (JJAEP) in lieu of DAEP if: (1) ordered to attend JJAEP by a court, or (2) if permitted by agreement between the District and the JJAEP.
Length of Placement. Registered sex offenders under court supervision will be placed in DAEP for a minimum of 88 days school days, which is the equivalent of one semester. Registered sex offenders who are not under any form of court supervision but are assigned to DAEP must serve a minimum of 88 days school days, which is the equivalent of one semester.
Transfers. Registered sex offenders under court supervision that transfer into the District will be required to complete an additional 88 school days which is the equivalent of one semester in DAEP in addition to the assignment assessed by the previous school district.
Registered sex offenders who are not under court supervision that transfer into the District will be required to complete the DAEP assignment assessed by the previous school district, but will receive credit for any time already spent in DAEP.
21 36 Periodic Review for Registered Sex Offenders. After 88 days school days in DAEP, a review committee will determine by majority vote and recommend to a Pupil Personnel Administrator whether the student should remain in DAEP or be returned to the regular classroom. A Pupil Personnel Administrator will follow the committee's decision to return the student to the regular classroom unless the student's presence in the regular classroom is a threat to the safety of others, is detrimental to the educational process, or is not in the best interests of the District's students. Conversely, a Pupil Personnel Administrator will follow the committee's decision to continue the student's placement in DAEP unless the student's presence in the regular classroom is not a threat to the safety of others, is not detrimental to the educational process, or is not contrary to the best interests of the District's students.
If the student remains in DAEP, the review committee will re-consider the student’s placement before the beginning of the next school year.
Appeals for Registered Sex Offenders. DAEP placement may be appealed as described in District policy FNG or FOC. However, the appeal is limited to the factual question of whether the student is required to register as a sex offender under the law. A decision of the District’s Board of Trustees is final and may not be appealed.
Other DAEP Issues Grade Levels. Elementary students in kindergarten through grade 5th will not be placed in DAEP with secondary students in grade 6th through grade 12.
No Participation in Activities While in DAEP. Students placed in DAEP for any mandatory or discretionary reasons are not allowed to attend or participate in school-sponsored or school- related extracurricular or co-curricular activities during the period of DAEP placement. This restriction applies until the student fulfills the DAEP assignment at this or another school district.
Impact on Graduation. For graduating seniors who are in DAEP during the last week of school, the DAEP placement will continue through graduation, and the student will not be allowed to participate in commencement exercises and related graduation activities.
Transportation. The District will provide transportation to and from DAEP. This transportation privilege may be revoked if the student does not follow the transportation rules, refuses to cooperate with the driver or other District personnel involved in providing transportation or violates any provision of the SCC during transport.
Periodic Review. The District will review a student’s DAEP placement and academic status every 120 calendar days. In the case of a high school student, the student’s progress toward graduation will be reviewed and a graduation plan will be established. At the review, the student or the parent/guardian will have an opportunity to present reasons for the student’s return to the regular classroom or campus. The student may not be returned to the classroom of a teacher who removed the student without that teacher’s consent.
Coursework Opportunity. Students placed in DAEP will have an opportunity to complete coursework required for graduation, at no cost to the student, before the beginning of the next school year.
Transition from DAEP As soon as practicable after the DAEP administrator determines the date a student will be released from the program, the administrator will provide written notice of the date to the student’s parent/guardian and to the administrator of the campus to which the student will return. The DAEP will also provide the campus administrator an assessment of the student's academic growth while attending the alternative education program and the results of any assessment instruments administered to the student. Not later than five instructional days after the date of release from the DAEP, the campus administrator will coordinate the student's transition to a regular classroom, which must include assistance and recommendations from school counselors, school district peace officers, school resource officers, licensed clinical social 22 37 workers, campus behavior coordinators, classroom teachers who are or may be responsible for implementing the student's personalized transition plan, and any other appropriate school district personnel.
Transition Plan Each student must be provided a personalized transition plan developed by the campus administrator. The transition plan must include recommendations for the best educational placement of the student and may include recommendations for counseling, behavioral management, or academic assistance for the student with a concentration on the student's academic or career goals; recommendations for assistance for obtaining access to mental health services provided by the district or school, a local mental health authority, or another private or public entity; the provision of information to the student's parent/guardian about the process to request a full individual and initial evaluation of the student for purposes of special education services under Section 29.004; and a regular review of the student's progress toward the student's academic or career goals. If practicable, the campus administrator or designee will meet with the student's parent/guardian to coordinate plans for the student's transition.
Effect of Student Withdrawal. When a student withdraws from school before a DAEP placement order is completed, the District may complete the proceedings and issue a DAEP placement order. If the student re-enrolls in the District during the same or subsequent school year, the District may enforce the DAEP placement order at that time, minus any portion of the placement that was served by the student during enrollment in another district.
If the administrator does not issue a DAEP placement order after the student withdraws, the next district in which the student enrolls may complete the proceedings and issue a DAEP placement order.
Student Transfers. The District will decide on a case-by-case basis whether students assigned to DAEP in another Texas district, a Texas open-enrollment charter school, or an out-of-state school district will be required to complete the term of their DAEP placement or be placed directly into a regular classroom setting. In order to continue an out-of-state DAEP placement, the basis for the DAEP placement must also be a reason for DAEP placement in the enrolling district. If the out-of-state DAEP placement period exceeds one year, the District will reduce the period of the placement so that the total placement does not exceed one year unless the District determines that the student is a threat to the safety of others or extended placement is in the best interests of the student.
Summer School. Students in DAEP during summer programs will be served in DAEP separate from other students.
Summer Activities. Students whose DAEP placement continues past the end of the school year and into the next school year will not be permitted to participate in school-related activities occurring during summer months, including team camps, clinics, practices, and workouts.
Criminal Proceedings. The review and appeal process described below is limited to retaliation or off-campus misconduct. It does not apply if the student was placed in DAEP as required by law for conduct occurring on or within 300 feet of school property, at a school-sponsored or school- related activity, or for a false alarm or report or terroristic threat involving a public school.
If the District receives notice that prosecution of a student's case was refused and no formal proceedings, deferred adjudication, or deferred prosecution will be initiated or a court or jury found the student not guilty or that the student did not engage in delinquent conduct or conduct indicating a need for supervision and dismissed the student's case with prejudice, the District will review the student's DAEP placement and will schedule a review with the student's parent/guardian no later than the third day after receiving notice. The student will not be returned to the regular classroom before the review. After reviewing the notice and receiving information from the student's parent/guardian, the administrator may only continue the
23 38 student's DAEP placement if the administration has reason to believe the student's presence in the regular classroom threatens the safety of others.
