New Diana
Intermediate School

“Home of the Tween-Agers”
STUDENT/PARENT HANDBOOK &
NDISD CODE OF CONDUCT
2011-2012
Table of Contents
TOC \o "1-5" \h \z \u PREFACE
SECTION I: PARENTAL RIGHTS AND RESPONSIBILITIES
Parent Involvement Coordinator
Obtaining Information and Protecting Student Rights
“Opting Out” of Surveys and Activities
Requesting Professional Qualifications of Teachers and Staff
Reviewing Instructional Materials
Displaying a Student’s Artwork and Projects
Granting Permission to Video or Audio Record a Student
Granting Permission to Receive Parenting and Paternity Awareness Instruction
Removing a Student Temporarily from the Classroom
Removing a Student from Human Sexuality Instruction
Excusing a Student from Reciting the Pledges to the U.S. and Texas Flags
Excusing a Student from Reciting a Portion of the Declaration of Independence
Requesting Notices of Certain Student Misconduct
Prohibiting the Use of Corporal Punishment
Requesting Classroom Assignment for Multiple Birth Siblings
Parents of Students with Disabilities
Accommodations for Children of Military Families
Directory Information for School-Sponsored Purposes
SECTION II: OTHER IMPORTANT INFORMATION FOR STUDENTS AND PARENTS
Exemptions to Compulsory Attendance
Failure to Comply with Compulsory Attendance
Parent’s Note after an Absence
Doctor’s Note after an Absence for Illness
Driver License Attendance Verification
Prohibiting the Use of Corporal Punishment
CONTAGIOUS DISEASES / CONDITIONS
Psychological Exams, Tests, or Treatment
CREDIT BY EXAM—If a Student Has Taken the Course
CREDIT BY EXAM—If a Student Has Not Taken the Course
DATING VIOLENCE, DISCRIMINATION, HARASSMENT, AND RETALIATION
DISTRIBUTION OF PUBLISHED MATERIALS OR DOCUMENTS
Nonschool Materials...from students
Nonschool Materials...from others
Possession and Use of Other Personal Electronic Devices
Instructional Use of Personal Telecommunications and Other Electronic Devices
Acceptable Use of District Technology Resources
Unacceptable and Inappropriate Use of Technology Resources
EXTRACURRICULAR ACTIVITIES, CLUBS, AND ORGANIZATIONS
Physical Activity for Students in Elementary and Middle School
School Health Advisory Council (SHAC)
Notification of Law Violations
LIMITED ENGLISH PROFICIENT STUDENTS
Makeup Work Because of Absence
In-school Suspension (ISS) Makeup Work
PHYSICAL EXAMINATIONS / HEALTH SCREENINGS
PLEDGES OF ALLEGIANCE AND A MINUTE OF SILENCE
RELEASE OF STUDENTS FROM SCHOOL
REPORT CARDS / PROGRESS REPORTS AND CONFERENCES
Drills: Fire, Tornado, and Other Emergencies
Emergency Medical Treatment and Information
Emergency School-Closing Information
Use by Students Before and After School
Conduct Before and After School
Use of Hallways During Class Time
Meetings of Noncurriculum-Related Groups
STAAR (State of Texas Assessments of Academic Readiness)
End-of-Course (EOC) Assessments for Students in Grades 9–12
STUDENTS IN PROTECTIVE CUSTODY OF THE STATE
TEXTBOOKS, ELECTRONIC TEXTBOOKS, AND TECHNOLOGICAL EQUIPMENT
Buses and Other School Vehicles
Visitors Participating in Special Programs for Students
School District Authority and Jurisdiction
Possession of Prohibited Items
Possession of Telecommunications or Other Electronic Devices
Illegal, Prescription, and Over-the-Counter Drugs
Misuse of Technology Resources and the Internet
Returning Student to Classroom
Disciplinary Alternative Education Program (DAEP) Placement
Discretionary Placement: Misconduct That May Result in DAEP Placement
Misconduct Identified in State Law
Mandatory Placement: Misconduct That Requires DAEP Placement
Sexual Assault and Campus Assignments
Notice of Criminal Proceedings
Placement and/or Expulsion for Certain Serious Offenses
Discretionary Expulsion: Misconduct That May Result in Expulsion
At School, Within 300 Feet, or at a School Event
Mandatory Expulsion: Misconduct That Requires Expulsion
Emergency Expulsion Procedures
DAEP Placement of Expelled Students
To Students and Parents:
Welcome to school year 2011-2012! Education is a team effort, and we know that students, parents, teachers, and other staff members all working together can make this a wonderfully successful year for our students.
The New Diana Intermediate School Student Handbook is designed to provide a resource for some of the basic information that you and your child will need during the school year. In an effort to make it easier to use, the handbook is divided into two sections:
Section I—PARENTAL RIGHTS AND RESPONSIBILITIES—with information to assist you in responding to school-related issues. We encourage you to take some time to closely review this section of the handbook.
Section II—OTHER IMPORTANT INFORMATION FOR STUDENTS AND PARENTS—organized alphabetically by topic for quick access when searching for information on a specific issue.
Please be aware that the term “the student’s parent” is used to refer to the parent, legal guardian, or any other person who has agreed to assume school-related responsibility for a student.
Both students and parents should become familiar with the New Diana ISD Student Code of Conduct, which is a document adopted by the board and intended to promote school safety and an atmosphere for learning. That document may be found as an attachment to this handbook and [posted at www.ndisd.org or available in the principal’s office].
The Student Handbook is designed to be in harmony with board policy and the Student Code of Conduct. Please be aware that the handbook is updated yearly, while policy adoption and revision may occur throughout the year. Changes in policy or other rules that affect Student Handbook provisions will be made available to students and parents through newsletters or other communications.
In case of conflict between board policy (including the Student Code of Conduct) and any provisions of the Student Handbook, the current provisions of board policy and the Student Code of Conduct are to be followed.
After reading through the entire handbook with your child, keep it as a reference during this school year. If you or your child has questions about any of the material in this handbook, please contact the principal, Donna McGuire.
Also, please complete and return to your child’s campus the following required forms provided in the forms packet accompanying this handbook
1. Parental Acknowledgment Form
2. Home Language Survey
3. Acceptable Use Policy
4. Use of Student Work and Publications
5. Student Directory Information and Release of Student Information Form
6. Media Release
7. Free and Reduced Lunch Forms
8. Drug Free form
9. Title 1 Family School Compact
10. Ethnicity Form
11. Emergency Medical Release Consent
12. Required Family Survey
13. Student Release Authorization – Campus
14. PTO Membership
[See Obtaining Information and Protecting Student Rights on page 4 and Directory Information on page 10 for more information.]
Please note that references to policy codes are included so that parents can refer to current board policy. A copy of the district’s policy manual is available for review in the school office or online at www.ndisd.org .
This section of the New Diana Intermediate School Student Handbook includes information on topics of particular interest to you as a parent.
Both experience and research tell us that a child’s education succeeds best when there is good communication and a strong partnership between home and school. Your involvement in this partnership may include:
· Encouraging your child to put a high priority on education and working with your child on a daily basis to make the most of the educational opportunities the school provides.
· Ensuring that your child completes all homework assignments and special projects and comes to school each day prepared, rested, and ready to learn.
· Becoming familiar with all of your child’s school activities and with the academic programs, including special programs, offered in the district.
· Discussing with the counselor or principal any questions you may have about the options and opportunities available to your child.
· Reviewing the requirements of the graduation programs with your child, if your child is entering ninth grade.
· Monitoring your child’s academic progress and contacting teachers as needed. [See Academic Counseling on page 18 and Academic Programs on page 14.]
· Attending scheduled conferences and requesting additional conferences as needed. To schedule a telephone or in-person conference with a teacher, counselor, or principal, please call the school office at (903) 663-8003 for an appointment. The teacher will usually return your call or meet with you during his or her conference period or before or after school. [See Report Cards/Progress Reports and Conferences on page 34.]
· Becoming a school volunteer. [For further information, see policies at GKG and contact Cindy Hudgins at New Diana Intermediate School at 903-663-8003 or chudgins@ndisd.org
· Participating in campus parent organizations. Parent organizations include: Parent Teacher Organization (PTO), Campus Decision Making Team, Title I meetings
· Serving as a parent representative on the district-level or campus-level planning committees, assisting in the development of educational goals and plans to improve student achievement. For further information, see policies at BQA and BQB, and contact Joyce Sloan, superintendent. (903) 663-8000 jsloan@ndisd.org
· Serving on the School Health Advisory Council, assisting the district in ensuring local community values are reflected in health education instruction. [See policies at BDF, EHAA, FFA, and information in this handbook at School Health Advisory Council on page 27.]
· Attending board meetings to learn more about district operations. [See policies at BE and BED for more information.]
The Parent Involvement Coordinator, who works with parents of students participating in Title I programs is Holly Duncan and may be contacted at (903) 663-8000 hduncan@ndisd.org
Your child will not be required to participate without parental consent in any survey, analysis, or evaluation—funded in whole or in part by the U.S. Department of Education—that concerns:
· Political affiliations or beliefs of the student or the student’s parent.
· Mental or psychological problems of the student or the student’s family.
· Sexual behavior or attitudes.
· Illegal, antisocial, self-incriminating, or demeaning behavior.
· Critical appraisals of individuals with whom the student has a close family relationship.
· Relationships privileged under law, such as relationships with lawyers, physicians, and ministers.
· Religious practices, affiliations, or beliefs of the student or parents.
· Income, except when the information is required by law and will be used to determine the student’s eligibility to participate in a special program or to receive financial assistance under such a program.
You will be able to inspect the survey or other instrument and any instructional materials used in connection with such a survey, analysis, or evaluation. [For further information, see policy EF(LEGAL).]
As a parent, you have a right to receive notice of and deny permission for your child’s participation in:
· Any survey concerning the private information listed above, regardless of funding.
· School activities involving the collection, disclosure, or use of personal information gathered from your child for the purpose of marketing or selling that information.
· Any nonemergency, invasive physical examination or screening required as a condition of attendance, administered and scheduled by the school in advance and not necessary to protect the immediate health and safety of the student. Exceptions are hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under state law. [See policies EF and FFAA.]
As a parent, you may inspect a survey created by a third party before the survey is administered or distributed to your child.
You may request information regarding the professional qualifications of your child’s teachers, including whether a teacher has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction; whether the teacher has an emergency permit or other provisional status for which state requirements have been waived; and undergraduate and graduate degree majors, graduate certifications, and the field of study of the certification or degree. You also have the right to request information about the qualifications of any paraprofessional who may provide services to your child.
As a parent, you have a right to review teaching materials, textbooks, and other teaching aids and instructional materials used in the curriculum, and to examine tests that have been administered to your child.
[Also see Removing a Student from Human Sexuality Instruction on page 6 for additional information.]
Teachers may display students’ work in classrooms or elsewhere on campus as recognition of student achievement. The district will seek parental consent before displaying students’ artwork, special projects, photographs taken by students, and the like on the district’s Web site, in printed material, by video, or by any other method of mass communication.
You may review your child’s student records. These records include:
· Attendance records,
· Test scores,
· Grades,
· Disciplinary records,
· Counseling records,
· Psychological records,
· Applications for admission,
· Health and immunization information,
· Other medical records,
· Teacher and counselor evaluations,
· Reports of behavioral patterns, and
· State assessment instruments that have been administered to your child.
[See Student Records on page 8.]
As a parent, you may grant or deny any written request from the district to make a video or voice recording of your child. State law, however, permits the school to make a video or voice recording without parental permission for the following circumstances:
· When it is to be used for school safety;
· When it relates to classroom instruction or a cocurricular or extracurricular activity; or
· When it relates to media coverage of the school.
As a parent, if your child is under the age of 14, you must grant permission for your child to receive instruction in the district’s parenting and paternity awareness program or your child will not be allowed to participate in the instruction. This program, developed by the Office of the Texas Attorney General and the State Board of Education (SBOE), is incorporated into the district’s health education classes.
You may remove your child temporarily from the classroom if an instructional activity in which your child is scheduled to participate conflicts with your religious or moral beliefs. The removal cannot be for the purpose of avoiding a test and may not extend for an entire semester. Further, your child must satisfy grade-level and graduation requirements as determined by the school and by the Texas Education Agency.
As a part of the district’s curriculum, students receive instruction related to human sexuality. The School Health Advisory Council (SHAC) is involved with the selection of course materials for such instruction.
State law requires that any instruction related to human sexuality, sexually transmitted diseases, or human immunodeficiency virus or acquired immune deficiency syndrome must:
· Present abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age;
· Devote more attention to abstinence from sexual activity than to any other behavior;
· Emphasize that abstinence is the only method that is 100 percent effective in preventing pregnancy, sexually transmitted diseases, and the emotional trauma associated with adolescent sexual activity;
· Direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is the most effective way to prevent pregnancy and sexually transmitted diseases; and
· If included in the content of the curriculum, teach contraception and condom use in terms of human use reality rates instead of theoretical laboratory rates.
In accordance with state law, below is a summary of the district’s curriculum regarding human sexuality instruction:
Students who elect to take health education are required by state law to receive Parenting and Paternity Awareness P.A.P.A. Parents may access information to this curriculum by going to http://www.oag.state.tx.us/cs/ofi/papa/ or can contact Holly Duncan, Director of Curriculum and Special Programs at (903) 663-8000 to receive a copy of the curriculum.
As a parent, you are entitled to review the curriculum materials. In addition, you may remove your child from any part of this instruction with no academic, disciplinary, or other penalties. You may also choose to become more involved with the development of curriculum used for this purpose by becoming a member of the district’s SHAC. Please see the campus principal for additional information.
As a parent, you may request that your child be excused from participation in the daily recitation of the Pledge of Allegiance to the United States flag and the Pledge of Allegiance to the Texas flag. The request must be in writing. State law does not allow your child to be excused from participation in the required minute of silence or silent activity that follows. [See Pledges of Allegiance and a Minute of Silence on page 32 and policy EC(LEGAL).]
You may request that your child be excused from recitation of a portion of the Declaration of Independence. State law requires students in social studies classes in grades 3–12 to recite a portion of the text of the Declaration of Independence during Celebrate Freedom Week unless (1) you provide a written statement requesting that your child be excused, (2) the district determines that your child has a conscientious objection to the recitation, or (3) you are a representative of a foreign government to whom the United States government extends diplomatic immunity. [See policy EHBK(LEGAL).]
A noncustodial parent may request in writing that he or she be provided, for the remainder of the school year, a copy of any written notice usually provided to a parent related to his or her child’s misconduct that may involve placement in a disciplinary alternative education program (DAEP) or expulsion. [See policy FO(LEGAL) and the Student Code of Conduct.]
Corporal punishment – spanking or paddling the student – may be used as a discipline management technique in accordance with the Student code of Conduct and policy FO (local) in the district’s policy manual.
If you do not want corporal punishment to be administered to your child as a method of student discipline, a signed statement must be provided each year.
You may choose to revoke this request at any time during the year by providing a signed statement to the campus principal. However, district personnel may chose to use discipline methods other than corporal punishment even if the parent request that this method be used on the student.
As a parent, you have a right:
· To request the transfer of your child to another classroom or campus if your child has been determined by the board or its designee to have been a victim of bullying as the term is defined by Education Code 25.0341. Transportation is not provided for a transfer to another campus. See the superintendent or designee for information. [See policy FDB.]
[See Bullying on page 15, and policy FFI(LOCAL).]
· To request the transfer of your child to attend a safe public school in the district if your child attends school at a campus identified by TEA as persistently dangerous or if your child has been a victim of a violent criminal offense while at school or on school grounds. [See policy FDE(LOCAL).]
· To request the transfer of your child to another campus or a neighboring district if your child has been the victim of a sexual assault by another student assigned to the same campus, whether that assault occurred on or off campus, and that student has been convicted of or placed on deferred adjudication for that assault. [See policy FDE.]
As a parent, if your children are multiple birth siblings (e.g., twins, triplets, etc.) assigned to the same grade and campus, you may request that they be placed either in the same classroom or in separate classrooms. Your written request must be submitted no later than the 14th day after the enrollment of your children. [See policy FDB(LEGAL).]
Parents of students with learning difficulties or who may need special education services may request an evaluation for special education at any time. For more information, see Special Programs on page 37 and contact Holly Duncan at hduncan@ndisd.org (903) 663-8000
If a child is experiencing learning difficulties, the parent may contact the person listed below to learn about the district’s overall general education referral or screening system for support services. This system links students to a variety of support options, including referral for a special education evaluation. Students having difficulty in the regular classroom should be considered for tutorial, compensatory, and other academic or behavior support services that are available to all students including a process based on Response to Intervention (RtI). The implementation of RtI has the potential to have a positive impact on the ability of school districts to meet the needs of all struggling students.
At any time, a parent is entitled to request an evaluation for special education services. Within a reasonable amount of time, the district must decide if the evaluation is needed. If the evaluation is needed, the parent will be notified and asked to provide informed written consent for the evaluation. The district must complete the evaluation and the report within 60 calendar days of the date the district receives the written consent. The district must give a copy of the report to the parent.
