Friona Junior High Code of Conduct

2007 - 2008 School Year

Table of Contents
(Click on any topic to go to the corresponding page)

Responsibilities of Students	Student Discipline	General Guidelines for Assessing Discipline Penalties	District's Jurisdiction
Offenses and Penalties	Level 1 Offenses	Level 1 Disciplinary Options	Level 2 Offenses
Level 2 Options	Level 3 Offenses	Level 3 Disciplinary Options	Level 4 Serious Offenses
Level 4 Disciplinary Options	Suspension and Removal to Alternative Education Programs	Procedural Requirements: Hearing Review	Hearing: Review following a Teacher Initiated Removal
Hearing: Review Following a Non-Teacher Removal	Mandatory Removal from Classes for Certain Conduct On Campus Offenses	Mandatory Removal from Classes for Certain Conduct Off Campus Offenses	Discretionary Removal from Classes for Certain Conduct Off Campus Offenses
Mandatory Expulsion for Serious Offense	Discretionary Expulsion for Serious Offenses	Emergency Placement or Expulsion	Detention
Fighting	Assault	Weapons	Laser Pointers
Drug-Alcohol Use	Hazing	Cellular Phones and Pagers	FJHS Homepage

Responsibilities of Students

Students are responsible for conducting themselves properly, in a manner appropriate for their age and level of maturity. Student responsibilities for achieving a positive learning environment at school or school-related activities shall include:

1.   Attending all classes daily and on time.
2.   Being prepared for class with appropriate materials and assignments.
3.   Being properly dressed.
4.   Respect the rights and privileges of fellow students, all teachers, staff, district property, and property of others.
5.   Behaving in a responsible manner.
6.   Paying fees and fines, unless they are waived.
7.   Obeying all rules, including safety rules.
8.   Seeking change in school policies and regulations in an orderly and responsible manner through appropriate channels.
9.   Cooperating with staff in investigation of disciplinary cases and volunteering information relating to a serious offense.
10. Respect the rights and privileges of other students and of teachers and other district staff.
11. Respect the property of others, including district property and facilities.

Student Discipline

The campus discipline person at Friona Jr. High School shall be the Principal. Duties shall include authority to:

1. Assess and implement the campus discipline management program.
2. Remove a student from campus for an emergency reason.
3. Refer student to school-community guidance centers, if available.
4. Remove students to alternative education programs.
5. Suspend a student from school.

GENERAL GUIDELINES FOR ASSESSING DISCIPLINE PENALTIES

When imposing disciplines, district personnel shall adhere to the following general guidelines:

1. Discipline shall be administered when necessary to protect the student, school employees, or property and to maintain essential order and discipline.
2. Students shall be treated fairly and equitably. Discipline shall be based on a careful assessment of the circumstances of each case. Factors to consider shall include:
	a. Seriousness of the offense. b. Student's age c. Frequency of misconduct. d. Student's attitude. e. Potential effect of the misconduct on the school environment.
3. Any district employee may, within the scope of the employee’s duties, use and apply physical restraint to a student that the employee reasonably believes necessary in order to:
	a. Protect a person, including the person using physical restraint from physical injury. b. Obtain possession of a weapon or other dangerous object. c. Protect property from serious damage. d. Remove a student, refusing a lawful command of a school employee, from a specific location including a classroom or other other school property, or to restore order until discipline measures can be imposed. e. Restrain an irrational student.
4. Each handicapped student’s individual education plan (IEP) shall address the student’s specialized needs on discipline, including which of the discipline management techniques can appropriately be used with the student.

DISTRICT’S JURISDICTION

The district has authority and control over its students during the regular school day and while going to and from school on District transportation. This jurisdiction includes any activity during the school day on school grounds, attendance at any school-related activity, regardless of time or location, and any school related misconduct, regardless of time or location.