The administrator’s decision may be appealed to the Board. In the event of an appeal, at the next scheduled meeting the Board will: (1) review the notice, (2) hear statements from the student, the student’s parent/guardian, and the administrator, and (3) confirm or reverse the decision of the administrator.
If the Board confirms the decision of the administrator, the student and the student’s parent/guardian have the right to appeal to the Commissioner of Education. The student may not be returned to the regular classroom while the appeal is pending.
Expulsion
Reasons for School-Related. A student must be expelled for any of the following misconduct that occurs on Mandatory Expulsion school property or while attending a school-sponsored or school-related activity on or off school property:
• Brings to school a firearm, as defined by federal law (see definitions).
• Possesses or uses a handgun* on or about his or her person (see definitions).
* Firearm note: So long as the firearm is not brought on school property, a student will not be expelled solely for using, exhibiting, or possessing a firearm at an off-campus approved target range facility while participating in or preparing for a school-sponsored shooting sports competition or while participating in or preparing for a shooting sports educational activity sponsored or supported by the Texas Parks and Wildlife Department or an organization working with the Department.
• Possesses or uses a location restricted knife, on or about his person.
• Possesses, manufactures, transports, repairs, or sells one of the following prohibited weapons: an explosive weapon, machine gun, short-barrel firearm, firearm silencer, armor-piercing ammunition, chemical dispensing device, zip gun, improvised explosive device, or tire deflation device (see definitions).
• Engages in the following misconduct as defined in the Texas Penal Code: (1) aggravated assault, (2) sexual assault, (3) aggravated sexual assault, (4) arson, (5) murder, (6) capital murder, (7) criminal attempt to commit murder or capital murder, (8) indecency with a child, (9) aggravated kidnapping, (10) aggravated robbery, (11) manslaughter, (12) criminally negligent homicide, or (13) continuous sexual abuse of a young child or children.
• Sells, gives, delivers, possesses, uses, or is under the influence of marijuana, a controlled substance (see definitions), a dangerous drug (see definitions), or an alcoholic beverage (see definitions) if the behavior is punishable as a felony.
• Commits a serious act or offense while under the influence of an alcoholic beverage if the behavior is punishable as a felony.
Regardless of Location. A student must be expelled if the student engages in the following misconduct, regardless of whether the conduct occurred on or off campus:
• Retaliates(see definitions) against a school employee or volunteer by committing a state- mandated expellable offense.
Reasons for At School. A student may be expelled for engaging in documented serious misbehavior as 24 39 Discretionary defined by law (see definitions) while the student is placed in DAEP and on the DAEP Expulsion site/campus despite documented behavioral interventions.
School-Related. A student may be expelled for any of the following offenses that occur on school property, within 300 feet of school property as measured from any point on the District’s real property boundary line, or while attending a school-sponsored or school-related activity on or off school property:
• Sells, gives, delivers, possesses, uses, or is under the influence of marijuana, a controlled substance, a dangerous drug, or an alcoholic beverage if the conduct is not punishable as a felony.
• Commits a serious act or offense while under the influence of an alcoholic beverage if the conduct is not punishable as a felony.
• Engages in misconduct that contains the elements of an offense relating to abusable volatile chemicals (see definitions).
• Commits an assault (see definitions) resulting in bodily injury to a school employee or volunteer.
• Engages in deadly conduct (see definitions).
Three Hundred Feet. Additionally, a student may be expelled for any of the following offenses that occur within 300 feet of school property as measured from any point on the District’s real property boundary line:
• Possesses a firearm, as defined by federal law (see definitions).
• Possesses or uses a handgun* on or about his or her person (see definitions).
* Firearm note: So long as the firearm is not brought on school property, a student will not be expelled solely for using, exhibiting, or possessing a firearm at an off-campus approved target range facility while participating in or preparing for a school-sponsored shooting sports competition or while participating in or preparing for a shooting sports educational activity sponsored or supported by the Texas Parks and Wildlife Department or an organization working with the Department.
• Possesses or uses a location restricted knife, on or about his person.
• Possesses, manufactures, transports, repairs, or sells one of the following prohibited weapons: an explosive weapon, machine gun, short-barrel firearm, firearm silencer, armor-piercing ammunition, chemical dispensing device, zip gun, improvised explosive device, or tire deflation device (see definitions).
• Engages in the following misconduct as defined in the Texas Penal Code: (1) aggravated assault, (2) sexual assault, (3) aggravated sexual assault, (4) arson, (5) murder, (6) capital murder, (7) criminal attempt to commit murder or capital murder, (8) indecency with a child, (9) aggravated kidnapping, (10) aggravated robbery, (11) manslaughter, (12) criminally negligent homicide, or (13) continuous sexual abuse of a young child or children.
Regardless of Location. A student may be expelled if the student engages in the following misconduct, regardless of whether the conduct occurred on or off campus:
• Commits aggravated assault, sexual assault, aggravated sexual assault, murder, capital
25 40 murder, criminal attempt to commit murder or capital murder, or aggravated robbery against another student.
• Retaliates against a school employee or volunteer by committing an assault(see definitions) resulting in bodily injury.
• Engages in felony criminal mischief if the damage is $2,500 or more.
• Engages in breach of computer security by accessing a computer, computer network or computer system owned by or operated on behalf of a school district without consent and knowingly alters, damages, or deletes school district property or information or breaches any other computer, computer network, or computer system.
• Engages in bullying (see definitions) that encourages a student to commit or attempt to commit suicide; incites violence against a student through group bullying; or releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student’s consent.
• Commits a state-mandated expellable offense on the school property of another Texas school district or while attending a school-sponsored or school-related activity of another Texas school district.
• Issues a false alarm or report (see definitions) or a terroristic threat(see definitions) involving a public school.
Title 5 Felonies Regardless of Location. In addition to the expellable conduct listed above, a student may also be expelled and placed in a Juvenile Justice Alternative Education Program (JJAEP) if the student:
• is arrested for a Title 5 felony offense (see definitions) or aggravated robbery,
• is charged with engaging in a Title 5 felony offense or aggravated robbery,
• received deferred adjudication or deferred prosecution for a Title 5 felony offense or aggravated robbery,
• is on probation for a Title 5 felony offense or aggravated robbery,
• was found by a court or jury to have engaged in delinquent conduct for a Title 5 felony offense or aggravated robbery,
• has been referred to a juvenile court for delinquent conduct based on a Title 5 felony offense or aggravated robbery, or
• was convicted of a Title 5 felony offense or aggravated robbery; and the administrator determines the student’s presence in the regular classroom either threatens the safety of other students or teachers, is detrimental to the educational process, or is not in the best interests of the District’s students.