If the district determines that the evaluation is not needed, the district will provide the parent with prior written notice that explains why the child will not be evaluated. This written notice will include a statement that informs the parents of their rights, if they disagree with the district. The district is required to give parents the Notice of Procedural Safeguards—Rights of Parents of Students with Disabilities. Additional information regarding the Individuals with Disabilities Education Act (IDEA) is available from the school district in a companion document, A Guide to the Admission, Review, and Dismissal Process.
The following Web sites provide information to those who are seeking information and resources specific to students with disabilities and their families:
· Texas Project First, at http://www.texasprojectfirst.org/
· Partners Resource Network, at http://www.partnerstex.org/howPRNhelps.html
The designated person to contact regarding options for a child experiencing learning difficulties or a referral for evaluation for special education is Brandy Camp at (903) 663-8000.
If a student is receiving special education services at a campus outside his or her attendance zone, the parent or guardian may request that any other student residing in the household be transferred to the same campus, if the appropriate grade level for the transferring student is offered on that campus. [See policy FDB(LOCAL).]
Children of military families will be provided flexibility regarding certain district requirements, including:
· Immunization requirements.
· Grade level, course, or educational program placement.
· Eligibility requirements for participation in extracurricular activities.
· Graduation requirements.
In addition, absences related to a student visiting with his or her parent related to leave or deployment activities may be excused by the district. The district will permit no more than 10 excused absences per year for this purpose. Should extenuating circumstances arise, additional days may be granted by the superintendent.
Additional information may be found at http://www.tea.state.tx.us/index2.asps?id=7995
Both federal and state laws safeguard student records from unauthorized inspection or use and provide parents and eligible students certain rights of privacy. Before disclosing any personally identifiable information from a student’s records, the district must verify the identity of the person, including a parent or the student, requesting the information. For purposes of student records, an “eligible” student is one who is 18 or older OR who is attending an institution of postsecondary education.
Virtually all information pertaining to student performance, including grades, test results, and disciplinary records, is considered confidential educational records. Release is restricted to:
· The parents—whether married, separated, or divorced—unless the school is given a copy of a court order terminating parental rights or the right to access a student’s education records.
Federal law requires that, as soon as a student becomes 18, is emancipated by a court, or enrolls in a postsecondary institution, control of the records goes to the student. The parents may continue to have access to the records, however, if the student is a dependent for tax purposes and under limited circumstances when there is a threat to the health and safety of the student or other individuals.
· District school officials who have what federal law refers to as a “legitimate educational interest” in a student’s records. School officials would include trustees and employees, such as the superintendent, administrators, and principals; teachers, counselors, diagnosticians, and support staff; a person or company with whom the district has contracted or allowed to provide a particular service or function (such as an attorney, consultant, auditor, medical consultant, therapist, or volunteer); a parent or student serving on a school committee; or a parent or student assisting a school official in the performance of his or her duties. “Legitimate educational interest” in a student’s records includes working with the student; considering disciplinary or academic actions, the student’s case, or an individualized education program for a student with disabilities; compiling statistical data; reviewing an educational record to fulfill the official’s professional responsibility; or investigating or evaluating programs.
· Various governmental agencies, including juvenile service providers
· Individuals granted access in response to a subpoena or court order.
· A school or institution of postsecondary education to which a student seeks or intends to enroll or in which he or she is already enrolled.
Release to any other person or agency—such as a prospective employer or for a scholarship application—will occur only with parental or student permission as appropriate.
The principal is custodian of all records for currently enrolled students at the assigned school. The principal or superintendent is the custodian of all records for students who have withdrawn or graduated.
Records may be inspected by a parent or eligible student during regular school hours. The records custodian or designee will respond to reasonable requests for explanation and interpretation of the records.
A parent or eligible student who provides a written request and pays copying costs of ten cents per page may obtain copies. If circumstances prevent inspection during regular school hours and the student qualifies for free or reduced-price meals, the district will either provide a copy of the records requested or make other arrangements for the parent or student to review these records. The address of the superintendent’s office is 1376 US Highway 259 South, Diana, Texas 75640.
The address(es) of the principals’ offices are:
Robert F. Hunt Elementary 11150 State Highway 154 East, Diana, Texas 75640
New Diana Intermediate School, 1379 US Highway 259 South, Diana, Texas 75640
New Diana Middle School, 11854 State Highway 154 East, Diana, Texas 75640
New Diana High School, 11826 State Highway 154 East, Diana, Texas 75640
A parent (or eligible student) may inspect the student’s records and request a correction if the records are considered inaccurate, misleading, or otherwise in violation of the student’s privacy rights. A request to correct a student’s record should be submitted to the principal. The request must clearly identify the part of the record that should be corrected and include an explanation of how the information in the record is inaccurate. If the district denies the request to amend the records, the parent or eligible student has the right to request a hearing. If the records are not amended as a result of the hearing, the parent or eligible student has 30 school days to exercise the right to place a statement commenting on the information in the student’s record. Although improperly recorded grades may be challenged, contesting a student’s grade in a course is handled through the general complaint process found in policy FNG(LOCAL). A grade issued by a classroom teacher can be changed only if, as determined by the board of trustees, the grade is arbitrary, erroneous, or inconsistent with the district’s grading policy. [See FINALITY OF GRADES at FNG(LEGAL), Report Cards/Progress Reports and Conferences on page 34, and Student or Parent Complaints and Concerns on page 16 for an overview of the process.]
The district’s policy regarding student records found at FL(LEGAL) and (LOCAL) is available from the principal’s or superintendent’s office or on the district’s Web site at www.ndisd.org .
The parent’s or eligible student’s right of access to and copies of student records do not extend to all records. Materials that are not considered educational records—such as a teacher’s personal notes about a student that are shared only with a substitute teacher—do not have to be made available to the parents or student.
Please note:
Parents or eligible students have the right to file a complaint with the U.S. Department of Education if they believe the district is not in compliance with federal law regarding student records. The complaint may be mailed to:
Family Policy Compliance
Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
The law permits the district to designate certain personal information about students as “directory information.” This “directory information” will be released to anyone who follows procedures for requesting it.
However, release of a student’s directory information may be prevented by the parent or an eligible student. This objection must be made in writing to the principal within ten school days of your child’s first day of instruction for this school year. [See the “Notice Regarding Directory Information and Parent’s Response Regarding Release of Student Information” included in this handbook and included in the forms packet.
The district often needs to use student information for the following school-sponsored purposes: District publications and announcements.
For these specific school-sponsored purposes, the district would like to use the following:
· Student’s name
· Address
· Telephone listing
· E-mail address
· Photograph
· Date of birth
· Major field of study
· Honor and awards received
· Dates of attendance
· Grade level
· Most recent educational institution attended
· Participation in officially recognized activities and sports
· Weight and height, if a member of an athletic team
· Enrollment status
FL(LOCAL). This information will not be used for other purposes without the consent of the parent or eligible student, except as described above at Directory Information.
Unless you object to the use of your child’s information for these limited purposes, the school will not need to ask your permission each time the district wishes to use this information for the school-sponsored purposes listed above.
Topics in this section of the handbook contain important information on academics, school activities, and school operations and requirements. Take a moment with your child to become familiar with the various issues addressed in this section. It is organized in alphabetical order to serve as a quick-reference when you or your child has a question about a specific school-related issue. Should you be unable to find the information on a particular topic, please contact your child’s principal, Donna McGuire at (903) 663-8003 dmcguire@ndisd.org .
Regular school attendance is essential for a student to make the most of his or her education—to benefit from teacher-led and school activities, to build each day’s learning on the previous day’s, and to grow as an individual. Absences from class may result in serious disruption of a student’s mastery of the instructional materials; therefore, the student and parent should make every effort to avoid unnecessary absences. Two state laws—one dealing with compulsory attendance, the other with attendance for course credit—are of special interest to students and parents. They are discussed below.
State law requires that a student between the ages of six and 18 attend school, as well as any applicable accelerated instruction program, extended year program, or tutorial session, unless the student is otherwise excused from attendance or legally exempt.
A student who voluntarily attends or enrolls after his or her 18th birthday is required to attend each school day until the end of the school year and is subject to compulsory attendance laws, if the student is under 21 years old. In addition, if a student 18 or older has more than five unexcused absences in a semester the district may revoke the student’s enrollment. The student’s presence on school property thereafter would be unauthorized and may be considered trespassing. [See FEA.]
Students enrolled in prekindergarten or kindergarten are required to attend school.
State law requires attendance in an accelerated reading instruction program when kindergarten, first grade, or second grade students are assigned to such a program. Parents will be notified in writing if their child is assigned to an accelerated reading instruction program as a result of a diagnostic reading instrument.
A student in grades 3–8 will be required to attend any assigned accelerated instruction program, which may occur before or after school or during the summer, if the student does not meet the passing standards on the state assessment for his or her grade level and applicable subject area.
State law allows exemptions to the compulsory attendance requirements for several types of absences if the student makes up all work. These include the following activities and events:
· Religious holy days;
· Required court appearances;
· Activities related to obtaining United States citizenship;
· Service as an election clerk; and
· Documented health-care appointments, including absences for recognized services for students diagnosed with autism spectrum disorders.
In addition, a junior or senior student’s absence of up to two days related to visiting a college or university will be considered an exemption, provided the student receives approval from the campus principal, follows the campus procedures to verify such a visit, and makes up any work missed.
School employees must investigate and report violations of the state compulsory attendance law. A student absent without permission from school; from any class; from required special programs, such as additional special instruction, termed “accelerated instruction” by the state; or from required tutorials will be considered in violation of the compulsory attendance law and subject to disciplinary action.
A court of law may also impose penalties against both the student and his or her parents if a school-aged student is deliberately not attending school. A complaint against the parent may be filed in court if the student:
· Is absent from school on ten or more days or parts of days (parts of days include tardiness) within a six-month period in the same school year, or
· Is absent on three or more days or parts of days (parts of days include tardiness) within a four-week period.
For a student younger than 12 years of age, the student’s parent could be charged with a criminal offense based on the student’s failure to attend school.
If a student between the ages of 12 and 18 violates the compulsory attendance law, both the parent and student could be charged with a criminal offense.
If the student is age 18 or older; the student, but no the student’s parents, would be subject to the penalties as a result of the student’s violation of state compulsory attendance law. [ See policy FEA (LEGAL)]
To receive credit in a class, a student must attend at least 90 percent of the days the class is offered. A student who attends at least 75 percent but fewer than 90 percent of the days the class is offered may receive credit for the class if he or she completes a plan, approved by the principal that allows the student to fulfill the instructional requirements for the class. If a student is involved in a criminal or juvenile court proceeding, the approval of the judge presiding over the case will also be required before the student receives credit for the class.
If a student attends less than 75 percent of the days a class is offered or has not completed a plan approved by the principal, then the student will be referred to the attendance review committee to determine whether there are extenuating circumstances for the absences and how the student can regain credit, if appropriate. [See policies at FEC.]
In determining whether there were extenuating circumstances for the absences, the attendance committee will use the following guidelines:
· All absences will be considered in determining whether a student has attended the required percentage of days. If makeup work is completed, absences for the reasons listed above at Exemptions to Compulsory Attendance will be considered days of attendance for this purpose.
· A transfer or migrant student begins to accumulate absences only after he or she has enrolled in the district. For a student transferring into the district after school begins, including a migrant student, only those absences after enrollment will be considered.
· In reaching a decision about a student’s absences, the committee will attempt to ensure that it is in the best interest of the student.
· The committee will consider the acceptability and authenticity of documented reasons for the student’s absences.
· The committee will consider whether the absences were for reasons over which the student or the student’s parent could exercise any control.
· The committee will consider the extent to which the student has completed all assignments, mastered the essential knowledge and skills, and maintained passing grades in the course or subject.
· The student or parent will be given an opportunity to present any information to the committee about the absences and to talk about ways to earn or regain credit.
The student or parent may appeal the committee’s decision to the board of trustees by filing a written request with the superintendent in accordance with policy FNG(LOCAL).
The actual number of days a student must be in attendance in order to receive credit will depend on whether the class is for a full semester or for a full year.
When a student must be absent from school, the student—upon returning to school—must bring a note signed by the parent that describes the reason for the absence. A note signed by the student, even with the parent’s permission, will not be accepted unless the student is 18 or older.
Upon return to school, a student absent for more than 5 consecutive days because of a personal illness must bring a statement from a doctor or health clinic verifying the illness or condition that caused the student’s extended absence from school.
Should the student develop a questionable pattern of absences, the principal or attendance committee may require a statement from a doctor or health clinic verifying the illness or condition that caused the student’s absence from school.
[See policy FEC(LOCAL).]
For a student between the ages of 16 and 18 to obtain a driver license, written parental permission must be provided for the Texas Department of Public Safety (DPS) to access the student’s attendance and, in certain circumstances, for a school administrator to provide the student’s attendance information to DPS.
The school counselor provides students and parents information regarding academic programs to prepare for higher education and career choices. [For more information, see Academic Counseling on page 18 of this handbook and policies at EIF.]
New Diana Intermediate School recognizes outstanding student accomplishments at Awards Assemblies held at the end of each semester. Also, students have the opportunity to be recognized for outstanding academic, responsibility, and leadership characteristics by being invited to join the Elementary National Honor Society.
Bullying occurs when a student or group of students engages in written or verbal expression or physical conduct against another student and the behavior:
· Results in harm to the student or the student’s property,
· Places a student in fear of physical harm or of damage to the student’s property, or
· Is so severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive educational environment.
Bullying is prohibited by the district and could include hazing, threats, taunting, teasing, assault, demands for money, confinement, destruction of property, theft of valued possessions, name-calling, rumor-spreading, and ostracism. In some cases, bullying can occur through electronic methods, called “cyberbullying.”
If a student believes that he or show has experienced bullying or has witnessed bullying of another student, it is important for the student or parent to notify a teacher, counselor, principal, or another district employee as soon as possible. The administration will investigate any allegations of bullying and will take appropriate disciplinary action if an investigation indicates that bullying has occurred. Disciplinary or other action may be taken even if the conduct did not rise to the level of bullying.
Any retaliation against a student who reports and incident of bullying is prohibited.
[See School Safety Transfers on page 7 and policy FFI(LOCAL).]
CHEATING/PLAGIARISM
Copying another person’s work, such as homework, class work, or a test is a form of cheating. Plagiarism, which is the use as one’s own of another person’s original ideas or writing without giving credit to the true author, will also be considered cheating and the student will be subject to academic disciplinary action that may include loss of credit for the work in question. Teachers who have the reason to believe that a student has engaged in cheating will assess the academic penalty to be imposed.
The district has established a plan for addressing child sexual abuse and other maltreatment of children, which may be accessed at www.ndisd.org . As a parent, it is important for you to be aware of warning signs that could indicate a child may have been or is being sexually abused. Sexual abuse in the Texas Family Code is defined as any sexual conduct harmful to a child’s mental, emotional, or physical welfare as well as a failure to make a reasonable effort to prevent sexual conduct with a child. Anyone who suspects that a child has been or may be abused or neglected has a legal responsibility, under state law, for reporting the suspected abuse or neglect to law enforcement or to Child Protective Services (CPS).
Possible physical warning signs of sexual abuse could be difficulty sitting or walking, pain in the genital areas, and claims of stomachaches and headaches. Behavioral indicators may include verbal references or pretend games of sexual activity between adults and children, fear of being alone with adults of a particular gender, or sexually suggestive behavior. Emotional warning signs to be aware of include withdrawal, depression, sleeping and eating disorders, and problems in school.
A child who has experienced sexual abuse or any other type of abuse or neglect should be encouraged to seek out a trusted adult. Be aware as a parent or other trusted adult that disclosures of sexual abuse may be more indirect than disclosures of physical abuse and neglect, and it is important to be calm and comforting if your child, or another child, confides in you. Reassure the child that he or she did the right thing by telling you.
As a parent, if your child is a victim of sexual abuse
or other maltreatment, the campus counselor or principal will provide
information regarding counseling options for you and your child available in
your area. The Texas Department of Family and Protective Services (TDFPS)
also manages early intervention counseling programs. To find out what
services may be available in your county, see
http://www.dfps.state.tx.us/Prevention_and_Early_Intervention/Programs_Available_In_
Your_County/default.asp.
The following Web sites might help you become more aware of child sexual abuse:
http://www.childwelfare.gov/pubs/factsheets/signs.cfm
http://sapn.nonprofitoffice.com/
http://www.taasa.org/member/materials2.php
http://www.oag.state.tx.us/AG_Publications/txts/childabuse1.shtml
http://www.oag.state.tx.us/AG_Publications/txts/childabuse2.shtml
Reports may be made to:
The Child Protective Services (CPS) division of the Texas Department of Family and Protective Services (1-800-252-5400 or on the Web at http://www.txabusehotline.org).
Students at New Diana Intermediate School are assigned class schedules based on their individual grade level. Students in 4th grade are assigned to a team of teachers with one enrichment (homeroom) teacher. 5th grade students rotate classrooms to various teachers and follow a class schedule, with one enrichment (homeroom) teacher
Usually student or parent complaints or concerns can be addressed by a phone call or a conference with the teacher or principal. For those complaints and concerns that cannot be handled so easily, the district has adopted a standard complaint policy at FNG(LOCAL) in the district’s policy manual. A copy of this policy may be obtained in the principal’s or superintendent’s office or www.ndisd.org .