OFFENSES AND PENALTIES

LEVEL 1 OFFENSES

Level 1 acts of misconduct include repeated infractions of classroom management procedures or rules, or other misconduct that disrupts the educational process to the extent that the classroom teacher needs administrative support to correct the problem. Campus discipline management plans will address at what point office referrals will be made. The following is a non-inclusive list of behavior infractions:

Tardiness
Copying the work of another student
Failure to participate in classroom activities or turn in assigned work
Violation of individual classroom rules
Disobeying school policies and regulations about conduct on school buses
Public displays of affection
Unauthorized use of CD/tape players, radios, and recorders
Possession of pagers and cellular phones
Horseplay and running in the halls
Failure to bring appropriate materials to class
Dress code violation

LEVEL 1 DISCIPLINARY OPTIONS

Any one or any combination of consequences may be used, but are not limited to the following.

Administrator/teacher/student conference
Counselor/student conference
Parent conference or call
Withdrawal of student privileges
Noon or after school detention
Verbal correction
Behavioral contracts
Confiscation of prohibited items
Grade penalty for cheating
Correction of dress to satisfy dress code

LEVEL 2 OFFENSES

When a student’s behavior does not change as a result of action taken on Level 1, and the student is being seen for a second time in the Principal’s office for repeated Level 1 infractions, the student is moved to Level 2 for discipline purposes.

LEVEL 2 OPTIONS

Any one or any combination may be applied, but are not limited to the following:

Any combination of teacher, administrator, parent, and student conference
Any discipline technique outlined in Level 1
Corporal punishment
Extended noon or after school detention
In-school suspension
Saturday school

LEVEL 3 OFFENSES

Level 3 acts of misconduct include those student infractions that are somewhat more serious than those in Levels 1 and 2 in their effect of the orderly process of the school program. Examples of misconduct include, but are not limited to, the following:

Leaving the classroom, building, grounds, or assigned activity without permission
Cutting class or other scheduled activity
Using profane, obscene, indecent, or racially or ethnically offensive language or physical gesture to other students.
Failure to comply with lawful directives issued by school personnel
Insubordination
Defacing school property
Possession or use of tobacco products
Engaging in threatening behavior or encouraging, promoting, or inciting violence
Possession of a knife not defined as illegal
Extortion or coercion or threatening others
Truancy
Playing with matches, lighters, or fire
Aggressive, disruptive action or group demonstration that substantially disrupts or materially interferes with school activities
Engaging in inappropriate sexual contact disruptive to other students or the school environment
Fighting, defined as a physical conflict between two or more individuals. A fight has occurred if a student who is attacked strikes back. To avoid penalty, a student under attack should seek to detach himself/herself from the situation and seek assistance from school personnel
Cheating on a test
Plagiarizing the work of another on a research paper, whether using the resources of the library, the Internet, or another student.
Failure to follow the directions of a substitute
Gambling or any form of wagering
Throwing or irresponsible use of objects, outside of supervised school activities that can cause bodily injury or damage property
Any other conduct or pranks that disrupt the school environment or the education process

LEVEL 3 DISCIPLINARY OPTIONS

Any level 3 offenses will result in the student immediately being referred to the office.

Options will include any discipline outlined in Level 2.
Possible legal action.

LEVEL 4 SERIOUS OFFENSES

Level 4 offenses include those acts of misconduct that seriously disrupt the educational process, endanger or seriously affect other students, and perhaps violate the law. Examples, include, but are not limited to, the following:

Any repeated offense of Level 3, or a new violation while being disciplined for a Level 3 offense.
Repeated acts of disobedience or disorderly behavior that may prove to be detrimental to the school, harmful to health and safety, or inhibiting to the rights of others.
Exhibiting disrespect or directing profanity, vulgar language, or obscene gestures towards school personnel or refusing to comply with lawful requests or directions of school personnel
Threats, oral or written, to do bodily harm to another or to the property of another
Hazing
Pledging to join, solicit membership in a public school fraternity, sorority, secret society, or gang as defined in TEC 37.121
Gang related behavior or activity or membership
Possession of drug paraphernalia
Robbery, burglary, or theft
Placing or discharging or possessing fireworks or stink bombs
Possessing a device, object, or substance that could cause bodily harm to individuals in any school setting
Failure to comply with assigned disciplinary consequences
Vandalizing this school’s or any school’s property at any time or while participating or attending any school activity

LEVEL 4 DISCIPLINARY OPTIONS

Any one or any combination of the following may be applied, but are not limited to the following:

Any discipline technique outlined in Level 3
Out of school suspension
Alternative Education Classroom. (The terms of removal will prohibit the student from attending or participating in school-sponsored or school related activities)
Involvement of law enforcement personnel
Confiscation of items not permitted in the Student Code of Conduct

SUSPENSION AND REMOVAL
TO ALTERNATIVE EDUCATION PROGRAMS

The Board delegates the authority to suspend or remove students to alternative education programs to the Principal or Assistant Principal.