In this circumstance, expulsion to an alternative setting may be ordered regardless of: (1) the date on which the conduct occurred, (2) the location at which the conduct occurred, (3) whether the student was enrolled in the District at the time the conduct occurred, or (4) whether the student successfully completed any court disposition requirements regarding the conduct.
26 41 A student may be subject to an expulsion under this circumstance until: (1) the student graduates from high school, (2) the charges are dismissed or reduced to a misdemeanor, (3) the student completes the term of the placement, or (4) the District assigns the student to another program. The student will be entitled to the same periodic review afforded to other students in alternate settings. An expulsion ordered in this case is final and may not be appealed beyond the Board of Trustees.
Emergency An administrator may order the immediate expulsion of a student if the administrator Expulsion reasonably believes the emergency expulsion is necessary to protect persons or property from imminent harm. The reason for the emergency expulsion must also be a reason for which expulsion could be ordered on a non-emergency basis. At the time of the emergency expulsion, the student will be told the reason for the action. No later than the tenth day after the date of emergency expulsion, the student will be given a hearing as required for a regular expulsion; see below.
Procedure for Hearing. Students alleged to have committed an expellable offense will receive a hearing before Expulsion a Pupil Personnel Administrator within a reasonable time following the alleged misconduct. The student's parent/guardian will be informed of the basis for the proposed expulsion and will be invited in writing to attend the hearing. After making an effort to inform the student and parent/guardian of the hearing, the District may hold the hearing regardless of whether the student or the student's parent/guardian attends. At the hearing, the student is entitled to:
• Representation by an adult, including the student’s parent/guardian, who can provide guidance to the student and who is not an employee of the District;
• An opportunity to question the District’s witnesses; and
• An opportunity to testify and to review and present evidence and witnesses in the student’s defense.
Additional proceedings may be conducted and additional discipline may be imposed if the student engages in additional misconduct while the student is already expelled.
Interim Placement. Until an expulsion hearing can be held, the student may be placed in another appropriate classroom, in-school suspension, out-of-school suspension, or DAEP.
Expulsion Order. If the outcome of the expulsion hearing is that the student will be expelled, the appropriate administrator will issue an expulsion order and provide a copy to the student and the student’s parent/guardian. If the duration of the expulsion differs from the guidelines in the SCC, the expulsion order will give notice of the inconsistency.
The District will send a copy of the expulsion order to the juvenile court no later than the second business day after the expulsion hearing. A copy of the expulsion order will be included with any records sent to a school where the student seeks to enroll. The enrolling school district has discretion to enforce the expulsion order.
Length of Expulsion The duration of the expulsion will be determined on a case-by-case basis using the criteria identified in the "Discipline Considerations" section of this SCC. Both mandatory and discretionary expulsions will result in expulsion for up to 180 school days.
School days counted towards completion of the expulsion term will be determined at the discretion of the District. Days occurring during school closures when virtual instruction is taking place WILL count towards completion of the term of the expulsion order. Students who bring a firearm (as defined by federal law) to school will be expelled from the regular classroom for at least one calendar year except as modified by the administrator on a case-by-case basis.
27 42 An expulsion will not exceed one calendar 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.
Students expelled at the end of one school year may be required to complete the term of their expulsion at the beginning of the next school year.
Other Expulsion Academic Impact. Students will not receive academic credit for work missed during the period of Issues expulsion unless the student is enrolled in a Juvenile Justice Alternative Education Program (JJAEP) or other District-approved program or as required by IDEA or Section 504.
Participation in Activities. Expelled students are prohibited from being on school grounds or attending or participating in school-sponsored or school-related activities while expelled.
Age Restrictions. Students under the age of ten that engage in expellable behavior will not be expelled, but will be placed in DAEP.
Effect of Student Withdrawal. If a student withdraws from the District before the expulsion hearing is conducted, the District may proceed with conducting the hearing after sending written notice to the parent/guardian and student. If the student re-enrolls during the same or subsequent school year the District may enforce the expulsion order at that time; students will be credited for any expulsion period that was served by the student while enrolled in another district.
If the administrator does not issue an expulsion order after the student withdraws, the next district in which the student enrolls may complete the proceedings and issue an expulsion order.
Student Transfers. The District will decide on a case-by-case basis whether students expelled from another Texas district or from an out-of-state school district will be required to complete the term of their expulsion, be placed in DAEP for the duration of the expulsion term, or be placed directly into a regular classroom setting. In order to continue an out-of-state expulsion, the basis for the expulsion must also be a reason for expulsion in the enrolling district. If the out- of-state expulsion period exceeds one year, the District will reduce the period of expulsion so that it does not exceed one year unless the District determines that the student is a threat to the safety of others or extended expulsion is in the best interest of the student.
Expulsion Appeals For the purpose of this appeal policy, "days" shall mean district business days. After the due process hearing a request for a Board review of the decision to expel a student shall be made in writing to the Superintendent or Designee within seven (7) days after receipt of the written decision of the hearing officer. The Superintendent or designee shall provide the parent(s) written notice of the date, time, and place of the meeting at which the Board will review the decision. The Board shall review the decision in closed meeting. . The board may also hear a statement from the student or parent and from the board's designee. The Board shall base its decision solely on the record and any statements made by the parties at the review. Each party is allowed a time not to exceed 10 minutes to make oral statements. No new evidence by either party is allowed or considered. The decision of the Board shall be rendered in writing to the parent within (7) days after the conclusion of the presentation. Consequences shall not be deferred pending the outcome of the hearing. If a student appeals the Board's decision to expel, the student shall be expelled pending further appeals. For expelled students who have been appropriately identified as having a disability, educational services shall be provided as determined by an appropriate Admission, Review, Dismissal, or Section 504 Committee, or applicable law. The decision of the Board may be appealed by trial de novo to a district court of the county in which the District's central administrative office is located. Consequences will not bedelayedpendingtheoutcomeoftheConsequenceswillnotbedelayedpendingtheoutcome of the appeal Consequences will not be delayed pending the outcome of the appeal.
28 43 Definitions
ABUSABLE VOLATILE CHEMICALS: Those substances as defined in Texas Health and Safety Code § 485.001.
ALCOHOLIC BEVERAGE: Those substances as defined in Texas Alcoholic Beverage Code § 1.04.
ARMOR-PIERCING AMMUNITION: Handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used primarily in pistols and revolvers or other firearms.
ASSAULT: For student discipline purposes, intentionally, knowingly, or recklessly causing bodily injury to another.
BODILY INJURY: Physical pain, illness, or impairment of a physical condition.
BULLYING: A single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves written or verbal expression, including electronic communication, or physical conduct that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property or on a publicly or privately owned school bus or vehicle being used for transportation of students to or from school or a school-sponsored or school-related activity, and that: (1) has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property; (2) is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student; (3) materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or (4) infringes on the rights of the victim at school, including cyberbullying (see definition below). See District policy FFI for additional information regarding bullying.
