The Student Code of Conduct is the district’s response to the 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.

This Student Code of Conduct has been adopted by the Three Rivers ISD Board of Trustees and developed with the advice of the district-level committee.  This Code provides information to parents and students regarding standards of conduct, consequences of misconduct, and procedures for administering discipline.

In accordance with state law, the Code will be posted at each school campus or will be available for review at the office of the campus principal.  Parents will be notified of any conduct violation that may result in a student being suspended, placed in a DAEP, or expelled.

Because the Student Code of Conduct is adopted by the district’s board of trustees it has the force of policy; therefore, in case of conflict between the Code and the student handbook, the Code will prevail.

Please Note:  The discipline of students with disabilities who are eligible for services under federal law (Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973) is subject to the provisions of those laws.

School rules and the authority of the district to administer discipline apply whenever the interest of the district is involved, on or off school grounds, in conjunction with or independent of classes and school-sponsored activities.

The district has disciplinary authority over a student:

1.      During the regular school day and while the student is going to and from school on district transportation;

2.      During lunch periods in which a student is allowed to leave campus;

3.      While the student is in attendance at any school-related activity, regardless of time or location;

4.      For any school-related misconduct, regardless of time or location;

5.      When retaliation against a school employee or volunteer occurs or is threatened, regardless of time or location;

6.      When criminal mischief is committed on or off school property or at a school-related event;

7.      For certain offenses committed within 300 feet of school property as measured from any point on the school’s real property boundary line;

8.      For certain offenses committed while on school property or while attending a school-sponsored or school-related activity of another district in Texas; and

9.      When the student commits a felony, as provided by Texas Education Code 37.006 or 37.0081.

The district has the right to search a vehicle driven to school by a student and parked on school property whenever there is reasonable cause to believe it contains articles or materials prohibited by the district.

The district has the right to search a student’s locker when there is reasonable cause to believe it contains articles or materials prohibited by the district.

School administrators will report crimes as required by law and will call local law enforcement when an administrator suspects that a crime has been committed on campus.

The district has the right to revoke the transfer of a nonresident student for violating the district’s Code.

Each student is expected to:

·        Demonstrate courtesy, even when others do not.

·        Behave in a responsible manner, always exercising self-discipline.

·        Attend all classes, regularly and on time.

·        Prepare for each class; take appropriate materials and assignments to class.

·        Meet district and campus standards of grooming and dress.

·        Obey all campus and classroom rules.

·        Respect the rights and privileges of students, teachers, and other district staff and volunteers.

·        Respect the property of others, including district property and facilities.

·        Cooperate with and assist the school staff in maintaining safety, order, and discipline.

·        Adhere to the requirements of the Student Code of Conduct.

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

The district prohibits the following:

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

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

·        Disobeying rules for conduct on school buses.

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

·        Using profanity or vulgar language or making obscene gestures.

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

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

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

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

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

·        Hazing. (See glossary)

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

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

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

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

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

·        Stealing from students, staff, or the school.

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

·        Possessing or using:

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

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

·        a “look-alike” weapon;

·        an air gun or BB gun;

·        ammunition;

·        a stun gun;

·        a pocketknife;

·        mace or pepper spray;

·        pornographic material;

·        tobacco products;

·        matches or a lighter;

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

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

·        Displaying, turning on, or using a cellular telephone or other telecommunications device on school property during the school day.

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

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

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

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

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

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

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

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

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

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

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

·        Making false accusations or perpetrating hoaxes regarding school safety.

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

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

·        Discharging a fire extinguisher without valid cause.

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

·        Cheating or copying the work of another.

·        Gambling.

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

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

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

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

Discipline will be designed to improve conduct and to encourage students to adhere to their responsibilities as members of the school community.  Disciplinary action will draw on the professional judgment of teachers and administrators and on a range of discipline management techniques.  Discipline will be correlated to the seriousness of the offense, the student’s age and grade level, the frequency of misbehavior, the student’s attitude, the effect of the misconduct on the school environment, and statutory requirements.

Because of these factors, discipline for a particular offense (unless otherwise specified by law) may bring into consideration varying techniques and responses.

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

In accordance with the Education Code, a student who is enrolled in a special education program may not be disciplined for conduct meeting the definition of bullying, harassment, or making hit lists (see glossary) until an ARD committee meeting has been held to review the conduct.

In deciding whether to order suspension, DAEP placement, or expulsion the district will take into consideration a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.

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

·        Verbal (oral or written) correction.

·        Cooling-off time or “time-out.”

·        Seating changes within the classroom.

·        Temporary confiscation of items that disrupt the educational process.

·        Rewards or demerits.

·        Behavioral contracts.

·        Counseling by teachers, counselors, or administrative personnel.

·        Parent-teacher conferences.

·        Detention.