Before suspending or removing a student to an alternative education program, the person(s) authorized to suspend or remove shall hold an informal hearing at which:

The student is advised of the conduct with which he or she is charged
The student is given the opportunity to explain his or her version of the incident.
The student’s parent or guardian will be notified.

The District shall provide the following alternative education programs:

Alternative Classroom. Minimum placement in the Alternative Classroom will be 5 school days.
Suspension (In-school or out-of-school)

PROCEDURAL REQUIREMENTS:
HEARING REVIEW

A student shall be removed to an Alternative Education Classroom when:

A teacher has removed a student from class under TEC 37.002 at which time it has been documented by the teacher that the student has repeatedly interfered with the teacher’s ability to communicate effectively with students in class or with the ability of the student’s classmates to learn; or whose behavior the teacher determines is unruly.
The student has committed a removal offense under TEC 37.006 outlined in the Student Code of Conduct.
The student has a total of 5 Discipline Referrals for any one semester.

A student may be removed to an Alternative Education Classroom when:

Persistent misbehavior after other disciplinary techniques has not corrected the behavior.
The student commits a Level 4 offense outlined in the Student Code of Conduct.

The terms of placement when removed to an Alternative Education Classroom must prohibit the student from attending or participating in a school-sponsored or school-related activity.

HEARING: Review following a Teacher Initiated Removal
TEC 37.009

Ø Not later than the third class day after the day on which a student is removed from class, the Principal must schedule a hearing to be attended by:

The Principal
The removing teacher
The removed student
A parent or guardian of the removed student.

Ø The student may not return to regular class pending the hearing or appeal.

Ø Following the hearing, and whether or not each requested person is in attendance after valid attempts to require the person’s attendance, the Principal shall order the placement of the student in the Alternative Education Classroom.

Ø If a student’s placement in an Alternative Education Program does not extend beyond the end of the next grading period, no appeals are statutorily required, but may be appealed to the Superintendent.

Ø The student may not be returned to the removing teacher’s class without the teacher’s consent, unless the Placement Review Committee determines that placement in the teacher’s class is the “best or only alternative” available.

HEARING: REVIEW FOLLOWING A NON-TEACHER REMOVAL
TEC39.009

If a student’s placement in an Alternative Education Program does not extend beyond the end of the next grading period, no appeals are statutorily required, but may be appealed to the Superintendent.

MANDATORY REMOVAL FROM CLASSES FOR CERTAIN CONDUCT
ON CAMPUS OFFENSES
TEC SEC.37.006

Except for those offenses for which a student shall be expelled (TEC SEC.37.007), a student shall be removed from class and placed in an alternative classroom if the student engages in conduct punishable as a felony, or commits the following on school property, or within 300 feet of school property, or while attending a school sponsored or school-related activity on or off school property:

Engages in conduct punishable as a felony
Engages in conduct that contains elements of assault (intentionally, knowingly, or recklessly causing bodily injury to another) or a terroristic threat.
Sells, gives, or delivers to another person or possesses, uses, or is under the influence of:
Marijuana or a controlled substance, as defined by Ch. 481, Health and Safety Code, in an amount not constituting a felony offense.
A dangerous drug, as defined by Ch. 483, Health and Safety Code, in an amount not constituting a felony offense.
Sells, uses, gives, or delivers to another person an alcoholic beverage; commits a serious act of offense while under the influence of alcohol; or possesses,
uses, or is under the influence of alcohol, if punishment is less than a felony.
Engages in conduct that contains the elements of an offense relating to the abuse of glue or aerosol paint or relating to volatile chemicals
Engages in conduct that contains the elements of the offense of public lewdness or indecent exposure.
Retaliates against a school employee, when not combined with
Another offense, either on or off school property.

The terms of a placement under this section must prohibit the student from attending or participating in a school-sponsored or school-related activity.