CHEMICAL DISPENSING DEVICE: A device other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on an individual.
CLUB: 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.
CONTROLLED SUBSTANCE: A substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 2, 2-A, 3, or 4 of the Texas Controlled Substances Act. The term includes the aggregate weight of any mixture, solution, or other substance containing a controlled substance. The term does not include hemp, as defined by Agriculture Code 121.001, or the tetrahydrocannabinols (THC) in hemp.
CRIMINAL STREET GANG: Three or more persons having a common identifying sign or symbol or an identifiable leadership which continuously or regularly associate in the commission of criminal activities.
CYBERBULLYING: Bullying that is done through the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text messaging, a social media application, an Internet website, or any other Internet based or electronic communication tool and that occurs off school property or outside of a school-sponsored or school-related activity, if the cyberbullying interferes with a student’s educational opportunities or substantially disrupts the orderly operation of a classroom, school, or school-sponsored or school-related activity.
29 44 DANGEROUS DRUG: Substances as defined in Chapter 483 of the Texas Health and Safety Code.
DEADLY CONDUCT: Recklessly engaging in conduct that places another in imminent danger of serious bodily injury or by knowingly discharging a firearm in the direction of an individual, habitation, building, or vehicle.
DEADLY WEAPON: A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
E-CIGARETTE: An electronic cigarette or any other device, including Juuls, that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device including any component, part, or accessory for the device and regardless of whether the device is manufactured, distributed, or sold as an e-cigarette. The term does not include a prescription medical device unrelated to the cessation of smoking.
EXPLOSIVE WEAPON: Any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror. It includes a device designed, made or adapted for delivery or shooting an explosive weapon.
FALSE ALARM OR REPORT: Knowingly initiating, communicating, or circulating a report of a present, past, or future bombing, fire, offense, or other emergency that is known to be false or baseless and that would ordinarily: (1) cause action by an official or volunteer agency organized to deal with emergencies; (2) place a person in fear of imminent serious bodily injury; or (3) prevent or interrupt the occupation of a building, room, place of assembly, publicly accessible place, or mode of conveyance such as an automobile.
FIGHTING: Two or more persons engaged in any mutual violent or physically aggressive contact toward each other such as scuffling, pushing, shoving, or hitting.
FIREARM (Federal law): (1) any weapon, including a starter gun, that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; (2) the frame or receiver of any such weapon; (3) any firearm muffler or firearm weapon; or (4) any destructive device, such as any explosive, incendiary or poison gas bomb, grenade, missile, rocket, or mine.
FIREARM (State law): 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.
FIREARM SILENCER: Any device designed, made, or adapted to muffle the report of a firearm.
GANG: An organization, combination, or association of persons composed wholly or in part of students that: (1) seeks to perpetuate itself by taking in additional members on the basis of the decision of the membership rather than on the free choice of the individual, or (2) that engages in illegal and/or violent activities. In identifying gangs and associated gang attire, signs, or symbols, the District will consult with law enforcement authorities.
GRAFFITI: Making marks of any kind on the tangible property of another without the effective consent of the owner.
HANDGUN: Any firearm designed, made, or adapted to be fired with one hand.
30 45 HARASSMENT (as defined by Board Policy and federal law): Threatening to cause harm or bodily injury to another, engaging in intimidating conduct, causing physical damage to the property of another, subjecting another to physical confinement or restraint, maliciously taking any action that substantially harms another's physical or emotional health or safety, or other conduct prohibited by District policy FFH or DIA that is so severe, persistent, or pervasive that it has the purpose or effect of substantially or unreasonably interfering with a student's performance; creates an intimidating, threatening, hostile, or offensive educational environment; affects a student's ability to participate in or benefit from an educational program or activity; or otherwise adversely affects the student's educational opportunities. (See also definition of Sexual Harassment, below.)
HARASSMENT (as defined by the Penal Code): Actions against a school employee with intent to harass, annoy, alarm, abuse, torment, or embarrass, whereby the student initiates the communication and makes a makes a comment, request, suggestion, or proposal that is obscene; threatens, in a manner reasonably likely to alarm the employee receiving the threat, to inflict bodily injury on the employee or to commit a felony against the employee, a member of the employee's family or household, or the employee's property; conveys, in a manner reasonably likely to alarm the employee receiving the report, a false report, which is known by the student to be false, that another person has suffered death or serious bodily injury; or sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend an employee of the District.
HAZING: Any act, occurring on or off the campus, by one person alone or acting with others, directed against a student, for the purposes of pledging, initiation into, affiliation with, holding office in, or maintaining membership in an organization, if the act constitutes any type of physical brutality, involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student, or involves the consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, including in amounts that would lead a reasonable person to believe the student is intoxicated. Hazing includes soliciting, encouraging, directing, aiding, or attempting to aid another student in engaging in hazing, as well as having firsthand knowledge of the planning or occurrence of a specific student hazing incident without reporting the incident to a school administrator in writing. Consent to or acquiescence in the hazing activity does not excuse the student of responsibility for the misconduct.
HIT LIST: List of people targeted to be harmed using a firearm, knife, or any other object to be used with intent to cause bodily harm.
IMPROVISED EXPLOSIVE DEVICE: A completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components. The term does not include unassembled components that can be legally purchased and possessed without a license, permit, or other governmental approval; or an exploding target that is used for firearms practice, sold in kit form, and contains the components of a binary explosive.
INDECENT EXPOSURE: Those acts defined in Texas Penal Code § 21.08 as an offense that occurs when a person exposes his or her anus or any part of his or her genitals with intent to arouse or gratify the sexual desire of any person, and is reckless about whether another is present who will be offended or alarmed by the act.
INTENT: The design, resolve, determination, or state of mind with which a person acts, ordinarily proven through inferences drawn from the act and/or circumstances surrounding the act. Intent includes the conscious objective or desire to engage in the conduct or cause the result, an awareness that the conduct is reasonably certain to cause the result, or disregard of a substantial and justifiable risk when there is an awareness that the circumstances exist or the result will occur. The fact that a student may not have been motivated by a desire to violate the SCC does not preclude imposing a disciplinary consequence so long as the student intended to
31 46 engage in the underlying conduct that violated the SCC.
KNIFE: A bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing, including a switchblade.
KNUCKLES: Any instrument consisting of finger rings or guards made of a hard substance that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.
LOCATION-RESTRICTED KNIFE: A knife with a blade over 5 ½ inches.
MACHINE GUN: Any firearm capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.
ON OR ABOUT HIS OR HER PERSON: Within the student’s control and within arm’s reach.