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

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

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

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

·        Withdrawal or restriction of bus privileges.

·        School-assessed and school-administered probation.

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

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

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

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

·        Other strategies and consequences as determined by school officials.

The principal or appropriate administrator will notify a student’s parent by phone or in writing of any violation that may result in a suspension, placement in a DAEP, or expulsion. Notification will be made within three school days after the administrator becomes aware of the violation.

Parental questions or complaints regarding disciplinary measures should be addressed to the teacher or campus administration, as appropriate, and in accordance with policy FNG(LOCAL).  A copy of the policy may be obtained from the principal’s office or the central administration office or through Policy On Line at the following address: http://www.trisd.esc2.net.

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

In addition to other discipline management techniques, misconduct may result in removal from the regular educational setting in the form of a routine referral or a formal removal.

A routine referral occurs when a teacher sends a student to the principal’s office as a discipline management technique.  The principal may then employ additional techniques.

A teacher or administrator may remove a student from class for a behavior that violates this Code to maintain effective discipline in the classroom.  A teacher may also initiate a formal removal from class if:

1.      The student’s behavior has been documented by the teacher as repeatedly interfering with the teacher’s ability to teach his or her class; or

2.      The behavior is so unruly, disruptive, or abusive that the teacher cannot teach, and the students in the classroom cannot learn.

A teacher or administrator must remove a student from class if the student engages in behavior that under the Education Code requires or permits the student to be placed in a DAEP or expelled.  When removing for those reasons, the procedures in the subsequent sections on DAEP or expulsion will be followed.  Otherwise, within three school days of the formal removal, the appropriate administrator will schedule a conference with the student’s parent; the student; the teacher, in the case of removal by a teacher; and any other administrator.

At the conference, the appropriate administrator will inform the student of the misconduct for which he or she is charged and the consequences.  The administrator will give the student an opportunity to give his or her version of the incident.

When a student is removed from the regular classroom by a teacher and a conference is pending, the principal may place the student in:

·        Another appropriate classroom

·        In-school suspension

·        Out-of-school suspension

·        DAEP

When a student has been formally removed from class by a teacher for conduct against the teacher containing the elements of assault, aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, or criminal attempt to commit murder or capital murder, the student may not be returned to the teacher’s class without the teacher’s consent.

When a student has been formally removed by a teacher for any other conduct, the student may 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 available.

Students may be suspended for any behavior listed in the Code as a general conduct violation, DAEP offense, or expellable offense.

In deciding whether to order suspension, the district will take into consideration:

1.      Self-defense (see glossary),

2.      Intent or lack of intent at the time the student engaged in the conduct, and

3.      The student’s disciplinary history.

State law allows a student to be suspended for no more than three school days per behavior violation, with no limit on the number of times a student may be suspended in a semester or school year.

Before being suspended a student will have an informal conference with the appropriate administrator who shall advise the student of the conduct of which he or she is accused.  The student will be given the opportunity to explain his or her version of the incident before the administrator’s decision is made.

The number of days of a student’s suspension will be determined by the appropriate administrator, but will not exceed three school days.

The appropriate administrator will determine any restrictions on participation in school-sponsored or school-related extracurricular and co-curricular activities.

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

In deciding whether to order placement in a DAEP, the district will take into consideration:

1.      Self-defense (see glossary),

2.      Intent or lack of intent at the time the student engaged in the conduct, and

3.      The student’s disciplinary history.

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

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

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

·        Involvement in a public school fraternity, sorority, or secret society, including participating as a member or pledge, or soliciting another person to become a pledge or member of a public school fraternity, sorority, or secret society.

·        Any criminal mischief, including a felony.

In accordance with state law, a student may be placed in a DAEP if the superintendent or the superintendent’s designee has reasonable belief (see glossary) that the student has engaged in conduct punishable as a felony, other than those listed as offenses involving injury to a person in Title 5 (see glossary) of the Texas Penal Code, that occurs off school property and not at a school-sponsored or school-related event, if the student’s presence in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.

The appropriate administrator may, but is not required to, place a student in a DAEP for off-campus conduct for which DAEP placement is required by state law if the administrator does not have knowledge of the conduct before the first anniversary of the date the conduct occurred.

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

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

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

The board or the board’s designee must determine that the student’s presence in the regular classroom:

1.      Threatens the safety of other students or teachers,

2.      Will be detrimental to the educational process, or

3.      Is not in the best interest of the district’s students.

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

1.      The date on which the student’s conduct occurred,

2.      The location at which the conduct occurred,

3.      Whether the conduct occurred while the student was enrolled in the district, or

4.      Whether the student has successfully completed any court disposition requirements imposed in connection with the conduct.

A student must be placed in a DAEP if the student:

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

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

·        Engages in conduct punishable as a felony.

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