In general, the student or parent should submit a written complaint and request a conference with the campus principal. If the concern is not resolved, a request for a conference should be sent to the superintendent. If still unresolved, the district provides for the complaint to be presented to the board of trustees.
To prepare students for an increasingly technological society, the district has made an investment in computer technology for instructional purposes. Use of these computer resources is restricted to students working under a teacher’s supervision and for approved purposes only. Students and parents will be asked to sign a user agreement (separate from this handbook) regarding use of these resources; violations of this agreement may result in withdrawal of privileges and other disciplinary action.
Students and their parents should be aware that e-mail and other electronic communications using district computers are not private and will be monitored by district staff. [For additional information, see policies at CQ.]
As required by law, the board has adopted a Student Code of Conduct that prohibits certain behaviors and defines standards of acceptable behavior—both on and off campus—and consequences for violation of these standards. The district has disciplinary authority over a student in accordance with the Student Code of Conduct. Students and parents should be familiar with the standards set out in the Student Code of Conduct, as well as campus and classroom rules.
Corporal punishment – spanking or paddling the student – may be used as a discipline management technique in accordance with the Student code of Conduct and policy FO (local) in the district’s policy manual.
If you do not want corporal punishment to be administered to your child as a method of student discipline, a signed statement must be provided each year.
You may choose to revoke this request at any time during the year by providing a signed statement to the campus principal. However, district personnel may chose to use discipline methods other than corporal punishment even if the parent request that this method be used on the student.
As identified by law, disruptions include the following:
· Interference with the movement of people at an exit, entrance, or hallway of a district building without authorization from an administrator.
· Interference with an authorized activity by seizing control of all or part of a building.
· Use of force, violence, or threats in an attempt to prevent participation in an authorized assembly.
· Use of force, violence, or threats to cause disruption during an assembly.
· Interference with the movement of people at an exit or an entrance to district property.
· Use of force, violence, or threats in an attempt to prevent people from entering or leaving district property without authorization from an administrator.
· Disruption of classes or other school activities while on district property or on public property that is within 500 feet of district property. Class disruption includes making loud noises; trying to entice a student away from, or to prevent a student from attending, a required class or activity; and entering a classroom without authorization and disrupting the activity with loud or profane language or any misconduct.
· Interference with the transportation of students in vehicles owned or operated by the district.
School rules apply to all school social events. Guests attending these events are expected to observe the same rules as students, and a student inviting a guest will share responsibility for the conduct of his or her guest.
A student attending a social event will be asked to sign out when leaving before the end of the event; anyone leaving before the official end of the event will not be readmitted.
To protect other students from contagious illnesses, students infected with certain diseases are not allowed to come to school while contagious. If a parent suspects that his or her child has a contagious disease, the parent should contact the school nurse or principal so that other students who might have been exposed to the disease can be alerted.
The school nurse or the principal’s office can provide information from the Department of State Health Services regarding these diseases.
Students and their parents are encouraged to talk with a school counselor, teacher, or principal to learn more about course offerings, graduation requirements, and early graduation procedures. Each spring, students in grades 5 - 11 will be provided information on anticipated course offerings for the next school year and other information that will help them make the most of academic and CTE opportunities.
To plan for the future, each student should work closely with the counselor in order to enroll in the high school courses that best prepare him or her for attendance at a college, university, or training school, or for pursuit of some other type of advanced education. The counselor can also provide information about entrance exams and application deadlines, as well as information about automatic admission to state colleges and universities, financial aid, housing, and scholarships.
The school counselor is available to assist students with a wide range of personal concerns, including such areas as social, family, or emotional issues, or substance abuse. The counselor may also make available information about community resources to address these concerns. A student who wishes to meet with the counselor should contact his/her counselor for an appointment or visit with the principal.
The school will not conduct a psychological examination, test, or treatment without first obtaining the parent’s written consent. Parental consent is not necessary when a psychological examination, test, or treatment is required by state or federal law for special education purposes or by the Texas Education Agency for child abuse investigations and reports.
[For more information, refer to policies EHBAA(LEGAL), FFE(LEGAL), and FFG(EXHIBIT).]
A student who has previously taken a course or subject—but did not receive credit for it—may, in circumstances determined by the teacher, counselor, principal, or attendance committee, be permitted to earn credit by passing an exam on the essential knowledge and skills defined for that course or subject. Prior instruction may include, for example, incomplete coursework due to a failed course or excessive absences, homeschooling, correspondence courses, or independent study supervised by a teacher.
The counselor or principal would determine if the student could take an exam for this purpose. If approval is granted, the student must score at least 70 on the exam to receive credit for the course or subject.
The attendance review committee may also offer a student with excessive absences an opportunity to earn credit for a course by passing an exam.
A student may not use this exam, however, to regain eligibility to participate in extracurricular activities.
[For further information, see the counselor and policy EEJA(LOCAL).]
A student will be permitted to take an exam to earn credit for an academic course for which the student has had no prior instruction. Exams are scheduled during the 2010–2011 school year at Region 7 Education Service Center . They offer these examinations in June and July. A student will earn credit with a passing score of at least 90 on the exam.
If a student plans to take an exam, the student (or parent) must register with the principal no later than 30 days prior to the scheduled testing date. The district will not honor a request by a parent to administer a test on a date other than the published dates. If the district agrees to administer a test other than the one chosen by the district, the parent must purchase a test from a university approved by the State Board of Education. [For further information, see EEJB(LOCAL).]
The district believes that all students learn best in an environment free from dating violence, discrimination, harassment, and retaliation and that their welfare is best served when they are free from this prohibited conduct while attending school. Students are expected to treat other students and district employees with courtesy and respect, to avoid behaviors known to be offensive, and to stop those behaviors when asked or told to stop. District employees are expected to treat students with courtesy and respect.
The board has established policies and procedures to prohibit and promptly respond to inappropriate and offensive behaviors that are based on a person’s race, color, religion, gender, national origin, disability, or any other basis prohibited by law. [See policy FFH.]
Dating violence occurs when a person in a current or past dating relationship uses physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control the other person in the relationship. Dating violence also occurs when a person commits these acts against a person in a marriage or dating relations whip with individual who is or was once in a marriage or dating relationship with the person committing the offense. This type of conduct is considered harassment if the conduct is so severe, persistent, or pervasive that it affects the student’s ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; or substantially interferes with the student’s academic performance.
Examples of dating violence against a student may include, but are not limited to, physical or sexual assaults, name-calling, put-downs, threats to hurt the student or the student’s family members or members of the student’s household, destroying property belonging to the student, threats to commit suicide or homicide if the student ends the relationship, attempts to isolate the student from friends and family, stalking, or encouraging others to engage in these behaviors.
Discrimination is defined as any conduct directed at a student on the basis of race, color, religion, gender, national origin, disability, or any other basis prohibited by law, that negatively affects the student.
Harassment, in general terms, is conduct so severe, persistent, or pervasive that it affects the student’s ability to participate in or benefit from an educational program or activity; creates an intimidating, threatening, hostile, or offensive educational environment; or substantially interferes with the student’s academic performance. A copy of the district’s policy is available in the principal’s office and in the superintendent’s office or the district’s web site www.ndisd.org .
Examples of harassment may include, but are not limited to, offensive or derogatory language directed at a person’s religious beliefs or practices, accent, skin color, or need for accommodation; threatening or intimidating conduct; offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; graffiti or printed material promoting racial, ethnic, or other negative stereotypes; or other kinds of aggressive conduct such as theft or damage to property.
Sexual harassment of a student by an employee, volunteer, or another student is prohibited.
Sexual harassment of a student by an employee or volunteer does not include necessary or permissible physical contact not reasonably construed as sexual in nature. However, romantic and other inappropriate social relationships, as well as all sexual relationships, between students and district employees are prohibited, even if consensual.
Examples of prohibited sexual harassment may include, but not be limited to, touching private body parts or coercing physical contact that is sexual in nature; sexual advances; jokes or conversations of a sexual nature; and other sexually motivated conduct, communications, or contact.
Retaliation against a person, who makes a good faith report of discrimination or harassment, including dating violence, is prohibited. Retaliation against a person who is participating in an investigation of alleged discrimination or harassment is also prohibited. A person who makes a false claim or offers false statements or refuses to cooperate with a district investigation, however, may be subject to appropriate discipline.
Retaliation against a student might occur when a student receives threats from another student or an employee or when an employee imposes an unjustified punishment or unwarranted grade reduction. Retaliation does not include petty slights and annoyances from other students or negative comments from a teacher that are justified by a student’s poor academic performance in the classroom.
Any student who believes that he or she has experienced dating violence, discrimination, harassment, or retaliation should immediately report the problem to a teacher, counselor, principal, or other district employee. The report may be made by the student’s parent. See policy FFH(LOCAL) for the appropriate district officials to whom to make a report.
To the extent possible, the district will respect the privacy of the student; however, limited disclosures may be necessary to conduct a thorough investigation and to comply with law. Allegations of prohibited conduct, which includes dating violence, discrimination, harassment, and retaliation, will be promptly investigated. The district will notify the parents of any student alleged to have experienced prohibited conduct involving an adult associated with the district.
In the event prohibited conduct involves another student, the district will notify the parents of the student alleged to have experienced the prohibited conduct when the allegations, if proven, would constitute a violation as defined by policy.
If the district’s investigation indicates that prohibited conduct occurred, appropriate disciplinary or corrective action will be taken to address the conduct. The district may take disciplinary action even if the conduct that is the subject of the complaint was not unlawful.
A student or parent who is dissatisfied with the outcome of the investigation may appeal in accordance with policy FNG(LOCAL).
[See Dating Violence, Discrimination, Harassment, and Retaliation on page 19.]
Publications prepared by and for the school may be posted or distributed, with the prior approval of the principal, sponsor, or teacher. Such items may include school posters, brochures, flyers, etc.
The school newspaper and the yearbook, are available to students.
All school publications are under the supervision of a teacher, sponsor, and the principal.
[See Directory Information for School-Sponsored Purposes on page 10.]
Students must obtain prior approval from the principal before posting, circulating, or distributing more than ten copies of written materials, handbills, photographs, pictures, petitions, films, tapes, posters, or other visual or auditory materials that were not developed under the oversight of the school. To be considered, any nonschool material must include the name of the sponsoring person or organization. The decision regarding approval will be made within two school days.
The principal has designated the table in the hallway as the location for approved nonschool materials to be placed for voluntary viewing by students. [See policies at FNAA.]
A student may appeal a principal’s decision in accordance with policy FNG(LOCAL). Any student who posts nonschool material without prior approval will be subject to disciplinary action in accordance with the Student Code of Conduct. Materials displayed without the principal’s approval will be removed.
Written or printed materials, handbills, photographs, pictures, films, tapes, or other visual or auditory materials not sponsored by the district or by a district-affiliated school-support organization will not be sold, circulated, distributed, or posted on any district premises by any district employee or by persons or groups not associated with the district, except as permitted by policy GKDA. To be considered for distribution, any nonschool material must meet the limitations on content established in the policy, include the name of the sponsoring person or organization, and be submitted to the superintendent for prior review. The superintendent will approve or reject the materials within two school days of the time the materials are received. The requestor may appeal a rejection in accordance with the appropriate district complaint policy. [See policies at DGBA, FNG, or GF.]
Prior review will not be required for:
· Distribution of materials by an attendee to other attendees of a school-sponsored meeting intended for adults and held after school hours.
· Distribution of materials by an attendee to other attendees of a community group meeting held after school hours in accordance with policy GKD(LOCAL) or a noncurriculum-related student group meeting held in accordance with FNAB(LOCAL).
· Distribution for electioneering purposes during the time a school facility is being used as a polling place, in accordance with state law.
All nonschool materials distributed under these circumstances must be removed from district property immediately following the event at which the materials are distributed.
General Guidelines for Student Dress and Grooming Guidelines
Appropriate student dress and grooming are important factors in the safe and orderly operation of the schools. Each student's appearance should reflect a positive image of the school and contribute to a distraction-free learning environment.
Our district values and needs the support of parents in upholding the district and campus dress and grooming guidelines. The student and his/her parent(s) may determine the student's personal dress and grooming standards provided that the student's dress and grooming:
· shall not lead school officials to reasonably believe that such dress or grooming will disrupt, interfere with, disturb, or detract from school activities; and
· shall not create a health problem or safety hazard for the student or others.
Using these general guidelines and the specific guidelines listed below, school administrators, with the input and support of faculty members, have the final decision in determining and enforcing student dress and grooming standards at school and at all school-related activities.
Individual campuses may develop and enforce additional or standardized dress codes and grooming guidelines that meet the standards of the campus (see additional information on standardized dress codes below). These campus guidelines or standardized dress codes may be more restrictive than those established by the district. However, these additional campus guidelines must be publicized to the students and parents in a timely manner, so that students and parents can select the appropriate clothing that will meet the individual campus guidelines or standardized dress codes.
All students are required to adhere to the district dress and grooming guidelines, as well as to any additional guidelines developed and approved for the campus. Exceptions will be permitted for bona fide religious reasons. Parents are expected to be knowledgeable and supportive of the dress and grooming guidelines.
Specific Guidelines/Restrictions
Students should wear garments, shoes, jewelry, accessories and hairstyles that
Students are not to wear clothing that is tight,
sagging, cut, torn, baggy, revealing, spaghetti-strap, backless, low cut or
short.
Pants – must be worn at the waist or upper hip and must not reveal
underclothing. If a student wears leggings, they must have a top that
matches the dress code of dresses - 3 inches above the kneecap in length or
longer. They must be free of holes.
Shorts and Skirts - must be fitted at the waist or upper hip,
must not reveal underclothing, and must be 3 inches above the kneecap in
length or longer
Tops, Shirts and Blouses – must not reveal underclothing, midsection,
torso, back, chest, breasts or cleavage
Dresses – must not reveal underclothing, midsection, torso, back,
chest, breasts, or cleavage and must be 3 inches above the kneecap in length
or longer
Shoes – must not detract from or interfere with the learning
environment or present a safety or health hazard . Tennis shoes or
closed-toe shoes are preferred. House shoes/house slippers of any kind are
not allowed.
Head Coverings – no type of head covering is to be worn with the
exception of (1) a cap or hat that is part of a uniform worn at a school
activity or (2) for religious or medical purposes
Underclothing – must wear appropriate underclothing;
Pajamas/loungewear – any and all pajamas/loungewear are prohibited
Jewelry/Piercings – Noisy, distracting and excessive jewelry or
accessories are prohibited (including wallet chains). Jewelry/Piercings
must not detract from or interfere with the learning environment or present
a safety or health hazard. No body piercing is allowed. Pierced earrings
may only be worn by girls.
Tattoos - permanent or temporary, must be covered at all times.
Hair/Make-up – Hair must be well groomed, neat, out of their faces,
and clean at all times; hair style/color and makeup must not detract from or
interfere with the learning and school environment. Boys’ hair length is
not to extend below the shirt collar or below the base of the earlobe. No
student may wear bangs that extend below the eyebrows. Boys may not wear
ponytails, rat-tails, or Mohawks.
Backpacks – must not detract from or interfere with the learning
environment or present a safety or health hazard
Except as described below, students are not permitted to possess or use personal electronic devices such as MP3 players, video or audio recorders, DVD players, cameras, games, e-readers, or other electronic devices at school, unless prior permission has been obtained. Without such permission, teachers will collect the items and turn them in to the principal’s office. The principal will determine whether to return items to students at the end of the day or to contact parents to pick up the items.
In limited circumstances and in accordance with law, a student’s personal electronic device may be searched by authorized personnel. [See Searches on page ___ and policy FNF.]
Any disciplinary action will be in accordance with the Student Code of Conduct. The district will not be responsible for any damaged, lost, or stolen electronic device.
In some cases, students may find it beneficial or might be encouraged to use personal telecommunications or other personal electronic devices for instructional purposes while on campus. Students must obtain prior approval before using personal telecommunications or other personal electronic devices for instructional use. Students must also sign a user agreement that contains applicable rules for use (separate from this handbook). When students are not using the devices for approved instructional purposes, all devices must be turned off during the instructional day. Violations of the user agreement may result in withdrawal of privileges and other disciplinary action.
To prepare students for an increasingly technological society, the district has made an investment in the use of district-owned technology resources for instructional purposes; specific resources may be issued individually to students. Use of these technological resources, which include the district’s network systems and use of district equipment, is restricted to approved purposes only. Students and parents will be asked to sign a user agreement (separate from this handbook) regarding use of these district resources. Violations of the user agreement may result in withdrawal of privileges and other disciplinary action.
Students are prohibited from possessing, sending, forwarding, posting, accessing, or displaying electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal. This prohibition also applies to conduct off school property, whether the equipment used to send such messages is district-owned or personally owned, if it results in a substantial disruption to the educational environment. Any person taking, disseminating, transferring, possessing, or sharing obscene, sexually oriented, lewd, or otherwise illegal images or other content, commonly referred to as “sexting,” will be disciplined according to the Student Code of Conduct and may, in certain circumstances, be reported to law enforcement.