PARAPHERNALIA: Any article or device used or intended for use to inject, ingest, inhale, or otherwise introduce marijuana, a controlled substance, a dangerous drug, or an alcoholic beverage into the human body, including but not limited to roach clips, rolling papers, needles, baggies with residue, razor blades, or pipes.
PERSISTENT: Three or more violations of the SCC or repeated occurrences of the same violation.
POSSESSION : To have in or on: (1) a student's person or in the student's personal property, such as the student's clothing, purse, or backpack; (2) in any conveyance used by the student for transportation to or from school or school-related activities, such as an automobile, truck, motorcycle, or bicycle; or (3) any other school property used by the student, such as a locker or desk.
POSSESSION OR PROMOTION OF LEWD VISUAL MATERIAL DEPICTING A CHILD: Possessing, accessing, or promoting, lewd visual material depicting a child, as further defined by Texas Penal Code § 43.25 and punishable as a felony.
PROHIBITED WEAPONS: A prohibited weapon includes the following items: armor-piercing ammunition, chemical dispensing device, explosive weapon, firearm silencer, machine gun, short- barrel firearm, zip gun, improvised explosive device or tire deflation device as further defined in Texas Penal Code § 46.05.
PUBLIC LEWDNESS: Those acts defined in Texas Penal Code § 21.07 as an offense that occurs when a person knowingly engages in an act of sexual intercourse, deviate sexual intercourse, or sexual contact in a public place or, if not in a public place, is reckless about whether another is present who will be offended or alarmed by the act.
REASONABLE BELIEF: A determination that misconduct occurred made by the administrator using all available factual and legal information, including information furnished under Article 15.27 of the Code of Criminal Procedure.
RETALIATE: Harming or threatening to harm another: (1) on account of their service as a District employee or volunteer, (2) to prevent or delay another's service to the District, or (3) because the person intends to report a crime, including posting the residence address or telephone number of the employee on a publicly accessible website with intent to threaten harm or cause harm to the employee or the employee’s family or household.
SELF-DEFENSE: To claim self-defense, the student must (1) be without fault in provoking the encounter and not act as the aggressor, and (2) use the minimum force required to remove 32 47 himself or herself from immediate danger of harm. Actions that escalate or continue the encounter will not be considered self-defense. Interactions prior to the encounter will also be considered.
SERIOUS MISBEHAVIOR: To engage in (1) deliberate violent behavior that poses a direct threat to the health or safety of others, (2) extortion to gain money or other property by force or threat, (3) coercion, meaning to threaten to either commit an offense; inflict bodily harm; accuse a person of any offense; expose a person to hatred, contempt, or ridicule; or to harm the credit of any person, (4) public lewdness as defined in Texas Penal Code § 21.07, (5) indecent exposure as defined in Texas Penal Code § 21.08, (6) criminal mischief as defined in Texas Penal Code § 28.03, (7) personal hazing as defined in Texas Education Code § 37.152, or (8) harassment of a student or District employee as defined in Teas Penal Code § 42.07(a)(1).
SEX OFFENDER: A student required to register as a sex offender under Chapter 62 of the Code of Criminal Procedure for an offense committed on or after September 1, 2007. The term does not include a student who: (1) is no longer required to register as a sex offender under Chapter 62, (2) is exempt from registering as a sex offender under Chapter 62, or (3) receives an early termination of the obligation to register as a sex offender under Chapter 62.
SEXUAL HARASSMENT: Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, or conduct on the basis of sex prohibited by District policy FFH or FNC, when it is so severe, persistent, pervasive, and objectively offensive that it has the purpose or effect of effectively denying a person equal access to an educational program or activity. Any conduct by an employee conditioning the provision of aid or a service on an individual’s participation in unwelcome sexual conduct (quid pro quo conduct). Conduct that meets the definitions of sexual assault, dating violence, domestic violence or stalking under federal law.
SHORT-BARREL FIREARM: A rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a rifle or shotgun if, as altered, has an overall length of less than 26 inches.
SWITCHBLADE KNIFE: Any knife with a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressing a button or other device located on the handle or opens or releases a blade from the handle or sheath by the force of gravity or centrifugal force. It does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife (also known as one-handed openers or assisted openers).
TELECOMMUNICATIONS DEVICE: Any type of device that: (1) emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor, or (2) permits the recording, transmission, and/or receipt of messages, voices, images, or information in any format or media, electronic or otherwise. It does not include an amateur radio under control of someone with an amateur radio license.
TERRORISTIC THREAT: Threats to commit any offense involving violence to any person or property with intent to: (1) cause a reaction by an official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place; (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; (5) place the public or a substantial group of the public in fear of serious bodily injury; or (6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state (including the District).
33 48 TIRE DEFLATION DEVICE: A device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle's tires.
TITLE 5 FELONY OFFENSES: Offenses against the person that, depending on the circumstances, may include murder; capital murder; manslaughter; criminally negligent homicide; unlawful restraint; kidnapping; aggravated kidnapping; trafficking of persons; unlawful transport; assault; aggravated assault; sexual assault; aggravated sexual assault; improper relationship between educator and student; indecency with a child; injury to a child, an elderly person, or a disabled person; abandoning or endangering a child; invasive visual recording; sexual coercion; deadly conduct; terroristic threat; aiding a person to commit suicide; harassment by a person in a correctional facility; continuous sexual abuse of a young child or children; bestiality; voyeurism; disclosure or promotion of intimate visual material; and tampering with a consumer product.
UNDER THE INFLUENCE: When in the employee's professional judgment, the student does not have the normal use of mental or physical faculties likely attributable to the student's use of a prohibited substance. Such impairment may be evidenced by the symptoms typically associated with drug or alcohol use or other abnormal or erratic behavior or by the student's admission. The student need not be legally intoxicated.
USE: With respect to substances, voluntarily injecting, ingesting, inhaling, or otherwise introducing a prohibited substance into the body. With respect to objects or devices, putting into action or service or carrying out an action or purpose with the object or device.
ZIP GUN: A device or combination of devices that was not originally a firearm and is adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.