In addition, any student who engages in conduct that results in a breach of the district’s computer security will be disciplined in accordance with the Student Code of Conduct, and, in some cases, the consequence may rise to the level of expulsion.
Participation in school-sponsored activities is an excellent way for a student to develop talents, receive individual recognition, and build strong friendships with other students; participation, however, is a privilege, not a right.
Eligibility for initial and continuing participation in many of these activities is governed by state law and the rules of the University Interscholastic League (UIL)—a statewide association overseeing interdistrict competition. If a student is involved in an academic, athletic, or music activity governed by UIL, the student and parent are expected to know and follow all rules of the UIL organization. [See http://www.uil.utexas.edu for additional information.]
The following requirements apply to all extracurricular activities:
· A student who receives at the end of a grading period a grade below 70 in any academic class—other than an Advanced Placement or International Baccalaureate course; or an honors or dual credit course in English language arts, mathematics, science, social studies, economics, or language other than English—may not participate in extracurricular activities for at least three school weeks.
· A student with disabilities who fails to meet the standards in the individualized education program (IEP) may not participate for at least three school weeks.
· An ineligible student may practice or rehearse.
· A student is allowed in a school year up to 10 absences not related to post-district competition, a maximum of 5 absences for post-district competition prior to state, and a maximum of 2 absences for state competition. All extracurricular activities and public performances, whether UIL activities or other activities approved by the board, are subject to these restrictions. (FM/LOCAL)
· An absence for participation in an activity that has not been approved will receive an unexcused absence.
Sponsors of student clubs and performing groups such as the band, choir, and drill and athletic teams may establish standards of behavior—including consequences for misbehavior—that are stricter than those for students in general. If a violation is also a violation of school rules, the consequences specified by the Student Code of Conduct or by local policy will apply in addition to any consequences specified by the organization’s standards of behavior.
[For further information, see policies at FM and FO. For student-organized, student-led groups, see Meetings of Noncurriculum-Related Groups on page 37.]
Certain clubs, organizations, and performing groups will hold elections for student officers.
Materials that are part of the basic educational program are provided with state and local funds at no charge to a student. A student, however, is expected to provide his or her own pencils, paper, erasers, and notebooks and may be required to pay certain other fees or deposits, including:
· Costs for materials for a class project that the student will keep.
· Membership dues in voluntary clubs or student organizations and admission fees to extracurricular activities.
· Security deposits.
· Personal physical education and athletic equipment and apparel.
· Voluntarily purchased pictures, publications, class rings, yearbooks, graduation announcements, etc.
· Voluntarily purchased student accident insurance.
· Musical instrument rental and uniform maintenance, when uniforms are provided by the district.
· Personal apparel used in extracurricular activities that becomes the property of the student.
· Parking fees and student identification cards.
· Fees for lost, damaged, or overdue library books.
· Fees for driver training courses, if offered.
· Fees for optional courses offered for credit that require use of facilities not available on district premises.
· Summer school for courses that are offered tuition-free during the regular school year.
· A reasonable fee for providing transportation to a student who lives within two miles of the school. [See Buses and Other School Vehicles on page 40.]
· A fee not to exceed $50 for costs of providing an educational program outside of regular school hours for a student who has lost credit because of absences and whose parent chooses the program in order for the student to meet the 90 percent attendance requirement. The fee will be charged only if the parent or guardian signs a district-provided request form.
Any required fee or deposit may be waived if the student and parent are unable to pay. Application for such a waiver may be made to the superintendent. [For further information, see policies at FP.]
Student groups or classes and/or parent groups may be permitted to conduct fund-raising drives for approved school purposes. An application for permission must be made to the superintendent at least 60 days before the event. [For further information, see policies at FJ and GE.]
Certain criminal offenses, including those involving organized criminal activity such as gang-related crimes, will be enhanced to the next highest category of offense if they are committed in a gang-free zone. For purposes of the district, a gang-free zone includes a school bus and a location in, on, or within 1,000 feet of any district-owned or leased property or campus playground.
Grading guidelines for each grade level or course will be communicated and distributed to students and their parents by the classroom teacher. These guidelines have been reviewed by each applicable curriculum department and have been approved by the campus principal. These guidelines establish the minimum number of assignments, projects, and examinations required for each grading period. In addition, these guidelines establish how the student’s mastery of concepts and achievement will be communicated (i.e., letter grades, numerical averages, checklist of required skills, etc.). Grading guidelines also outline in what circumstances a student will be allowed to redo an assignment or retake an examination for which the student originally made a failing grade.
Also see Report Cards/Progress Reports and Conferences on page 34 for additional information.
[See Dating Violence, Discrimination, Harassment, and Retaliation on page 19.]
Hazing is defined as any intentional, knowing, or reckless act occurring on or off campus directed against a student that endangers the mental or physical health or the safety of a student for the purpose of pledging, being initiated to, affiliating with, holding office in, or maintaining membership in any organization whose members are or include other students.
Hazing will not be tolerated by the district. If an incident of hazing occurs, disciplinary consequences will be handled in accordance with the Student Code of Conduct. It is a criminal offense if a person engages in hazing; solicits, encourages, directs, aids, or attempts to aid another in hazing; or has firsthand knowledge of an incident of hazing being planned or having occurred and fails to report this to the principal or superintendent.
[Also see Bullying on page 16 and policies FFI and FNCC.]
State law specifically requires the district to provide the following information:
· What is meningitis?
Meningitis is an inflammation of the covering of the brain and spinal cord. It can be caused by viruses, parasites, fungi, and bacteria. Viral meningitis is most common and the least serious. Bacterial meningitis is the most common form of serious bacterial infection with the potential for serious, long-term complications. It is an uncommon disease, but requires urgent treatment with antibiotics to prevent permanent damage or death.
· What are the symptoms?
Someone with meningitis will become very ill. The illness may develop over one or two days, but it can also rapidly progress in a matter of hours. Not everyone with meningitis will have the same symptoms.
Children (over 1 year old) and adults with meningitis may have a severe headache, high temperature, vomiting, sensitivity to bright lights, neck stiffness or joint pains, and drowsiness or confusion. In both children and adults, there may be a rash of tiny, red-purple spots. These can occur anywhere on the body.
The diagnosis of bacterial meningitis is based on a combination of symptoms and laboratory results.
· How serious is bacterial meningitis?
If it is diagnosed early and treated promptly, the majority of people make a complete recovery. In some cases it can be fatal or a person may be left with a permanent disability.
· How is bacterial meningitis spread?
Fortunately, none of the bacteria that cause meningitis are as contagious as diseases like the common cold or the flu, and they are not spread by casual contact or by simply breathing the air where a person with meningitis has been. The germs live naturally in the back of our noses and throats, but they do not live for long outside the body. They are spread when people exchange saliva (such as by kissing, sharing drinking containers, utensils, or cigarettes).
The germ does not cause meningitis in most people. Instead, most people become carriers of the germ for days, weeks, or even months. The bacteria rarely overcome the body’s immune system and cause meningitis or another serious illness.
· How can bacterial meningitis be prevented?
Do not share food, drinks, utensils, toothbrushes, or cigarettes. Limit the number of persons you kiss.
While there are vaccines for some other strains of bacterial meningitis, they are used only in special circumstances. These include when there is a disease outbreak in a community or for people traveling to a country where there is a high risk of getting the disease. Also, a vaccine is recommended by some groups for college students, particularly freshmen living in dorms or residence halls. The vaccine is safe and effective (85–90 percent). It can cause mild side effects, such as redness and pain at the injection site lasting up to two days. Immunity develops within seven to ten days after the vaccine is given and lasts for up to five years.
· What should you do if you think you or a friend might have bacterial meningitis?
You should seek prompt medical attention.
· Where can you get more information?
Your school nurse, family doctor, and the staff at your local or regional health department office are excellent sources for information on all communicable diseases. You may also call your local health department or Regional Department of State Health Services office to ask about a meningococcal vaccine. Additional information may also be found at the Web sites for the Centers for Disease Control and Prevention, http://www.cdc.gov, and the Department of State Health Services, http://www.dshs.state.tx.us/.
The district requests to be notified when a student has been diagnosed with a food allergy, especially those allergies that could result in dangerous or possibly life-threatening reactions either by inhalation, ingestion, or skin contact with the particular food. It is important to disclose the food to which the student is allergic, as well as the nature of the allergic reaction. Please contact the school nurse or campus principal if your child has a known food allergy or as soon as possible after any diagnosis of a food allergy.
In accordance with policies at EHAB, EHAC, and EHBG the district will ensure that students in full-day prekindergarten through grade 5 engage in moderate or vigorous physical activity for at least 30 minutes per day or 135 minutes per week.
Students in middle or junior high school will engage in either 30 minutes of moderate or vigorous physical activity per day for at least four semesters OR at least 225 minutes of moderate or vigorous physical activity within each two-week period for at least four semesters.
For additional information on the district’s requirements and programs regarding elementary, middle, and junior high school student physical activity requirements, please see the principal.
During the preceding school year, the district’s School Health Advisory Council held 3 meetings. Additional information regarding the district’s School Health Advisory Council is available from the Curriculum Office. [See also policies at BDF and EHAA.]
[See Removing a Student from Human Sexuality Instruction on page 6 for additional information.]
Annually, the district will conduct a physical fitness assessment of students in grades 3–12. At the end of the school year, a parent may submit a written request to the principal to obtain the results of his or her child’s physical fitness assessment conducted during the school year.
The district has adopted policies and implemented procedures to comply with state and federal food service guidelines for restricting student access to vending machines. For more information regarding these policies and guidelines see the Business Manager, Melinda Benson at (903) 663-8000 mbenson@ndisd.org [See policies at CO and FFA.]
The district and its staff strictly enforce prohibitions against the use of tobacco products by students and others on school property and at school-sponsored and school-related activities. [See the Student Code of Conduct and policies at FNCD and GKA.]
The district works diligently to maintain compliance with federal and state law governing asbestos in school buildings. A copy of the district’s Asbestos Management Plan is available in the superintendent’s office. If you have any questions or would like to examine the district’s plan in more detail, please contact Bobby Hunt, the district’s designated asbestos coordinator, at bhunt@ndisd.org
The district is required to follow integrated pest management (IPM) procedures to control pests on school grounds. Although the district strives to use the safest and most effective methods to manage pests, including a variety of non-chemical control measures, pesticide use is sometimes necessary to maintain adequate pest control and ensure a safe, pest-free school environment.
All pesticides used are registered for their intended use by the United States Environmental Protection Agency and are applied only by certified pesticide applicators. Except in an emergency, signs will be posted 48 hours before indoor application. All outdoor applications will be posted at the time of treatment, and signs will remain until it is safe to enter the area. Parents who have further questions or who want to be notified prior to pesticide application inside their child’s school assignment area may contact Bobby Hunt, the district’s IPM coordinator, at bhunt@ndisd.org or 903-663-8000
For more information on services for homeless students, contact the district’s Liaison for Homeless Children and Youths, Holly Duncan at (903) 663-8000 hduncan@ndisd.org
Studying and homework are an integral part of all courses. It is a student's responsibility to establish good study habits and to complete assigned homework. Homework should be turned in on time. In order to assist students completing their homework, we at NDIS have created two (2) ways to assist students. First, we have a daily Eagle Enrichment time. This time will not only be used for homework time – for those who did not complete the assignments required, but it will also provide additional learning opportunities and activities for students such as club meeting times, Eagle Singers, UIL practice, special event rehearsal, tutoring and team building activities to name a few. This is NOT to replace homework time at HOME. The second way, is through our ZAP program – Zeros Aren’t Permitted. More information on this program is included in the student packet.
A student must be fully immunized against certain
diseases or must present a certificate or statement that, for medical
reasons or reasons of conscience, including a religious belief, the student
will not be immunized. For exemptions based on reasons of conscience, only
official forms issued by the Texas Department of State Health Services
(DSHS), Immunization Branch, can be honored by the district. This form may
be obtained by writing the DSHS Immunization Branch (MC 1946), P.O. Box
149347, Austin, Texas 78714-9347; or online at
https://webds.
dshs.state.tx.us/immco/affidavit.shtm. The form must be notarized and
submitted to the principal or school nurse within 90 days of notarization.
If the parent is seeking an exemption for more than one student in the
family, a separate form must be provided for each student.
The immunizations required are: diphtheria, rubeola (measles), rubella (German measles), mumps, tetanus, pertussis, poliomyelitis (polio), hepatitis A, hepatitis B, varicella (chicken pox), and meningococcal. The school nurse can provide information on age-appropriate doses or on an acceptable physician-validated history of illness required by the Department of State Health Services. Proof of immunization may be established by personal records from a licensed physician or public health clinic with a signature or rubber-stamp validation.
If a student should not be immunized for medical
reasons, the student or parent must present a certificate signed by a U.S.
licensed physician stating that, in the doctor’s opinion, the immunization
required poses a significant risk to the health and well-being of the
student or a member of the student’s family or household. This certificate
must be renewed yearly unless the physician specifies a life-long
condition. [For further information, see policy FFAB(LEGAL) and the
Department of State Health Services Web site:
http://www.dshs.state.tx.us/immunize/
school/default.shtm.]
When law enforcement officers or other lawful authorities wish to question or interview a student at school, the principal will cooperate fully regarding the conditions of the interview, if the questioning or interview is part of a child abuse investigation. In other circumstances:
· The principal will verify and record the identity of the officer or other authority and ask for an explanation of the need to question or interview the student at school.
· The principal ordinarily will make reasonable efforts to notify the parents unless the interviewer raises what the principal considers to be a valid objection.
· The principal ordinarily will be present unless the interviewer raises what the principal considers to be a valid objection.
State law requires the district to permit a student to be taken into legal custody:
· To comply with an order of the juvenile court.
· To comply with the laws of arrest.
· By a law enforcement officer if there is probable cause to believe the student has engaged in delinquent conduct or conduct in need of supervision.
· By a probation officer if there is probable cause to believe the student has violated a condition of probation imposed by the juvenile court.
· By an authorized representative of Child Protective Services, Texas Department of Family and Protective Services, a law enforcement officer, or a juvenile probation officer, without a court order, under the conditions set out in the Family Code relating to the student’s physical health or safety.
· To comply with a properly issued directive to take a student into custody.
Before a student is released to a law enforcement officer or other legally authorized person, the principal will verify the officer’s identity and, to the best of his or her ability, will verify the official’s authority to take custody of the student.
The principal will immediately notify the superintendent and will ordinarily attempt to notify the parent unless the officer or other authorized person raises what the principal considers to be a valid objection to notifying the parents. Because the principal does not have the authority to prevent or delay a student’s release to a law enforcement officer, any notification will most likely be after the fact.
The district is required by state law to notify:
· All instructional and support personnel who have responsibility for supervising a student who has been arrested or referred to the juvenile court for any felony offense or for certain misdemeanors.
· All instructional and support personnel who have regular contact with a student who is required to register as a sex offender or who has been convicted, received deferred prosecution, received deferred adjudication, or was adjudicated for delinquent conduct for any felony offense or certain misdemeanors.
[For further information, see policies FL(LEGAL) and GRA(LEGAL).]
A student with limited English proficiency (LEP) is entitled to receive specialized services from the district. To determine whether the student qualifies for services, a Language Proficiency Assessment Committee (LPAC) will be formed, which will consist of both district personnel and at least one parent representative. The student’s parent must consent to any services recommended by the LPAC for a LEP student.
In order to determine a student’s level of proficiency in English, the LPAC will use information from a variety of assessments. If the student qualifies for services and once a level of proficiency has been established, the LPAC will then designate instructional accommodations or additional special programs the student will require to eventually become proficient at grade level work in English. Ongoing assessments will be conducted to determine a student’s continued eligibility for the program.
The LPAC will also determine whether certain accommodations are necessary for any state-mandated assessments. The STAAR-L, as mentioned at Standardized Testing, below, may be administered to a LEP student. The Texas English Language Proficiency Assessment System (TELPAS) will also be administered to LEP students who qualify for services.
If a student is considered LEP and receives special education services because of a qualifying disability, the student’s ARD committee will make these decisions.
A student will be responsible for obtaining and completing the makeup work in a satisfactory manner and within the time specified by the teacher. Basically, for each day missed the student will have that number of days allowed to make up work. For example, if a student misses 3 days, he/she will have 3 days to make up the work. The exception to this policy is work that had been pre-assigned prior to the absence will be due upon return or on the due date. An example of this is – students are told a book report is due on the 20th; the student misses 2 days and returns to school on that date. He/she should have the project ready to turn in upon their return.
A student who does not make up assigned work within the time allotted by the teacher may receive a grade of zero for the assignment.
A student will be permitted to make up tests and to turn in projects due in any class missed because of absence. Teachers may assign a late penalty to any long-term project in accordance with time lines approved by the principal and previously communicated to students.
A student removed to a disciplinary alternative education program (DAEP) during the school year will have an opportunity to complete, before the beginning of the next school year, a foundation curriculum course in which the student was enrolled at the time of removal. The district may provide the opportunity to complete the course through an alternative method, including a correspondence course, distance learning, or summer school. The district will not charge the student for any method of completion provided by the district. [See policy FOCA(LEGAL).]
A student removed from the regular classroom to in-school suspension or another setting, other than a DAEP, will have an opportunity to complete before the beginning of the next school year each course the student was enrolled in at the time of removal from the regular classroom. The district may provide the opportunity by any method available, including a correspondence course, distance learning, or summer school. The district will not charge the student for any method of completion provided by the district. [See policy FO(LEGAL).]
District employees will not give a student prescription medication, nonprescription medication, herbal substances, anabolic steroids, or dietary supplements, with the following exceptions:
· Only authorized employees, in accordance with policies at FFAC, may administer:
· Prescription medication, in the original, properly labeled container, provided by the parent, along with a written request.
· Prescription medication from a properly labeled unit dosage container filled by a registered nurse or another qualified district employee from the original, properly labeled container.
· Nonprescription medication, in the original, properly labeled container, provided by the parent along with a written request.
· Herbal or dietary supplements provided by the parent only if required by the student’s individualized education program (IEP) or Section 504 plan for a student with disabilities.
· In certain emergency situations, the district will maintain and administer to a student nonprescription medication, but only:
· In accordance with the guidelines developed with the district’s medical advisor; and
· When the parent has previously provided written consent to emergency treatment on the district’s form.
A student with asthma or severe allergic reaction (anaphylaxis) may be permitted to possess and use prescribed asthma or anaphylaxis medication at school or school-related events only if he or she has written authorization from his or her parent and a physician or other licensed health-care provider. The student must also demonstrate to his or her physician or health-care provider and to the school nurse the ability to use the prescribed medication, including any device required to administer the medication.
If the student has been prescribed asthma or anaphylaxis medication for use during the school day, the student and parents should discuss this with the school nurse or principal.
In accordance with a student’s individual health plan for management of diabetes, a student with diabetes will be permitted to possess and use monitoring and treatment supplies and equipment while at school or at a school-related activity. See the school nurse or principal for information. [See policy FFAF(LEGAL).]
A psychotropic drug is a substance used in the diagnosis, treatment, or prevention of a disease or as a component of a medication. It is intended to have an altering effect on perception, emotion, or behavior and is commonly described as a mood- or behavior-altering substance.
Teachers and other district employees may discuss a student’s academic progress or behavior with the student’s parents or another employee as appropriate; however, they are not permitted to recommend use of psychotropic drugs. A district employee who is a registered nurse, an advanced nurse practitioner, a physician, or a certified or credentialed mental health professional can recommend that a student be evaluated by an appropriate medical practitioner, if appropriate. [For further information, see policies at FFAC.]
In its efforts to promote nondiscrimination, New Diana ISD does not discriminate on the basis of race, religion, color, national origin, gender, or disability in providing education services, activities, and programs, including CTE programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Educational Amendments of 1972; and Title II of the Americans with Disabilities Act of 1990 (ADA), as amended, which incorporates and expands upon the requirements of Section 504 of the Rehabilitation Act of 1973, as amended.
The following district representatives have been designated to coordinate compliance with these legal requirements:
· Title IX Coordinator, for concerns regarding discrimination on the basis of gender: Joyce Sloan, Superintendent, (903) 663-8000, jsloan@ndisd.org , 1373 US Hwy 259 South, Diana, Texas 75640
· ADA/Section 504 Coordinator, for concerns regarding discrimination on the basis of disability: Holly Duncan, Director of Curriculum and Special Programs, 1373 US Hwy 259 South, Diana, Texas 75640
· All other concerns regarding discrimination: See the superintendent, Joyce Sloan, (903) 663-8000 jsloan@ndisd.org
Sixth (6th) grade students will undergo a scoliosis screening in the spring semester. Parents may opt. out of this screening. Also, 6th grade students who wish to participate in Athletics must have a physical prior to entering the program. These are usually offered at school for a minimal cost. All fifth (5th) grade students undergo a vision and hearing screening. All students new to the district will be screened unless they were screened by their previous district. In the event a staff member is concerned that there may be a vision or hearing problem, the school nurse will check the student and notify the parents should there be an abnormal result.
Each school day, students will recite the Pledge of Allegiance to the United States flag and the Pledge of Allegiance to the Texas flag. Parents may submit a written request to the principal to excuse their child from reciting a pledge. [See Excusing a Student from Reciting the Pledges to the U.S. and Texas Flags on page 6.]
One minute of silence will follow recitation of the pledges. Each student may choose to reflect, pray, meditate, or engage in any other silent activity during that minute so long as the silent activity does not interfere with or distract others. [See policy EC(LEGAL) for more information.]
Each student has a right to individually, voluntarily, and silently pray or meditate in school in a manner that does not disrupt instructional or other activities of the school. The school will not encourage, require, or coerce a student to engage in or to refrain from such prayer or meditation during any school activity.
A student will be promoted only on the basis of academic achievement or demonstrated proficiency in the subject matter of the course or grade level, the recommendation of the student’s teacher, the score received on any criterion-referenced or state-mandated assessment, and any other necessary academic information as determined by the district. To earn credit in a course, a student must receive a grade of at least 70 based on course-level or grade-level standards.
In grades 5 & 8, promotion is based on the following:
1. The recommendation of the student’s teacher;
2. The student’s grade in each subject or course; 3. The student’s score on an assessment instrument administered under Education Code 39.023(a), (b), or (l); and 4. Any other necessary academic information, as determined by the District.
In addition, at certain grade levels a student—with limited exceptions—will be required to pass the State of Texas Assessments of Academic Readiness (STAAR), if the student is enrolled in a public Texas school on any day between January 1 and the date of the first administration of the STAAR.*
· In order to be promoted to grade 6, students enrolled in grade 5 must perform satisfactorily on the mathematics and reading sections of the grade 5 assessment in English or Spanish.
· In order to be promoted to grade 9, students enrolled in grade 8 must perform satisfactorily on the mathematics and reading sections of the grade 8 assessment in English.
* Because the 2011–2012 school year is the first year of implementation of the STAAR, students will not be required by state law to perform satisfactorily on the grade 5 or 8 STAARs for this one year only in order to be promoted to the next grade level.
If a student in grade 5 or 8 is enrolled in a course that earns high school credit and for which an end-of-course (EOC) assessment will be administered or in a course intended for students above the student’s current grade level in which the student will be administered a state mandated assessment, the student will not be subject to the promotion requirements described above for the relevant grade 5 or 8 assessment. However, the student’s score on the EOC assessment will be used in determining whether the student meets the minimum cumulative score required for graduation.
If a student is enrolled in a class or course intended for students above his or her current grade level in which the student will be administered a state mandated assessment, the student will only be required to take an applicable state mandated assessment for the course in which he or she is enrolled.
[See Standardized Testing on page 40]
Parents of a student in grades 3–8 who does not perform satisfactorily on his or her exams will be notified that their child will participate in special instructional programs designed to improve performance. The student may be required to participate in this instruction before or after normal school hours or outside of the normal school year.
With the exception of the 2011–2012 school year, a student in grade 5 or 8 will have two additional opportunities to take a failed assessment. If a student fails a second time, a grade placement committee, consisting of the principal or designee, the teacher, and the student’s parent, will determine the additional special instruction the student will receive. After a third failed attempt, the student will be retained; however, the parent can appeal this decision to the committee. In order for the student to be promoted, based on standards previously established by the district, the decision of the committee must be unanimous and the student must complete additional special instruction before beginning the next grade level. Whether the student is retained or promoted, an educational plan for the student will be designed to enable the student to perform at grade level by the end of the next school year. [See policies at EIE.]
Certain students—some with disabilities and some with limited English proficiency—may be eligible for exemptions, accommodations, or deferred testing. For more information, see the principal, counselor, or special education director.
A Personal Graduation Plan (PGP) will be prepared for any student in a middle school or beyond who did not perform satisfactorily on a state-mandated assessment or is determined by the district as not likely to earn a high school diploma before the fifth school year following enrollment in grade 9. The PGP will be designed and implemented by a guidance counselor, teacher, or other staff member designated by the principal. The plan will, among other items, identify the student’s educational goals, address the parent’s educational expectations for the student, and outline an intensive instruction program for the student. [For additional information, see the principal, Donna McGuire, and policy EIF(LEGAL).] For a student receiving special education services, the student’s IEP may serve as the student’s PGP and would therefore be developed by the student’s ARD committee.
Because class time is important, doctor’s appointments should be scheduled, if possible, at times when the student will not miss instructional time.
A student who will need to leave school during the day must bring a note from his or her parent that morning and follow the campus sign-out procedures before leaving the campus. Otherwise, a student will not be released from school at times other than at the end of the school day. Unless the principal or superintendent has granted approval because of extenuating circumstances, a student will not regularly be released before the end of the instructional day.
If a student becomes ill during the school day, the student should receive permission from the teacher before reporting to the school nurse. The nurse will decide whether or not the student should be sent home and will notify the student’s parent.
Report cards with each student’s grades or performance and absences in each class or subject are issued to parents at least once every 3 weeks.
At the end of the first three weeks of a grading period or during the fourth week of a nine-week grading period, parents will be given a written progress report if their child’s performance in any course is near or below 70, or is below the expected level of performance. If the student receives a grade lower than 70 in any class or subject at the end of a grading period, the parent will be requested to schedule a conference with the teacher of that class or subject. [See Working Together on page 3 for how to schedule a conference.]
Teachers follow grading guidelines that have been approved by the principal pursuant to the board-adopted policy and are designed to reflect each student’s relative mastery of each assignment for the grading period, semester, or course. State law provides that a test or course grade issued by a teacher cannot be changed unless the board determines that the grade was arbitrary or contains an error, or that the teacher did not follow the district’s grading policy. [See policy EIA(LOCAL) and Grading Guidelines on page 26.]
Questions about grade calculation should first be discussed with the teacher; if the question is not resolved, the student or parent may request a conference with the principal in accordance with FNG(LOCAL).
The report card or unsatisfactory progress report will state whether tutorials are required for a student who receives a grade lower than 70 in a class or subject.
Report cards and unsatisfactory progress reports must be signed by the parent and returned to the school within 5 days.
[See Dating Violence, Discrimination, Harassment, and Retaliation on page 19.]
Student safety on campus and at school-related events is a high priority of the district. Although the district has implemented safety procedures, the cooperation of students is essential to ensuring school safety. A student should:
· Avoid conduct that is likely to put the student or others at risk.
· Follow the behavioral standards in this handbook and the Student Code of Conduct, as well as any additional rules for behavior and safety set by the principal, teachers, or bus drivers.
· Remain alert to and promptly report to a teacher or the principal any safety hazards, such as intruders on campus or threats made by any person toward a student or staff member.
· Know emergency evacuation routes and signals.
· Follow immediately the instructions of teachers, bus drivers, and other district employees who are overseeing the welfare of students.
Soon after the school year begins, parents will have the opportunity to purchase low-cost accident insurance that would help meet medical expenses in the event of injury to their child.
From time to time, students, teachers, and other district employees will participate in drills of emergency procedures. When the alarm is sounded, students should follow the direction of teachers or others in charge quickly, quietly, and in an orderly manner.
1 continuous bell leave the building
1 bell halt; stand at attention
2 bells return to the classroom
3 short bells (tor-na-do) move quietly but quickly to the designated locations
2 bells return to the classroom
If a student has a medical emergency at school or a school-related activity when the parent cannot be reached, the school may have to rely on written parental consent to obtain emergency medical treatment, and information about allergies to medications, foods, insect bites, etc. Therefore, parents are asked each year to complete an emergency care consent form. Parents should keep emergency care information up-to-date (name of doctor, emergency phone numbers, allergies, etc.). Please contact the school nurse to update any information that the nurse or the teacher needs to know.
Each year, parents are asked to complete an emergency release form to provide contact information in the event that school is dismissed early because of severe weather or another emergency.
Certain areas of the school will be accessible to students before and after school for specific purposes. Students are required to remain in the area where their activity is scheduled to take place.
The following areas are open to students before school, beginning at 7:30 a.m.
· Lego Gym
· Cafeteria
Unless the teacher or sponsor overseeing the activity gives permission, a student will not be permitted to go to another area of the building or campus.
After dismissal of school in the afternoon, and unless involved in an activity under the supervision of a teacher, students must leave campus immediately.
Teachers and administrators have full authority over student conduct at before- or after-school activities on district premises and at school-sponsored events off district premises, such as play rehearsals, club meetings, athletic practices, and special study groups or tutorials. Students are subject to the same rules of conduct that apply during the instructional day and will be subject to consequences established by the Student Code of Conduct or any stricter standards of behavior established by the sponsor for extracurricular participants.
Loitering or standing in the halls during class is not permitted. During class time, a student must have a hall pass to be outside the classroom for any purpose. Failure to obtain a pass will result in disciplinary action in accordance with the Student Code of Conduct.
The district participates in the School Breakfast Program and National School Lunch Program and offers students nutritionally balanced meals daily. Free and reduced-price meals are available based on financial need. Information about a student’s participation is confidential. See Chris Hackett, Food Service Manager, to apply.
The district follows the federal and state guidelines regarding foods of minimal nutritional value being served or sold on school premises during the school day. [For more information, see policy CO(LEGAL).]
The library is a learning laboratory with books, computers, magazines, and other materials available for classroom assignments, projects, and reading or listening pleasure.
Student-organized, student-led noncurriculum-related groups are permitted to meet during the hours designated by the principal before and after school. These groups must comply with the requirements of policy FNAB(LOCAL).
A list of these groups is available in the principal’s office.
In the interest of promoting student safety and attempting to ensure that schools are safe and drug free, district officials may from time to time conduct searches. Such searches are conducted without a warrant and as permitted by law.
Students’ desks and lockers are school property and remain under the control and jurisdiction of the school even when assigned to an individual student.
Students are fully responsible for the security and contents of their assigned desks and lockers. Students must be certain that their lockers are locked, and that the combinations are not available to others.
Searches of desks or lockers may be conducted at any time there is reasonable cause to believe that they contain articles or materials prohibited by policy, whether or not a student is present.
The parent will be notified if any prohibited items are found in the student’s desk or locker.
Use of district-owned equipment and its network systems is not private and will be monitored by the district. [See policy CQ for more information.]
Any searches of personal telecommunications or other personal electronic devices will be conducted in accordance with law, and the device may be confiscated in order to perform a lawful search. A confiscated device may be turned over to law enforcement to determine whether a crime has been committed.
[See policy FNF(LEGAL) for more information.]
Vehicles parked on school property are under the jurisdiction of the school. School officials may search any vehicle any time there is reasonable cause to do so, with or without the permission of the student. A student has full responsibility for the security and content of his or her vehicle and must make certain that it is locked and that the keys are not given to others. [See also the Student Code of Conduct.]
The district will use trained dogs to alert school officials to the presence of prohibited or illegal items, including drugs and alcohol. At any time, trained dogs may be used around lockers and the areas around vehicles parked on school property. Searches of classrooms, common areas, or student belongings may also be conducted by trained dogs when students are not present. An item in a classroom, a locker, or a vehicle to which a trained dog alerts may be searched by school officials.
The district provides special programs for gifted and talented students, homeless students, bilingual students, migrant students, students with limited English proficiency, dyslexic students, and students with disabilities. The coordinator of each program can answer questions about eligibility requirements, as well as programs and services offered in the district or by other organizations. A student or parent with questions about these programs should contact Holly Duncan, (903) 663-8000 hduncan@ndisd.org .
In addition to routine tests and other measures of achievement, students at certain grade levels will take state-mandated assessments, such as the STAAR, in the following subjects:
· Mathematics, annually in grades 3–8
· Reading, annually in grades 3–8
· Writing, including spelling and grammar, in grades 4 and 7
· Science in grades 5 and 8
· Social Studies in grade 8
Successful performance on the reading and math assessments in grades 5 and 8 is required by law in order for the student to be promoted to the next grade level. For the 2011–2012 school year only, this requirement will be waived. See Promotion and Retention on page 35 for additional information.
STAAR Modified and STAAR Alternate, for students receiving special education services, will be available for eligible students, as determined by the student’s ARD committee.
STAAR-L is a linguistically accommodated assessment that is available for certain limited English proficient (LEP) students, as determined by the student’s Language Proficiency Assessment Committee (LPAC).
Beginning with ninth graders in the 2011–2012 school year, end-of-course (EOC) assessments will be administered for the following courses:
· Algebra I, Geometry, and Algebra II
· English I, English II, and English III
· Biology, Chemistry, and Physics
· World Geography, World History, and United States History
Satisfactory performance on the applicable assessments will be required for graduation and will also affect the plan under which the student may graduate.
Normally, there will be three testing windows during the year in which a student may take an EOC assessment, which will occur during the fall, spring, and summer months. For the 2011–2012 school year, however, there will be only the spring and summer administrations of the EOC assessments.
In each content area (English language arts, mathematics, science, and social studies), a student must achieve a cumulative score. To determine whether the student meets the cumulative score, the student’s EOC assessment scores in each content area will be added together. If the student’s total score on the assessments within the content area is not equal to or greater than the cumulative score set by TEA, the student may retake any of the assessments in that content area until the student achieves the cumulative score. A student who does not achieve the minimum required score on any individual assessment will be required to retake that assessment.