34 49 Index
Alcoholic beverage 17, 18, 19, 24, 25, 29, 31, 32 Knives 11 Ammunition 12, 24, 25, 29, 32 Knuckles 12, 32 Appeal 5, 6, 21, 22, 23, 24, 27, 28 Machine gun 24, 25, 32 Arson 13, 24, 25 Marijuana 17, 18, 19, 24, 25, 32 Assault 17, 18, 19, 24, 25, 26, 29, 33, 34 On or about his or 24, 25, 32 Bodily injury 10, 11, 12, 13, 17, 18, 25, 26, 29, 30, 31, 32, 33 her person 4, 7, 9, 16, 17, 20, 27 Bullying 5, 7, 8, 10, 11, 13, 20, 26, 29 Out-of-school suspension Cellular telephone Paraphernalia 11, 19, 32 Cheating 15 Persistent 20, 21, 29, 31, 32, 33 Chemical dispensing 24, 25, 29, 32 6, 10, 18, 32 device Possession 11, 15, 19, 30 Club 12, 29 Prescription 24, 25, 32 Controlled substance 17, 18, 19, 24, 25, 29, 32 Prohibited weapon 18, 32, 33 Corporal punishment 10 Public lewdness 23 Criminal mischief 13, 18, 26, 33 Retaliation 13, 18, 19, 20, 24, 25, 26 Cyberbullying 5, 10, 13, 29 Robbery 4, 7, 8, 10, 12, 13, 14, 20, 21, 22, 23, 24, 26, 28, 29, 30, 31, 33 Dangerous drug 17, 18, 19, 24, 25, 30, 32 Safety 6, 8, 13 Deadly conduct 25, 30, 34 Search 7, 33 Deadly weapon 18, 30 Self-defense 16, 18, 20, 21, 24, 25, 29, 30, 31, 32, 33 E-cigarette 30 Serious 5, 19, 20, 21, 22, 33 Explosive weapon 24, 25, 30, 32 Sex offender 13 Extracurricular 4, 5, 9, 22 Sexting 17, 19, 24, 25, 26, 33, 34 False alarm 19, 23, 26, 30 Sexual assault 10, 31, 33 Felony 13, 18, 19, 20, 24, 25, 26, 31, 32, 34 Sexual harassment 24, 25, 32, 33 Fighting 10, 30 Short-barrel firearm Firearm 13, 18, 24, 25, 27, 29, 30, 31, 32, 33, 34 Silencer 24, 25, 30, 32 Fireworks 11 Special education 5, 23 Graduation 22 Spice 18 Handgun 24, 25, 29, 30 Stealing 13 Harassment 10, 18, 31, 33, 34 Terroristic threat 4, 19, 23, 26, 33, 34 Hazing 11, 31, 33 Tire deflation 24, 25, 32, 34 19, 31 Hit list device 9, 16, 27 In-school suspension Title 5 18, 19, 20, 26, 34 24, 25, 34 Indecency with a child Tobacco 11 18, 31, 33 Indecent exposure Transfer 9, 13, 19, 21, 23, 28 7, 10, 13, 29, 31, 32, 33 Intent Transfers 21, 23, 28 18 K2 Transportation 4, 5, 6, 9, 10, 15, 16, 22, 29, 32, 33 11, 18, 24, 25, 31, 32, 33 Knife Under the 17, 18, 19, 24, 25, 34 influence Use 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 22, 24, 25, 29, 30, 31, 32, 33, 34
Vandalizing 13
35 50 Withdrawal 5, 23, 28 Zip gun 24, 25, 32, 34
36 51
Powered by TCPDF (www.tcpdf.org) 52 53 54 55 56 HARLANDALE INDEPENDENT SCHOOL DISTRICT
TO: Members of the Board
FROM: Ricardo J. Hernandez, CPA Assistant Superintendent for Finance
PRESENTER: Nadine Wolfe, Director for Student Support Services and Special Programs
MEETING DATE: July 20, 2020
SUBJECT: Request to approve the memorandum of understanding (MOU) for recovery support services with Jewish Family Services.
BACKGROUND The District is requesting Board approval to enter into a formal contract with Rise Recovery, Jewish Family Services for mental health/wellness support services. The purpose of this MOU is to provide evidence-based recovery services to District students and families seeking recovery from substance use and addiction. They will also provide processes and procedures for implementing a collaborative mental health program in the Harlandale Care Center to include Licensed Staff to treat students, families and District staff for social-emotional and mental health support services. These two additional partners will collaborate with current District partners to provide an array of support services in Harlandale ISD. Services provided by this MOU were indicated as a need while conducting a mental health/wellness needs assessment.
RECOMMENDATION: Staff recommends approval of the memorandum of understanding for recovery support services with the Jewish Family Services. The funding will be from the 2019-2020 Title IV Grant Funds, which have been extended to an end date of September 30, 2021, for a total cost of $134,500.
Superintendent: √ Approved ______Rejected
Mr. Gerardo Soto Superintendent
57 HARLANDALE INDEPENDENT SCHOOL DISTRICT
TO: Members of the Board
FROM: Ricardo J. Hernandez, CPA Assistant Superintendent for Business
PRESENTER: Melissa Casey, Assistant Superintendent of Curriculum & Instruction Omar Leos, Fine Arts Coordinator Benjamin Mora, Purchasing Manager
MEETING DATE: July 20, 2020
SUBJECT: Request to award RFP 200004 for McCollum High School band uniforms.
BACKGROUND Music Programs within the District must provide high performance wear and uniforms for its musicians. These outfits go through many shows, accrue wear and tear over the years, which necessitates replacement. On June 23, 2014, the Board approved a budget initiative implementing a renewal schedule with a (6) year rotation cycle for uniforms and performance wear for all Music Programs within the District.
The recommended vendor, Stansbury, uses the Xtreme Dri technology that incorporates a synthetic performance-wear fabric, which is lighter than the competing products and keeps the body cooler. The coat uses Arecool lining which lifts moisture away from the body and keeps the body cooler in warm weather and warmer in cold weather. The materials used in terms of fabric are of better quality and consequently a better value for the District. The products are both machine washable and dry cleanable.
Proposals for RFP 200004 for the provision of McCollum High School band uniforms were opened on Thursday, May 28, 2020. After posting the District’s notice of intent in The Hart Beat and inviting two hundred seventy-five (275) vendors on the District’s online procurement portal to review the District’s requirements and offer proposals, three (3) vendors responded.
RECOMMENDATION In conjunction with the Curriculum and Instruction Department, staff recommends, based on best value to the District, that RFP 200004 for the provision of McCollum High School band uniforms be awarded to Stanbury Uniforms, LLC for a total estimated amount of $247,770. These uniforms will be funded from budgeted funds for the uniforms and program budgets in the General Fund.
Superintendent: √ Approved ______Rejected
Mr. Gerardo Soto, Superintendent
58
HARLANDALE INDEPENDENT SCHOOL DISTRICT
TO: Members of the Board
FROM: Ricardo J. Hernandez, CPA Assistant Superintendent for Business
PRESENTER: Kyle Blakeney, Executive Director of Maintenance and Operations Benjamin Mora, Purchasing Manager
MEETING DATE: July 20, 2020
SUBJECT: Request to continue a service agreement with National Roofing Partners (NRP) for roof consulting, assessments, site inspections, and project oversight of District roofing repairs and/or replacements through Omnia Partners purchasing cooperative (Contract # R180901).