A student may choose to retake an EOC assessment in situations other than those listed above as well.
STAAR Modified and STAAR Alternate, for students receiving special education services, will be available for eligible students, as determined by the student’s ARD committee. These particular EOC assessments may have different testing windows than the general assessments, and the ARD committee will determine whether successful performance on the assessments will be required for graduation.
STAAR-L, which is a linguistically accommodated assessment, will be available for students who have been determined to be limited English proficient (LEP) and who require this type of testing accommodation.
Additional information will be provided to students and parents prior to the spring 2012 administrations.
State law prohibits students from possessing, dispensing, delivering, or administering an anabolic steroid. Anabolic steroids are for medical use only, and only a physician can prescribe use.
Body building, muscle enhancement, or the increase of muscle bulk or strength through the use of an anabolic steroid or human growth hormone by a healthy student is not a valid medical use and is a criminal offense.
Students participating in UIL athletic competition may be subject to random steroid testing. More information on the UIL testing program may be found on the UIL Web site at http://www.uil.utexas.edu/athletics/health/steroid_information.html.
The district strives to assist any student who has been placed in either temporary or permanent conservatorship (custody) of the state of Texas with the enrollment and registration process, as well as other educational services throughout the student’s enrollment in the district.
Please contact Holly Duncan who has been designated as the district’s liaison for children in the conservatorship of the state, at hduncan@ndisd.org or 903-663-8000 with any questions.
The district provides students the opportunity to introduce the following school events: Pep rallies; and extracurricular banquets, graduation, and award ceremonies. Students are eligible to introduce these events if they are in the highest two grade levels of the school, volunteer, have written parent permission to speak, and are not in a disciplinary placement at the time of the speaking event.
A student who is eligible and wishes to introduce one of the school events listed above should submit his or her name to the Eligible students who wish to volunteer shall submit their names to
the campus principal during the first full four weeks of instruction each semester. Students are not eligible to volunteer if they are in a disciplinary placement during any part of the first four full weeks of instruction. If there are no student volunteers, the District shall seek volunteers again at the beginning of the next semester. The names of the eligible students who volunteer to introduce the designated school event shall be randomly drawn until all names have been selected; the names shall be listed in the order drawn. FNA(LOCAL).
As determined by the principal, students who have been selected for special honors, such as captain of an athletic team, student council officers, leaders of school-sponsored organizations, homecoming king or queen, or prom king or queen may also address school audiences at designated events.
[See FNA(LOCAL).]
The district is committed to partnering with parents to support the healthy mental, emotional, and behavioral development of its students. If you are concerned about your child, please access the following Web sites or contact the school counselor for more information related to suicide prevention and to find mental health services available in your area:
· www.texassuicideprevention.org
· http://www.dshs.state.tx.us/mhservices-search/
Various classes may be offered each summer for advancement, remediation, or loss of credit. Please check with the campus counselor for opportunities. These courses may require a fee.
A student is tardy when he/she is not in their correct place at the designated time. Repeated instances of tardiness will result in more severe disciplinary action, in accordance with the Student Code of Conduct.
A 4th and 5th grade student who is tardy will be subject to the following consequences. These will begin again each 6 weeks.
1st Tardy….Student is warned.
2nd Tardy…A notice is sent home and informs parents of tardy.
3rd Tardy… A notice is sent home and is assigned one lunch detention.
4th Tardy… A notice is sent home and is assigned one lunch detention and misses recess/free time.
5th Tardy… A notice is sent home and is assigned one day of lunch detention; misses recess/free time and assigned one after school detention.
6th Tardy… A notice is sent home, a parent conference is held and the student is assigned one day of lunch detention; misses recess/free time and assigned one after school detention. .
7th Tardy… … A notice is sent home and the student is assigned two days of lunch detention; misses recess/free time and assigned two days of after school detention
8th Tardy… Parent notified and/ one Saturday School.
9th Tardy…Truancy charges filed.
3 tardies equal one absence. Therefore, truancy charges may be filed sooner if absences are excessive as well.
From the Attendance Section of the Handbook. “A court of law may also impose penalties against both the student and his or her parents if a school-aged student is deliberately not attending school. A complaint against the parent may be filed in court if the student:
· Is absent from school on ten or more days or parts of days (parts of days include tardiness) within a six-month period in the same school year, or
· Is absent on three or more days or parts of days (parts of days include tardiness) within a four-week period.
If the student is over age 18, the student’s parents will not be subject to penalties as a result of their child’s violation of state compulsory attendance law. [See FEA(LEGAL).]” Please have your child here each and every day on time.
State-approved textbooks are provided to students free of charge for each subject or class. Books must be covered by the student, as directed by the teacher, and treated with care. Electronic textbooks and technological equipment may also be provided to students, depending on the course and course objectives. A student who is issued a damaged item should report the damage to the teacher. Any student failing to return an item in acceptable condition loses the right to free textbooks and technological equipment until the item is returned or paid for by the parent; however, the student will be provided textbooks and equipment for use at school during the school day.
New Diana ISD accepts or rejects transfer students without regard or preference for race, religion, color, sex, disability, national origin or ancestral language. Currently, decisions about accepting or rejecting transfer students are made on an annual basis and are based on factors described below.
To be considered for a transfer, parents acknowledge their understanding by their signature that:
· Decisions about transfers will be based on the factors listed below
· Does the student have attendance problems?
· Is school performance such that no additional services are needed?
· If a current student, is there a record of timely payments?
· Will this transfer adversely affect the student/teacher ratio in the grade level?
· Decisions about transfers will be made annually
· Acceptance of their child as a transfer student does not obligate the district to accept other children in the family
·Currently, the transfer fee for 2010-2011 is $900 for the first child in a family and $300 for each additional child.
[See School Safety Transfers, on page 7, and Options and Requirements for Providing Assistance to Students Who Have Learning Difficulties or Who Need or May Need Special Education, on page 7, for other transfer options.]
Students who participate in school-sponsored trips are required to use transportation provided by the school to and from the event. The principal, however, may make an exception if the parent makes a written request that the student be released to the parent or to another adult designated by the parent.
The district makes school bus transportation available to all students living two or more miles from school. This service is provided at no cost to students. Bus routes and any subsequent changes are posted at the school and on the district’s Web Site www.ndisd.org
A parent may also designate a child-care facility or grandparent’s residence as the regular pickup and drop-off location for his or her child. The designated facility or residence must be on an approved stop on an approved route. For information on bus routes and stops or to designate an alternate pickup or drop-off location, you may contact the Intermediate Office at 903-663-8003
See the Student Code of Conduct for provisions regarding transportation to the DAEP.
Students are expected to assist district staff in ensuring that buses remain in good condition and that transportation is provided safely. When riding in district vehicles, students are held to behavioral standards established in this handbook and the Student Code of Conduct. Students must:
· Follow the driver’s directions at all times.
· Enter and leave the bus or van in an orderly manner at the designated stop.
· Keep feet, books, instrument cases, and other objects out of the aisle.
· Not deface the bus, van, or its equipment.
· Not put head, hands, arms, or legs out of the window, hold any object out of the window, or throw objects within or out of the bus or van.
· Not possess or use any form of tobacco on school buses.
· Observe all usual classroom rules.
· Be seated while the vehicle is moving.
· Fasten their seat belts, if available.
· Wait for the driver’s signal upon leaving the bus or van and before crossing in front of the vehicle.
Misconduct will be punished in accordance with the Student Code of Conduct; bus-riding privileges may be suspended.
The taxpayers of the community have made a sustained financial commitment for the construction and upkeep of school facilities. To ensure that school facilities can serve those for whom they are intended—both this year and for years to come—littering, defacing, or damaging school property is not tolerated. Students will be required to pay for damages they cause and will be subject to criminal proceedings as well as disciplinary consequences in accordance with the Student Code of Conduct.
For safety purposes, video/audio equipment may be used to monitor student behavior, including on buses and in common areas on campus. Students will not be told when the equipment is being used.
The principal will review the video/audio recordings routinely and document student misconduct. Discipline will be in accordance with the Student Code of Conduct.
Parents and others are welcome to visit district schools. For the safety of those within the school and to avoid disruption of instructional time, all visitors must first report to the principal’s office and must comply with all applicable district policies and procedures – which include providing a valid driver’s license or state i.d.
Visits to individual classrooms during instructional time are permitted only with approval of the principal and teacher and only so long as their duration or frequency does not interfere with the delivery of instruction or disrupt the normal school environment.
All visitors are expected to demonstrate the highest standards of courtesy and conduct; disruptive behavior will not be permitted.
On Career Day New Diana Intermediate Schoo, may invite representatives from colleges and universities and other higher education institutions, prospective employers, and military recruiters to present information to students.
A student under 18 may be withdrawn from school only by a parent. The school requests notice from the parent at least three days in advance so that records and documents may be prepared. The parent may obtain a withdrawal form from the principal’s office.
On the student’s last day, the withdrawal form must be presented to each teacher for current grade averages and book and equipment clearance; to the librarian to ensure a clear library record; to the clinic for health records; to the counselor for the last report card and course clearance; and finally, to the principal. A copy of the withdrawal form will be given to the student, and a copy will be placed in the student’s permanent record.
A student who is 18 or older, who is married, or who has been declared by a court to be an emancipated minor may withdraw without parental signature.
Accelerated instruction is an intensive supplemental program designed to address the needs of an individual student in acquiring the knowledge and skills required at his or her grade level and/or as a result of a student not meeting the passing standard on a state-mandated assessment.
ACT refers to one of the two most frequently used college or university admissions exams: the American College Test. The test may be a requirement for admission to certain colleges or universities.
ARD is the admission, review, and dismissal committee convened for each student who is identified as needing a full and individual evaluation for special education services. The eligible student and his or her parents are members of the committee.
Attendance review committee is sometimes responsible for reviewing a student’s absences when the student’s attendance drops below 90 percent of the days the class is offered. Under guidelines adopted by the board, the committee will determine whether there were extenuating circumstances for the absences and whether the student needs to complete certain conditions to master the course and regain credit lost because of absences.
DAEP stands for disciplinary alternative education program, a placement for students who have violated certain provisions of the Student Code of Conduct.
EOC assessments are end-of-course tests, which are state-mandated, and are part of the STAAR program. Successful performance on EOC assessments will be required for graduation beginning with students in grade 9 during the 2011–2012 school year. These exams will be given in English I, English II, English III, Algebra I, Geometry, Algebra II, Biology, Chemistry, Physics, World Geography, World History, and United States History.
FERPA refers to the federal Family Educational Rights and Privacy Act that grants specific privacy protections to student records. The law contains certain exceptions, such as for directory information, unless a student’s parent or a student 18 or older directs the school not to release directory information.
IEP is the written record of the individualized education program prepared by the ARD committee for a student with disabilities who is eligible for special education services. The IEP contains several parts, such as a statement of the student’s present educational performance; a statement of measurable annual goals, with short-term objectives; the special education and related services and supplemental aids and services to be provided, and program modifications or support by school personnel; a statement regarding how the student’s progress will be measured and how the parents will be kept informed; accommodations for state or district wide tests; whether successful completion of state-mandated assessments is required for graduation, etc.
ISS refers to in-school suspension, a disciplinary technique for misconduct found in the Student Code of Conduct. Although different from out-of-school suspension and placement in a DAEP, ISS removes the student from the regular classroom.
LAT stands for linguistically accommodated testing, which is an assessment process for recent immigrant English language learners who are required to be assessed in certain grades and subjects under the NCLB Act.
NCLB Act is the federal No Child Left Behind Act of 2001.
PGP stands for Personal Graduation Plan , which is recommended for all students entering grade 9 and is required by state law for any student in middle school or higher who fails a section on a state-mandated test or is identified by the district as not likely to earn a high school diploma before the fifth school year after he or she begins grade 9.
SAT refers to one of the two most frequently used college or university admissions exams: the Scholastic Aptitude Test. The test may be a requirement for admissions to certain colleges or universities.
SHAC stands for School Health Advisory Council, a group of at least five members, a majority of whom must be parents, appointed by the school board to assist the district in ensuring that local community values and health issues are reflected in the district’s health education instruction.
Section 504 is the federal law that prohibits discrimination against a student with a disability, requiring schools to provide opportunities for equal services, programs, and participation in activities. Unless the student is determined to be eligible for special education services under the Individuals with Disabilities Education Act (IDEA), general education with appropriate instructional accommodations will be provided.
STAAR is the State of Texas Assessments of Academic Readiness, the state’s system of standardized academic achievement assessments, effective beginning with certain students for the 2011–2012 school year.
STAAR Alternate is an alternative state-mandated assessment designed for students with severe cognitive disabilities receiving special education services who meet the participation requirements, as determined by the student’s ARD committee.
STAAR Modified is an alternative state-mandated assessment based on modified achievement standards that is administered to eligible students receiving special education services, as determined by the student’s ARD committee.
STAAR Linguistically Accommodated (STAAR L) is an alternative state-mandated assessment with linguistic accommodations designed for certain recent immigrant English language learners.
State-mandated assessments are required of students at certain grade levels and in specified subjects. Successful performance sometimes is a condition of promotion, and passing the grade 11 exit-level test or end-of-course assessments, when applicable, is a condition of graduation. Students have multiple opportunities to take the tests if necessary for promotion or graduation.
Student Code of Conduct is developed with the advice of the district-level committee and adopted by the board and identifies the circumstances, consistent with law, when a student may be removed from the classroom or campus. It also sets out the conditions that authorize or require the principal or another administrator to place the student in a DAEP. It outlines conditions for out-of-school suspension and for expulsion. The Student Code of Conduct also addresses notice to the parent regarding a student’s violation of one of its provisions.
TAKS is the Texas Assessment of Knowledge and Skills, the state’s standardized achievement test currently given to students in certain subjects in grades 10 and 11 and required for graduation for students at these grade levels. .
TELPAS stands for the Texas English Language Proficiency Assessment System, which assesses the progress that English language learners make in learning the English language, and is administered for those who meet the participation requirements in kindergarten–grade 12.
TxVSN is the Texas Virtual School Network, which provides online courses for Texas students to supplement the instructional programs of public school districts. Courses are taught by qualified instructors, and courses are equivalent in rigor and scope to a course taught in a traditional classroom setting.
UIL refers to the University Interscholastic League, the statewide voluntary nonprofit organization that oversees educational extracurricular academic, athletic, and music contests.
New Diana Independent School District
www.ndisd.org

CODE OF CONDUCT
2011-2012
Table of Contents
TOC \o "1-4" \h \z \u
Purpose…………………………………………………………………………………………
Contents ……………………………………………………………………………………………….
School District Authority and Jurisdiction…………………………………………………………
Reporting Crimes………………………………………………………………………………..……..
Standards for Student Conduct……………………………………………………………………………
General Conduct Violations………………………………………………………………………………
Disregard for Authority…………………………………………………………………………….…..
Mistreatment of Others………………………………………………………………………………...
Property Offenses…………………………………………………………….…………………………
Possession of Prohibited Items………………………………………………………………….……...
Possession of Telecommunications or Other Electronic Devices………………………………………
Illegal, Prescription, and Over-the-Counter Drugs……
Misuse of Computers and the Internet…………………………………………….……………………
Safety Transgressions…………………………………………………………………………….
Miscellaneous Offenses…………………………………………………………...……………………
Discipline Management Techniques………………………………………………………...………….
Students with Disabilities…………………………………………………...………………………….
Techniques…………………………………………………...…………………………………………
Notification …………………………………………………...……………………………………....
Appeals…………………………………………………...………………………………………..….
Removal from the Regular Educational Setting…………………………………………………...….
Routine Referral…………………………………………………...…………………………………..
Formal Removal…………………………………………………...…………………………………..
Returning Student to Classroom………………………………………………………………………
Out-of-School Suspension…………………………………………………...…………………………..
Misconduct …………………………………………………...……………………………………….
Process…………………………………………………...……………………………………………
Disciplinary Alternative Education Program (DAEP) Placement………………………………………
Discretionary Placement: Misconduct That May Result in DAEP Placement
Misconduct Identified in State Law…………………………………………………...………........
Mandatory Placement: Misconduct That Requires DAEP Placement…………………………………………………...……………………
Sexual Assault and Campus Assignments…………………………………………………...………………………………………
Emergencies…………………………………………………...………………………………………
Process…………………………………………………...……………………………………………
Conference…………………………………………………...…………………………………..…
Placement Order…………………………………………………...……………………………...................…
Length of Placement…………………………………………………...……………………………...
Exceeds One Year…………………………………………………...……………………………...
Exceeds School Year…………………………………………………...…………………………..
Exceeds 60 Days…………………………………………………...……………………………….
Appeals…………………………………………………...…………………………………………...
Restrictions during Placement. …………………………………………………...………………..…
Placement Review…………………………………………………...……………………………...…
Additional Misconduct…………………………………………………...……………………………
Notice of Criminal Proceedings…………………………………………………...…………………..
Withdrawal during Process …………………………………………………...……………….………
Newly Enrolled Students…………………………………………………...…………………………
Emergency Placement Procedure…………………………………………………...……...…………
Placement and/or Expulsion for Certain Serious Offenses………………………………………………
Registered Sex Offenders…………………………………………………..........……………………
Review Committee…………………………………………………...…………….………………
Newly Enrolled Student…………………………………………………...……..…………………
Appeal…………………………………………………...……………………………………….…
Certain Felonies…………………………………………………...………………………..…………
Hearing and Required Findings…………………………………………………...………………..
Length of Placement…………………………………………………...………………………...…
Newly Enrolled Students…………………………………………………...………..…………..…
Expulsion…………………………………………………...……………………………………………
Discretionary Expulsion: Misconduct That May Result in Expulsion………………………………..
Any Location…………………………………………………...…………………..………………
At School, Within 300 Feet, or at a School Event………………………..…...……………………
Within 300 Feet of School……………………………………………..……...……………………
Property of Another District…………………………………………………...…………...………
While in DAEP…………………………………………………...…………………...……………
Mandatory Expulsion: Misconduct That Requires Expulsion…………………………………...……
Federal Law…………………………………………………...……………………………………
Texas Penal Code…………………………………………………...………………………………
Under Age Ten…………………………………………………...……………………………………
Emergency…………………………………………………...……………………………..…………
Process…………………………………………………...……………………………………………
Hearing…………………………………………………...…………………………………………
Expulsion Order…………………………………………………………..…...……………………
Length of Expulsion…………………………………………………...………………………………
Withdrawal during Process ……………………………………………….……...……………………
Additional Misconduct…………………………………………………………...……………………
Restrictions during Expulsion…………………………………………………...……………………
Newly Enrolled Students………………………………………………………...……………………
DAEP Placement of Expelled Students………………………………………………………………
Glossary…………………………………………………...…………………………….………………26
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, out-of-school suspension, placement in a disciplinary alternative education program (DAEP), or expulsion from school.
This Student Code of Conduct has been adopted by the New Diana 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 shall be posted at each school campus or will be available for review at the office of the campus principal. Additionally the Code will be posted on the district’s website www.ndisd.org 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 shall prevail.
This Code is organized into the following sections:
School District Authority and Jurisdiction...................................................................... page # 2
Standards for Student Conduct..................................................................................... page # 3
General Conduct Violations........................................................................................... page # 4
Discipline Management Techniques............................................................................. page # 8
Removal from the Regular Educational Setting.......................................................... page # 10
Out-of-School Suspension.......................................................................................... page # 11
DAEP Placement........................................................................................................ page # 12
Placement and/or Expulsion for Certain Serious Offenses........................................ page # 18
Expulsion..................................................................................................................... page # 20
Glossary....................................................................................................................... page # 26
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;
9. When the student commits a felony, as provided by Education Code 37.006 or 37.0081; and
10. When the student is required to register as a sex offender.
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 administrators conduct routine blanket inspections and searches of lockers and desks.
School administrators shall report crimes as required by law and shall 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 Out-of-School Suspension, DAEP Placement, Placement and/or Expulsion for Certain Serious Offenses, 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.
Students shall not:
· Fail to comply with directives given by school personnel (insubordination).
· Leave school grounds or school-sponsored events without permission.
· Disobey rules for conduct on school buses.
· Refuse to accept discipline management techniques assigned by a teacher or principal.
· Use profanity or vulgar language or make obscene gestures.
· Fight or scuffle. (For assault see DAEP Placement and Expulsion.)
· Threaten a district student, employee, or volunteer, including off school property, if the conduct causes a substantial disruption to the educational environment.
· Engage in bullying, harassment, or making hit lists. (See glossary for all three terms.)
· Engage in conduct that constitutes sexual harassment or sexual abuse, whether by word, gesture, or any other conduct, directed toward another person, including a district student, employee, or volunteer.
· Engage in conduct that constitutes dating violence (See Glossary)
· Engage in inappropriate or indecent exposure of private body parts.
· Participate in hazing. (See glossary.)
· Cause an individual to act through the use of or threat of force (coercion).
· Commit extortion or blackmail (obtaining money or an object of value from an unwilling person).
· Engage in inappropriate verbal, physical, or sexual conduct directed toward another person, including a district student, employee, or volunteer.
· Record the voice or image of another without the prior consent of the individuals being recorded or in any way that disrupts the educational environment or invades the privacy of others.
Students shall not:
· Damage or vandalize property owned by others. (For felony criminal mischief see DAEP Placement or Expulsion.)
· Deface or damage school property—including textbooks, lockers, furniture, and other equipment—with graffiti or by other means.
· Steal from students, staff, or the school.
· Commit or assist in a robbery or theft even if it does not constitute a felony according to the Texas Penal Code. (For felony robbery, aggravated robbery, and theft see DAEP Placement and Expulsion.)
· Students shall not possess or use:
· 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 or any other small knife;
· 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.)
Students shall not:
· Possess or sell seeds or pieces of marijuana in less than a usable amount. (For illegal drugs, alcohol, and inhalants see DAEP Placement and Expulsion.)
· Possess, use, give, or sell paraphernalia related to any prohibited substance. (See glossary for “paraphernalia.”)
· Possess or sell look-alike drugs or attempt to pass items off as drugs or contraband.
· Abuse the student’s own prescription drug, give a prescription drug to another student, or possess or be under the influence of another person’s prescription drug on school property or at a school-related event. (See glossary for “abuse.”)
· Abuse over-the-counter drugs. (See glossary for “abuse.”)
· Be under the influence of prescription or over-the-counter drugs that cause impairment of the physical or mental faculties. (See glossary for “under the influence.”)
· Have or take prescription drugs or over-the-counter drugs at school other than as provided by district policy.
Students shall not:
· Violate policies, rules, or agreements signed by the student or the student’s parent regarding the use of technology resources..
· Attempt to access or circumvent passwords or other security-related information of the district, students, or employees or upload or create computer viruses, including off school property if the conduct causes a substantial disruption to the educational environment.
· Attempt to alter, destroy, or disable district technology resources including but not limited to computers and related equipment, district data, the data of others, or other networks connected to the district’s system, including off school property if the conduct causes a substantial disruption to the educational environment.
· Use the Internet or other electronic communications to threaten district students, employees, or volunteers, including cyberbullying and “sexting,” either on or off school property if the conduct causes a substantial disruption to the educational environment.
· Send, post, or possess electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal, including off school property if the conduct causes a substantial disruption to the educational environment.
· Use e-mail or Web sites to engage in or encourage illegal behavior or threaten school safety, including off school property if the conduct causes a substantial disruption to the educational environment.
Students shall not:
· Possess published or electronic material that is designed to promote or encourage illegal behavior or that could threaten school safety.
· Engage in verbal (oral or written) exchanges that threaten the safety of another student, a school employee, or school property.
· Make false accusations or perpetrate hoaxes regarding school safety.
· Engage in any conduct that school officials might reasonably believe will substantially disrupt the school program or incite violence.
· Throw objects that can cause bodily injury or property damage.
· Discharge a fire extinguisher without valid cause.
Students shall not:
· Violate dress and grooming standards as communicated in the student handbook.
· Cheat or copy the work of another.
· Gamble.
· Falsify records, passes, or other school-related documents.
· Engage in actions or demonstrations that substantially disrupt or materially interfere with school activities.
· Repeatedly violate 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 Management Techniques
Discipline shall be designed to improve conduct and to encourage students to adhere to their responsibilities as members of the school community. Disciplinary action shall draw on the professional judgment of teachers and administrators and on a range of discipline management techniques. Discipline shall 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 shall 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, regardless of whether the action is mandatory or discretionary, the district shall 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 correction, oral or written.
· 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.
· Grade reductions for cheating, plagiarism, and as otherwise permitted by policy.
· 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.
· Corporal punishment, unless the student’s parent or guardian has provided a signed statement prohibiting its use.
· Out-of-school suspension, as specified in the Out-of-School Suspension section of this Code.
· Placement in a DAEP, as specified in the DAEP section of this Code.
· Placement and/or expulsion in an alternative educational setting, as specified in the Placement and/or Expulsion for Certain Serious Offenses 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 shall notify a student’s parent by phone or in writing of any violation that may result in an out-of-school suspension, placement in a DAEP, or expulsion. Notification will be made within three school days after the administrator becomes aware of the violation.
Questions from parents regarding disciplinary measures should be addressed to the teacher or campus administration, as appropriate. Appeals or complaints regarding the use of specific discipline management techniques should be addressed 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.tasb.org/policy/pol/private/203906/ Consequences shall not be deferred pending the outcome of a grievance.
Removal from the Regular Educational Setting
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 with the student’s classmates’ ability to learn; 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 shall 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 shall inform the student of the misconduct for which he or she is charged and the consequences. The administrator shall 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 out-of-school suspension, the district shall take into consideration:
Self-defense (see glossary),
15. Intent or lack of intent at the time the student engaged in the conduct, and
16. 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 shall 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 shall 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 shall be determined by the appropriate administrator, but shall not exceed three school days.
The appropriate administrator shall determine any restrictions on participation in school-sponsored or school-related extracurricular and co-curricular activities.
The DAEP shall be provided in a setting other than the student’s regular classroom. An elementary school student may not be placed in a DAEP with a student who is not an elementary school student.
For purposes of DAEP, elementary classification shall be kindergarten – grade 5 and secondary classification shall be grades 6 – 12
Summer programs provided by the district shall serve students assigned to a DAEP in conjunction with other students.
A student who is expelled for an offense that otherwise would have resulted in a DAEP placement does not have to be placed in a DAEP in addition to the expulsion.
In deciding whether to place a student in a DAEP, regardless of whether the action is mandatory or discretionary, the district shall take into consideration:
· Self-defense (see glossary),
· Intent or lack of intent at the time the student engaged in the conduct, and
· The student’s disciplinary history.
In accordance with state law, a student may be placed in a DAEP for any one of the following offenses:
· 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, secret society, or gang. (See glossary.)
· Involvement in criminal street gang activity. (See glossary.)
· Criminal mischief, not punishable as 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 aggravated robbery or 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.
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.
· Commits an assault (see glossary) under Texas Penal Code 22.01(a)(1).
· Sells, gives, or delivers to another person, or possesses, uses, or is under the influence of marijuana, a controlled substance, or a dangerous drug in an amount not constituting a felony offense. (School-related felony drug offenses are addressed in the Expulsion section.) (See glossary for “under the influence.”)
· Sells, gives, or delivers to another person an alcoholic beverage; commits a serious act or offense while under the influence of alcohol; or possesses, uses, or is under the influence of alcohol, if the conduct is not punishable as a felony offense. (School-related felony alcohol offenses are addressed in the Expulsion section.)
· Behaves in a manner that contains the elements of an offense relating to abusable volatile chemicals.
· Behaves in a manner that contains the elements of the offense of public lewdness or indecent exposure.
· Engages in expellable conduct and is between six and nine years of age.
· Commits a federal firearms violation and is younger than six years of age.
· Engages in conduct that contains the elements of the offense of retaliation against any school employee or volunteer on or off school property. (Committing retaliation in combination with another expellable offense is addressed in the Expulsion section of this Code.)
· Engages in conduct punishable as aggravated robbery or a felony listed under Title 5 (see glossary) of the Texas Penal Code when the conduct occurs off school property and not at a school-sponsored or school-related event and:
1. The student receives deferred prosecution (see glossary),
2. A court or jury finds that the student has engaged in delinquent conduct (see glossary), or
3. The superintendent or designee has a reasonable belief (see glossary) that the student engaged in the conduct.
If a student has been convicted of continuous sexual abuse of a young child or children or convicted of or placed on deferred adjudication for sexual assault or aggravated sexual assault against another student on the same campus, and if the victim's parent or another person with the authority to act on behalf of the victim requests that the board transfer the offending student to another campus, the offending student shall be transferred to another campus in the district. If there is no other campus in the district serving the grade level of the offending student, the offending student shall be transferred to a DAEP.
In an emergency, the principal or the principal’s designee may order the immediate placement of a student in a DAEP for any reason for which placement in a DAEP may be made on a nonemergency basis.
Removals to a DAEP shall be made by the Principal or the Administrator in charge.
When a student is removed from class for a DAEP offense, the appropriate administrator will schedule a conference within three school days with the student’s parent, the student, and the teacher, in the case of a teacher removal.
At the conference, the appropriate administrator shall inform the student, orally or in writing, of the reasons for the removal and shall give the student an explanation of the basis for the removal and an opportunity to respond to the reasons for the removal.
Following valid attempts to require attendance, the district may hold the conference and make a placement decision regardless of whether the student or the student’s parents attend the conference.
After the conference, if the student is placed in the DAEP, the appropriate administrator shall write a placement order. A copy of the DAEP placement order shall be sent to the student and the student’s parent.
Not later than the second business day after the conference, the board’s designee shall deliver to the juvenile court a copy of the placement order and all information required by Section 52.04 of the Family Code.
If the student is placed in the DAEP and the length of placement is inconsistent with the guidelines included in this Code, the placement order shall give notice of the inconsistency.
The duration of a student’s placement in a DAEP shall be determined by the Principal or the Administrator in charge.
The duration of a student’s placement shall be determined on a case-by-case basis. DAEP placement shall be correlated to the seriousness of the offense, the student’s age and grade level, the frequency of misconduct, the student’s attitude, and statutory requirements.
The maximum period of DAEP placement shall be one calendar year except as provided below.
The district shall administer the required pre- and post-assessments for students assigned to DAEP for a period of 90 days or longer in accordance with established district administrative procedures for administering other diagnostic or benchmark assessments.
Placement in a DAEP may exceed one year when a review by the district determines that:
1. The student is a threat to the safety of other students or to district employees, or
2. Extended placement is in the best interest of the student.
The statutory limitations on the length of a DAEP placement do not apply to a placement resulting from the board’s decision to place a student who engaged in the sexual assault of another student so that the students are not assigned to the same campus.
Students who commit offenses requiring placement in a DAEP at the end of one school year may be required to continue that placement at the start of the next school year to complete the assigned term of placement.
For placement in a DAEP to extend beyond the end of the school year, the Principal or the Administrator in charge 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 has engaged in serious or persistent misbehavior (see glossary) that violates the district’s Code.
For placement in a DAEP to extend beyond 60 days or the end of the next grading period, whichever is sooner, a student’s parent shall be given notice and the opportunity to participate in a proceeding before the board or the board’s designee.
Questions from parents regarding disciplinary measures should be addressed to the campus administration. Appeals regarding the decision to place a student in a DAEP should be addressed to the campus administrator in accordance with policy FOC(LEGAL). All other appeals regarding a placement in a DAEP should be addressed in accordance with policy FNG(LOCAL). A copy of this 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.tasb.org/policy/pol/private/230906
Disciplinary consequences will not be deferred pending the outcome of an appeal. The decision to place a student in a DAEP cannot be appealed beyond the board.
The district does not permit a student who is placed in a DAEP to participate in any school-sponsored or school-related extracurricular or co-curricular activity, including seeking or holding honorary positions and/or membership in school-sponsored clubs and organizations.
A student placed in a DAEP shall not be provided transportation unless he or she is a student with a disability who has transportation designated as a related service in the student’s IEP.
For seniors who are eligible to graduate and are assigned to a DAEP at the time of graduation, the placement in the program shall continue through graduation, and the student shall not be allowed to participate in the graduation ceremony and related graduation activities..
A student placed in a DAEP shall be provided a review of his or her status, including academic status, by the Principal or the Administrator in charge at intervals not to exceed 120 days. In the case of a high school student, the student’s progress toward graduation and the student’s graduation plan shall also be reviewed. At the review, the student or the student’s parent shall be given the opportunity to present arguments 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.
If during the term of placement in a DAEP the student engages in additional conduct for which placement in a DAEP or expulsion is required or permitted, additional proceedings may be conducted, and the appropriate administrator may enter an additional disciplinary order as a result of those proceedings.
The office of the prosecuting attorney shall notify the district if a student was placed in a DAEP for certain offenses including any felony, unlawful restraint, indecent exposure, assault, deadly conduct, terroristic threats, organized crime, certain drug offenses, or possession of a weapon, and:
1. Prosecution of a student’s case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, deferred adjudication (see glossary), or deferred prosecution will be initiated; or
2. The court or jury found a student not guilty, or made a finding that the student did not engage in delinquent conduct or conduct indicating a need for supervision, and the case was dismissed with prejudice.
If a student was placed in a DAEP for such conduct, on receiving the notice from the prosecutor, the superintendent or designee shall review the student’s placement and schedule a review with the student’s parent not later than the third day after the superintendent or designee receives notice from the prosecutor. The student may not be returned to the regular classroom pending the review.
After reviewing the notice and receiving information from the student’s parent, the superintendent or designee may continue the student’s placement if there is reason to believe that the presence of the student in the regular classroom threatens the safety of other students or teachers.
The student or the student’s parent may appeal the superintendent’s decision to the board. The student may not be returned to the regular classroom pending the appeal. In the case of an appeal, the board shall, at the next scheduled meeting, review the notice from the prosecutor and receive information from the student, the student’s parent, and the superintendent or designee, and confirm or reverse the decision of the superintendent or designee. The board shall make a record of the proceedings.