BACKGROUND At the January 21, 2020 Regular Board Meeting, the Board approved Staff’s assessment and prioritization of facility repairs, maintenance and improvements. One of those critical areas was the repair and maintenance of building roofs throughout the District. As a result, staff entered into a services agreement with National Roofing Partners (NRP) via Omnia Partners Contract R180901 for roof consulting, assessments, projected costs of needs, and facilitation of bidding process through District approved cooperatives. As the District enters the phase of independent oversight and to ensure proper completion of the projects, it is recommended to incorporate these services with NRP. The estimated cost for all these services may be $80,000 based on need.
Purchases utilizing Omnia Partners Contract # R180901 meets or exceeds the State of Texas and Local procurement requirements for formal price competition.
RECOMMENDATION In conjunction with the MOST Department, staff requests to continue the service agreement with National Roofing Partners for roof consulting, assessments, projected costs of needs, facilitation of bidding process and independent oversight of District roofing repairs and/or replacements through Omnia Partners purchasing cooperative (Contract # R180901) at an estimated cost of $80,000.00 based on need. Funding for the roof repairs and/or replacement costs and related services is designated from the Settlement Funds.
Superintendent: √ Approved ______Rejected
Mr. Gerardo Soto Superintendent
59
HARLANDALE INDEPENDENT SCHOOL DISTRICT
TO: Members of the Board
FROM: Ricardo J. Hernandez, CPA Assistant Superintendent for Business
PRESENTER: Kyle Blakeney, Director of Maintenance Benjamin Mora, Purchasing Manager
MEETING DATE: July 20, 2020
SUBJECT: Request to approve the purchase and installation of canopy and playground equipment for Bellaire Elementary School through BuyBoard contract # 592-19 and the estimated appropriation $114,000 from the General Fund fund balance.
BACKGROUND At the January 21, 2020 Regular Board Meeting, the Board approved Staff’s assessment and prioritization of facility repairs, maintenance and improvements. One of those critical areas was to purchase and install playground equipment and canopies at the elementary schools. An immediate need to be addressed was the playground and canopy at Bellaire Elementary School.
Two (2) proposals were accepted from the Board approved purchasing cooperative awarded vendors.
Purchases utilizing BuyBoard Contract# 592-19 meets or exceeds the State of Texas and Local procurement requirements for formal price competition.
RECOMMENDATION In conjunction with the District’s MOST Department, staff recommends the purchase and installation of canopy and playground equipment for Bellaire Elementary School be granted to Park Place & Recreation under the BuyBoard Cooperative contract 592-19. The estimated cost is $114,000. Funding will be the from the General Fund fund balance.
Superintendent: √ Approved ______Rejected
Mr. Gerardo Soto Superintendent
60 HARLANDALE INDEPENDENT SCHOOL DISTRICT
TO: Members of the Board
FROM: Dr. Melinda Salinas, Executive Director of Human Resources
PRESENTER: Dr. Melinda Salinas, Executive Director of Human Resources
MEETING DATE: July 20, 2020
SUBJECT: T-TESS Appraisal Calendar
The Board will be asked to approve the 2020-2021 Appraisal Calendar for the Texas Teacher Evaluation and Support System (T-TESS).
I request approval for this agenda item.
Superintendent’s Recommendation x Approval
______Mr. Gerardo Soto, Superintendent
61 Harlandale ISD 2020-2021 T-TESS Appraisal Calendar
The appraisal calendar for the 2020-2021 school year is outlined below. Section 150.1003 of the Commissioner’s rules and Board Policy DNA (Legal) specifies the following: The appraisal period for each teacher must include all of the days of a teacher’s contract. Observations during the appraisal period must be conducted during the required days of instruction or students during one school year. The appraisal period: 1. Shall exclude the first three weeks of instruction; 2. Shall prohibit formal observations on the last day of instruction before any official school holiday, on the first day of instruction after a holiday, and during any standardized tests; 3. Shall indicate a period for summative annual conferences which ends no later than 15 working days before the last day of instruction for students. Section 150.1006 of the Commissioner’s rules specifies that all teachers must be provided with an orientation of the T-TESS no later than the final day of the first three weeks of school and at least three weeks before the first observation. A teacher new to the district shall be provided with an orientation of the T-TESS at least three weeks before the teacher’s first observation. Annual reviews shall be provided at least three weeks prior to the first formal observation. Post conferences cannot be waived by the teacher or appraiser.
Appraisal Period: September 16, 2020 to May 11, 2021 August 27, 2020: T-TESS formal observations begin May 11, 2021: Last day to hold End of Year Conferences
No Formal Observations Sept 4 & 8 Oct 2 & 12 Nov 12 & 16 Nov 20 & 30 Dec 18 & Jan 4 Jan 15 & 19 Feb 12 & 16 March 5 & 22 April 1 & 5 & 22 & 26
62 Harlandale ISD 2020-2021 T-TESS Appraisal Calendar - Aug 24 start date The appraisal calendar for the 2020-2021 school year is outlined below. Section 150.1003 of the Commissioner’s rules and Board Policy DNA (Legal) specifies the following: The appraisal period for each teacher must include all of the days of a teacher’s contract. Observations during the appraisal period must be conducted during the required days of instruction or students during one school year. The appraisal period: 1. Shall exclude the first three weeks of instruction; 2. Shall prohibit formal observations on the last day of instruction before any official school holiday, on the first day of instruction after a holiday, and during any standardized tests; 3. Shall indicate a period for summative annual conferences which ends no later than 15 working days before the last day of instruction for students. Section 150.1006 of the Commissioner’s rules specifies that all teachers must be provided with an orientation of the T-TESS no later than the final day of the first three weeks of school and at least three weeks before the first observation. A teacher new to the district shall be provided with an orientation of the T-TESS at least three weeks before the teacher’s first observation. Annual reviews shall be provided at least three weeks prior to the first formal observation. Post conferences cannot be waived by the teacher or appraiser.
Appraisal Period: September 14, 2020 to May 13, 2021 September 14, 2020: T-TESS formal observations begin May 13, 2021: Last day to hold End of Year Conferences
No Formal Observations Sept 4 & 8 Nov 20 & 30 Dec 18 & Jan 4 Jan 15 & 19 March 5 & 15 April 1 & 5 & 22 & 26
63 HARLANDALE INDEPENDENT SCHOOL DISTRICT
TO: Members of the Board
FROM: Dr. Melinda Salinas, Executive Director of Human Resources
PRESENTER: Dr. Melinda Salinas, Executive Director of Human Resources
MEETING DATE: July 20, 2020
SUBJECT: Teacher Evaluation and Support System (T-TESS) Appraisers Approval
The Board will be asked to approve the Teacher Evaluation and Support System (T-TESS) Appraisers for the 2020-2021 school year.