If the board confirms the decision of the superintendent or designee, the student and the student’s parent may appeal to the Commissioner of Education. The student may not be returned to the regular classroom pending the appeal.
When a student violates the district’s Code in a way that requires or permits the student to be placed in a DAEP and the student withdraws from the district before a placement order is completed, the district may complete the proceedings and issue a placement order. If the student then reenrolls in the district during the same or a subsequent school year, the district may enforce the order at that time, less any period of the placement that has been served by the student during enrollment in another district. If the appropriate administrator or the board fails to issue a placement order after the student withdraws, the next district in which the student enrolls may complete the proceedings and issue a placement order.
The district shall continue the DAEP placement of a student who enrolls in the district and was assigned to a DAEP in an open-enrollment charter school or another district
A newly enrolled student with a DAEP placement from a district in another state shall be placed as any other newly enrolled student if the behavior committed is a reason for DAEP placement in the receiving district.
If the student was placed in a DAEP by a school district in another state for a period that exceeds one year, this district, by state law, shall reduce the period of the placement so that the total placement does not exceed one year. After a review, however, the placement may be extended beyond a year if the district determines that the student is a threat to the safety of other students or employees or the extended placement is in the best interest of the student.
When an emergency placement occurs, the student shall be given oral notice of the reason for the action. Not later than the tenth day after the date of the placement, the student shall be given the appropriate conference required for assignment to a DAEP.
This section includes two categories of serious offenses for which the Education Code provides unique procedures and specific consequences.
Upon receiving notification in accordance with state law that a student is currently required to register as a sex offender, the administration must remove the student from the regular classroom and determine appropriate placement unless the court orders JJAEP placement.
If the student is under any form of court supervision, including probation, community supervision, or parole, the placement shall be in either DAEP or JJAEP for at least one semester.
If the student is not under any form of court supervision, the placement may be in DAEP or JJAEP for one semester or the placement may be in a regular classroom. The placement may not be in the regular classroom if the board or its designee determines that the student’s presence:
1. Threatens the safety of other students or teachers,
2. Will be detrimental to the educational process, or
3. Is not in the best interests of the district’s students.
At the end of the first semester of a student’s placement in an alternative educational setting and before the beginning of each school year for which the student remains in an alternative placement, the district shall convene a committee, in accordance with state law, to review the student’s placement. The committee shall recommend whether the student should return to the regular classroom or remain in the placement. Absent a special finding, the board or its designee must follow the committee’s recommendation.
The placement review of a student with a disability who receives special education services must be made by the ARD committee.
If a student enrolls in the district during a mandatory placement as a registered sex offender, the district may count any time already spent by the student in a placement or may require an additional semester in an alternative placement without conducting a review of the placement.
A student or the student’s parent may appeal the placement by requesting a conference between the board or its designee, the student, and the student’s parent. The conference is limited to the factual question of whether the student is required to register as a sex offender. Any decision of the board or its designee under this section is final and may not be appealed.
Regardless of whether placement or expulsion is required or permitted by one of the reasons in the DAEP Placement or Expulsion sections, in accordance with Education Code 37.0081, a student may be expelled and placed in either DAEP or JJAEP if the board or its designee makes certain findings and the following circumstances exist in relation to aggravated robbery or a felony offense under Title 5 (see glossary) of the Texas Penal Code. The student must:
· Have received deferred prosecution for conduct defined as aggravated robbery or a Title 5 felony offense;
· Have been found by a court or jury to have engaged in delinquent conduct for conduct defined as a aggravated robbery or Title 5 felony offense;
· Have been charged with engaging in conduct defined as aggravated robbery or a Title 5 felony offense;
· Have been referred to a juvenile court for allegedly engaging in delinquent conduct for conduct defined as aggravated robbery or a Title 5 felony offense; or
· Have received probation or deferred adjudication or have been arrested for, charged with, or convicted of a Title 5 felony offense.
The district may expel the student and order placement under these circumstances 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.
The student must first have a hearing before the board or its designee, who must determine that in addition to the circumstances above that allow for the expulsion, 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.
Any decision of the board or the board’s designee under this section is final and may not be appealed.
The student is subject to the placement until:
1. The student graduates from high school,
2. The charges are dismissed or reduced to a misdemeanor offense, or
3. The student completes the term of the placement or is assigned to another program.
A student who enrolls in the district before completing a placement under this section from another school district must complete the term of the placement.
In deciding whether to order expulsion, regardless of whether the action is mandatory or discretionary, the district will take into consideration:
Self-defense (see glossary),
1. Intent or lack of intent at the time the student engaged in the conduct, and
2. The student’s disciplinary history.
A student may be expelled for:
· Engaging in the following, no matter where it takes place:
· Conduct that contains the elements of assault under Penal Code 22.01(a)(1) in retaliation against a school employee or volunteer.
· Criminal mischief, if punishable as a felony
· Engaging in conduct that contains the elements of one of the following offenses against another student, without regard to where the conduct occurs:
· Aggravated assault.
· Sexual assault.
· Aggravated sexual assault.
· Murder.
· Capital murder.
· Criminal attempt to commit murder or capital murder.
· Aggravated robbery.
· Breach of computer security
· Engaging in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat involving a public school.
A student may be expelled for committing any of the following offenses on 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:.
· Selling, giving, or delivering to another person, or possessing, using, or being under the influence of marijuana, a controlled substance, or a dangerous drug, if the conduct is not punishable as a felony. (See glossary for “under the influence.”)
· Selling, giving, or delivering to another person, or possessing, using, or being under the influence of alcohol; or committing a serious act or offense while under the influence of alcohol, if the conduct is not punishable as a felony.
· Engaging in conduct that contains the elements of an offense relating to abusable volatile chemicals.
· Engaging in conduct that contains the elements of assault under Section 22.01(a)(1) against an employee or a volunteer.
· Engaging in deadly conduct. (See glossary.)
A student may be expelled for engaging in the following conduct while within 300 feet of school property, as measured from any point on the school’s real property boundary line:
· Aggravated assault, sexual assault, or aggravated sexual assault.
· Arson. (See glossary.)
· Murder, capital murder, or criminal attempt to commit murder or capital murder.
· Indecency with a child, aggravated kidnapping, manslaughter, criminally negligent homicide, or aggravated robbery.
· Continuous sexual abuse of a young child or children.
· Felony drug- or alcohol-related offense.
· Use, exhibition, or possession of a firearm (as defined by state law), an illegal knife, a club, or prohibited weapon, or possession of a firearm (as defined by federal law).
A student may be expelled for committing any offense that is a state-mandated expellable offense if the offense is committed on the property of another district in Texas or while the student is attending a school-sponsored or school-related activity of a school in another district in Texas.
A student may be expelled for engaging in serious offenses or persistent misbehavior (see glossary) that violates the district’s Code, while placed in a DAEP.
A student must be expelled for bringing to school a firearm, as defined by federal law, when the offense occurs on school property or while attending a school-sponsored or school-related activity on or off school property. “Firearm” under federal law includes:
· 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.
· The frame or receiver of any such weapon.
· Any firearm muffler or firearm weapon.
· Any destructive device, such as any explosive, incendiary or poison gas bomb, or grenade.
A student must be expelled for any of the following offenses that occur on school property or while attending a school-sponsored or school-related activity on or off school property: “
· Using, exhibiting, or possessing the following, as defined by the Texas Penal Code:
· A firearm (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), unless the use, exhibition, or possession of the firearm occurs at an off-campus approved target range facility while participating in or preparing for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Parks and Wildlife Department or a shooting sports sanctioning organization working with the department.
· An illegal knife, such as a knife with a blade over 5½ inches; hand instrument, designed to cut or stab another by being thrown; dagger, including but not limited to a dirk, stiletto, and poniard; bowie knife; sword; or spear.
· A switchblade knife or (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 on the handle, or opens or releases from the handle or shaft by the force of gravity or centrifugal force). Penal Code 46.01(11). A pocket knife or any knife used in a threatening or destructive manner.
· A club (see glossary) such as 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.
· A prohibited weapon, such as an explosive weapon, a machine gun, a short-barrel firearm, a firearm silencer, a switchblade knife, knuckles, armor-piercing ammunition, a chemical dispensing device, a zip gun, or a tire deflation device. (See glossary.)
· Behaving in a manner that contains elements of the following offenses under the Texas Penal Code:
· Aggravated assault, sexual assault, or aggravated sexual assault.
· Arson. (See glossary.)
· Murder, capital murder, or criminal attempt to commit murder or capital murder.
· Indecency with a child.
· Aggravated kidnapping.
· Aggravated robbery.
· Manslaughter.
· Criminally negligent homicide.
· Continuous sexual abuse of a young child or children.
· Behavior punishable as a felony that involves selling, giving, or delivering to another person, or possessing, using, or being under the influence of marijuana, a controlled substance, a dangerous drug, or alcohol; or committing a serious act or offense while under the influence of alcohol.
· Engaging in retaliation against a school employee or volunteer combined with one of the above-listed mandatory expulsion offenses, with the exception of a federal firearm offense, on or off school property or at a school-related activity.
When a student under the age of ten engages in behavior that is expellable behavior, the student shall not be expelled, but will be placed in a DAEP. A student under age six shall not be placed in a DAEP unless the student commits a federal firearm offense.
In an emergency, the principal or the principal’s designee may order the immediate expulsion of a student for any reason for which expulsion may be made on a nonemergency basis.
If a student is believed to have committed an expellable offense, the principal or other appropriate administrator shall schedule a hearing within a reasonable time. The student’s parent shall be invited in writing to attend the hearing.
Until a hearing can be held, the principal may place the student in:
· Another appropriate classroom.
· In-school suspension.
· Out-of-school suspension.
· DAEP.
A student facing expulsion shall be given a hearing with appropriate due process. The student is entitled to:
1. Representation by the student’s parent or another adult who can provide guidance to the student and who is not an employee of the district,
2. An opportunity to testify and to present evidence and witnesses in the student’s defense, and
3. An opportunity to question the district’s witnesses.
After providing notice to the student and parent of the hearing, the district may hold the hearing regardless of whether the student or the student’s parent attends.
The hearing shall be conducted by the board of trustees and the decision to expel shall be made by the board.
Board Review of Expulsion
After the due process hearing, the expelled student may request that the board review the expulsion decisions. The student or parent must submit a written request to the superintendent within seven days after receipt of the written decision. The superintendent must provide the student or parent written notice of the date, time, and place of the meeting at which the board shall review the decision.
The board shall review the record of the expulsion hearing in a closed meeting unless the parent requests in writing that the matter be held in an open meeting. The board may also hear a statement from the student or parent and from the board’s designee.
The board shall hear statements made by the parties at the review and shall base its decision on evidence reflected in the record and any statements made by the parties at the review. The board will make and communicate its decision orally at the conclusion of the presentation. Consequences shall not be deferred pending the outcome of the hearing..
After the due process hearing, if the student is expelled, the board or its designee shall deliver to the student and the student’s parent a copy of the order expelling the student.
Not later than the second business day after the hearing, the Superintendent or its designee shall deliver to the juvenile court a copy of the expulsion order and the information required by Section 52.04 of the Family Code.
If the length of the expulsion is inconsistent with the guidelines included in the Student Code of Conduct, the expulsion order shall give notice of the inconsistency.
The length of an expulsion shall be correlated to the seriousness of the offense, the student’s age and grade level, the frequency of misbehavior, the student’s attitude, and statutory requirements.
The duration of a student’s expulsion shall be determined on a case-by-case basis. The maximum period of expulsion is one calendar year except as provided below.
An expulsion may not exceed one 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.
State and federal law require a student to be expelled from the regular classroom for a period of at least one calendar year for bringing a firearm, as defined by federal law, to school. However, the superintendent or other appropriate administrator may modify the length of the expulsion on a case-by-case basis.
Students who commit offenses that require expulsion at the end of one school year may be expelled into the next school year to complete the term of expulsion.
When a student has violated the district’s Code in a way that requires or permits expulsion from the district and the student withdraws from the district before the expulsion hearing takes place, the district may conduct the hearing after sending written notice to the parent and student.
If the student then reenrolls in the district during the same or subsequent school year, the district may enforce the expulsion order at that time, less any expulsion period that has been served by the student during enrollment in another district.
If the appropriate administrator or the board fails to issue an expulsion order after the student withdraws, the next district in which the student enrolls may complete the proceedings.
If during the expulsion, the student engages in additional conduct for which placement in a DAEP or expulsion is required or permitted, additional proceedings may be conducted, and the appropriate administrator or the board may issue an additional disciplinary order as a result of those proceedings.
Expelled students are prohibited from being on school grounds or attending school-sponsored or school-related activities during the period of expulsion.
No district academic credit shall be earned for work missed during the period of expulsion unless the student is enrolled in a JJAEP or another district-approved program.
The district shall continue the expulsion of any newly enrolled student expelled from another district or an open-enrollment charter school until the period of the expulsion is completed.
If a student expelled in another state enrolls in the district, the district may continue the expulsion under the terms of the expulsion order, may place the student in a DAEP for the period specified in the order, or may allow the student to attend regular classes if:
1. The out-of-state district provides the district with a copy of the expulsion order, and
2. The offense resulting in the expulsion is also an expellable offense in the district in which the student is enrolling.
If a student is expelled by a district in another state for a period that exceeds one year and the district continues the expulsion or places the student in a DAEP, the district shall reduce the period of the expulsion or DAEP placement so that the entire period does not exceed one year, unless after a review it is determined that:
1. The student is a threat to the safety of other students or district employees, or
2. Extended placement is in the best interest of the student.
When an emergency expulsion occurs, the student shall be given verbal notice of the reason for the action. Within ten days after the date of the emergency expulsion, the student shall be given appropriate due process required for a student facing expulsion.
The district may provide educational services to any expelled student in a DAEP; however, educational services in the DAEP must be provided if the student is less than ten years of age.
The glossary provides legal definitions and locally established definitions and is intended to assist in understanding terms related to the Student Code of Conduct.
Abuse is improper or excessive use.
Aggravated robbery is defined in part by Texas Penal Code 29.03(a) when a person commits robbery and:
Armor-piercing ammunition is handgun ammunition used in pistols and revolvers and designed primarily for the purpose of penetrating metal or body armor.
Arson is:
A crime that involves starting a fire or causing an explosion with intent to destroy or damage:
a. Any vegetation, fence, or structure on open-space land; or
b. Any building, habitation, or vehicle:
a. Knowing that it is within the limits of an incorporated city or town,
b. Knowing that it is insured against damage or destruction,
c. Knowing that it is subject to a mortgage or other security interest,
d. Knowing that it is located on property belonging to another,
e. Knowing that it has located within it property belonging to another, or
f. When the person starting the fire is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another;
3. A crime that involves recklessly starting a fire or causing an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle; or
4. A crime that involves intentionally starting a fire or causing an explosion and in so doing:
a. Recklessly damages or destroys a building belonging to another, or
b. Recklessly causes another person to suffer bodily injury or death.
Assault is defined in part by Texas Penal Code 22.01(a)(1) as intentionally, knowingly, or recklessly causing bodily injury to another.
Bullying is written or oral expression or physical conduct that a school district’s board of trustees or the board’s designee determines:
1. To 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; or
2. To be sufficiently severe, persistent, or pervasive to create an intimidating, threatening, or abusive educational environment for a student.
Chemical dispensing device is a device designed, made, or adapted for the purpose of causing an adverse psychological or physiological effect on a human being. A small chemical dispenser sold commercially for personal protection is not in this category.
Club is an instrument specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death. A blackjack, mace, and tomahawk are in the same category.
Criminal street gang is three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.
Cyberbullying is the use of any electronic communication device to engage in bullying or intimidation.
Dating violence occurs when a person in a current or past dating relationship uses physical, sexual, verbal, or emotional abuse to harm, threaten, intimidate, or control another person in the relationship. Dating violence also occurs when a person commits these acts against a person in a marriage or dating relationship with the individual who is or was once in a marriage or dating relationship with the person committing the offense, as defined by Section 71.0021 of the Family Code.
Deadly conduct occurs when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury, such as knowingly discharging a firearm in the direction of an individual, habitation, building, or vehicle.
Deferred adjudication is an alternative to seeking a conviction in court that may be offered to a juvenile for delinquent conduct or conduct indicating a need for supervision.
Deferred prosecution may be offered to a juvenile as an alternative to seeking a conviction in court for delinquent conduct or conduct indicating a need for supervision.
Delinquent conduct is conduct that violates either state or federal law and is punishable by imprisonment or confinement in jail. It includes conduct that violates certain juvenile court orders, including probation orders, but does not include violations of traffic laws.
Discretionary means that something is left to or regulated by a local decision maker.
Explosive weapon is any explosive or incendiary bomb, grenade, rocket, or mine and its delivery mechanism 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.
False Alarm or Report occurs when a person knowingly initiates, communicates, or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he or she knows is 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, or place of assembly.
Firearm silencer means any device designed, made, or adapted to muffle the report of a firearm.
Graffiti are markings with paint, an indelible pen or marker, or an etching or engraving device on tangible property without the effective consent of the owner. The markings may include inscriptions, slogans, drawings, or paintings.
Harassment is:
1.