Assistant Principals Academic Deans Principals
I request the approval of this item.
Superintendent’s Recommendation X Approved
______Gerardo Soto, Superintendent
64 HARLANDALE INDEPENDENT SCHOOL DISTRICT
TO: Members of the Board
FROM: Dr. Melinda Salinas, Executive Director of Human Resources
PRESENTER: Dr. Melinda Salinas, Executive Director of Human Resources
MEETING DATE: July 20, 2020
SUBJECT: Signatories for Service Record and Correspondence Approval
The Board will be asked to authorize signatories for service records and correspondence with the Texas Education Agency for the 2020-2021 school year.
Gerardo Soto, Superintendent Richard Hernandez, Assistant Superintendent of Business Kyle Blakeney, Executive Director for Maintenance and Operations Melissa Casey, Assistant Superintendent of Curriculum and Instruction Dr. Melinda Salinas, Executive Director of Human Resources Rachel Turner, Human Resources Secondary Coordinator Faith Molina, Human Resources Auxiliary Coordinator Rita Uresti, Human Resources Elementary Coordinator Sandra Urquizo-Guerra, Talent Ed/AESOP Coordinator
I request approval of this agenda item.
Superintendent’s Recommendation: √ Approval
Mr. Gerardo Soto, Superintendent
65 HARLANDALE INDEPENDENT SCHOOL DISTRICT
TO: Members of the Board
FROM: Dr. Melinda Salinas, Executive Director of Human Resources
PRESENTER: Dr. Melinda Salinas, Executive Director of Human Resources
MEETING DATE: July 20, 2020
SUBJECT: School District Teaching Permits (SDTP)
The Board will be asked to consider and take possible action to delegate the authority to the superintendent to issue School District Teaching Permits (SDTP) for non certified individuals being considered for positions in Noncore Academic Career and Technical Education courses in accordance with district policy DBA (Legal).
This delegation of this authority would only be through Sept 30, 2020, to coincide with teacher hiring authority as granted to the superintendent at the April 21, 2020, board meeting.
SDTP will allow for the submission of a general state certificate teacher waiver. This waiver Allows a district to employee a person to teach without the necessary certification requirements for a limited time.
Valid only in the district where approved for a term of 1-3 years, maximum.
See next page for sample SDTP.
Superintendent’s Recommendation: ___x____ Approval
______Gerardo Soto, Superintendent
66
67 68 69 HARLANDALE INDEPENDENT SCHOOL DISTRICT
TO: Members of the Board
FROM: Dr. Melinda Salinas, Executive Director of Human Resources
PRESENTER: Dr. Melinda Salinas, Executive Director of Human Resources
MEETING DATE: July 20, 2020
SUBJECT: TASB Policy BBE (Local)
The Board will be asked to consider and take possible action to approve and adopt TASB Policy BBE (Local) for first reading and action with waiver for second reading
BBE (Local) Board Members – Authority
Superintendent’s Recommendation: ___x____ Approval
______Gerardo Soto, Superintendent
70 Harlandale ISD 015904
BOARD MEMBERS BBE AUTHORITY (LOCAL)
Board Authority The Board has final authority to determine and interpret the poli- cies that govern the schools and, subject to the mandates and lim- its imposed by state and federal authorities, has complete and full control of the District. Board action shall be taken only in meetings that comply with the Open Meetings Act. [See BE(LEGAL)] Transacting When a proposal is presented to the Board, the Board shall hold a Business discussion and reach a decision. Although there may be dissenting votes, which are a matter of public record, each Board decision shall be an action by the whole Board binding upon each member. Individual Authority Board members as individuals shall not exercise authority over the for Committing the District, its property, or its employees. Except for appropriate duties Board and functions of the Board President, an individual member may act on behalf of the Board only with the express authorization of the Board. Without such authorization, no individual member may commit the Board on any issue. [See BDAA] Individual Access to An individual Board member, acting in his or her official capacity, Information shall have the right to seek information pertaining to District fiscal affairs, business transactions, governance, and personnel matters, including information that properly may be withheld from members of the public in accordance with the Public Information Chapter of the Government Code. [See GBA] Limitations If a Board member is not acting in his or her official capacity, the Board member has no greater right to District records than a mem- ber of the public. An individual Board member shall not have access to confidential student records unless the member is acting in his or her official capacity and has a legitimate educational interest in the records in accordance with policy FL. A Board member who is denied access to a record under this pro- vision may ask the Board to determine whether the record should be provided or may file a request under the Public Information Act. [See GBAA] Requests for An individual Board member shall seek access to records or re- Records quest copies of records from the Superintendent or other desig- nated custodian of records, who shall respond within the time frames required by law. When a custodian of records other than the Superintendent provides access to records or copies of records to an individual Board member, the provider shall inform the Super- intendent of the records provided. In accordance with law, the District shall track and report any re- quests under this provision, including the cost of responding to one
DATE ISSUED: 6/10/2019 1 of 2 UPDATE 113 BBE(LOCAL)-A 71 Harlandale ISD 015904
BOARD MEMBERS BBE AUTHORITY (LOCAL)
or more requests by any individual Board member for 200 or more pages of material in a 90-day period. Requests for No individual Board member shall direct or require District employ- Reports ees to prepare reports derived from an analysis of information in existing District records or to create a new record compiled from in- formation in existing District records. Directives to the Superinten- dent or other custodian of records regarding the preparation of re- ports shall be by Board action. Confidentiality At the time a Board member is provided access to records or re- ports that are confidential or otherwise not subject to public disclo- sure [see GBA], the Superintendent or other District employee shall advise the Board member of the responsibility to comply with confidentiality requirements and the District’s information security controls. Referring If employees, parents, students, or other members of the public Complaints bring concerns or complaints to an individual Board member, he or she shall refer them to the Superintendent or another appropriate administratorSuperintendent’s designee, who shall proceed ac- cording to the applicable complaint policy. [See (LOCAL) policies at DGBA, FNG, and GF] When the concern or complaint directly pertains to the Board’s own actions or policy, for which there is no administrative remedy, the Board member may request that the issue be placed on the agenda. Visits to District A Board member shall adhere to any posted requirements for visi- Facilities tors to first report to the main office of a District facility, including a school campus, and shall give notice to the Superintendent prior to any such visit. Visits during the school or business day shall not be permitted if their duration or frequency interferes with the delivery of instruction or District operations. [See also GKC]
DATE ISSUED: 6/10/2019 ADOPTED: 2 of 2 UPDATE 113 BBE(LOCAL)-A 72