MANDATORY REMOVAL FROM CLASSES FOR CERTAIN CONDUCT
OFF CAMPUS OFFENSES
TEC SEC. 37.006

Students must be placed in an Alternative Classroom for conduct defined as a felony offense in Title 5 of the Penal Code (offenses against a person) if:

The student receives deferred prosecution (voluntary contract) under Section 53.03 of the Family Code for the offense.
A court or jury finds that the student has engaged in delinquent conduct under Section 54.03 of the Family Code.
The Superintendent or designee has a reasonable belief that the student has engaged in felony conduct addressed in Title 5.

DISCRETIONARY REMOVAL FROM CLASSES FOR CERTAIN CONDUCT
OFF-CAMPUS OFFENSES
TEC SEC. 37.006

Students may be placed in an Alternative Classroom if:

The Superintendent or designee has a reasonable belief that a student has engaged in conduct defined as a felony offense other than those defined in Title 5
of the Penal Code (offenses against a person).
The continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the education
process.
A student whom the district determines to be a member of, pledges to become a member of, or solicits another person to join or pledge a public school
fraternity, sorority, secret society, or gang.

MANDATORY EXPULSION FOR SERIOUS OFFENSE
TEC 37.007

A student must be expelled for the following offenses committed on school property or while attending a school-sponsored or school-related activity on or off school property that require expulsion:

Ø Uses, exhibits, or possesses:

A firearm as defined by Texas Penal Code
An illegal knife as defined by Texas Penal Code (5 1/2 inches) or by local policy
A club as defined by Texas Penal Code
A prohibited weapon as listed in Texas Penal Code

Ø Retaliation against a school employee whether committed on or off school property or at a school-related activity.

Ø Conduct containing the elements of:

Aggravated assault, sexual assault, or aggravated sexual assault under Texas Penal Code
Arson under Texas Penal Code
Murder, capital murder, or criminal attempt to commit murder or capital murder under Texas Penal Code
Indecency with a child under Texas Penal Code
Aggravated kidnapping under Texas Penal Code
Conduct related to alcohol or drug offense that is punishable as a felony.

DISCRETIONARY EXPULSION FOR SERIOUS OFFENSES
TEC 37.007

A student may be expelled for the following offenses if the student:

Ø Sells, gives, or delivers to another person or possesses, uses, or is under the influence of:

Any amount of marijuana or a controlled substance in an amount not constituting a felony offense.
Any amount of a dangerous drug in an amount not constituting a felony offense.

Ø 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 punishment is less than that of a felony.

Ø Engages in conduct that contains the elements of an offense relating to an abuse of glue or aerosol paint or relating to volatile chemicals.

Ø Continued serious or persistent misbehavior that violates the District’s Student Code of Conduct while the student is placed in the Alternative Classroom.

Ø Criminal mischief, if punishable as a felony, whether committed on or off school property or at a school-related activity.

Before a student may be expelled under Sec. 37.007, the Board or the Board’s designee must provide the student a hearing at which the student is afforded appropriate due process as required by the federal constitution and to which the student’s parent or guardian is invited, in writing, to attend. If the decision to expel a student is made by the Board’s designee, the decision may be appealed to the Board. The decision of the Board may be appealed by trial de novo to a district court of the county in which the school district’s central administrative office is located.

EMERGENCY PLACEMENT OR EXPULSION
TEC SEC. 37.019

The Principal or Assistant Principal or designee may immediately remove a student to the Alternative Classroom for behavior that is so unruly, disruptive, or abusive that the teacher cannot communicate with the class. The Principal, Assistant Principal, or designee may immediately expel if necessary to protect persons or property.

DETENTION

Students may be detained outside of school hours (for no more than one (1) hour) on one or more days if they violate the school’s rules of conduct. The detention shall not begin, however, until the student’s parent or guardian have been notified of the reason for the detention and allow them to make arrangements for the student’s transportation on the days of detention. Noon detention may also be given for violation of the Student Code of Conduct.

FIGHTING

Fighting is engaging in physical contact for the purpose of inflicting harm on another person. Fighting is defined as fighting on school property or at any school related extracurricular activity or event. A fight has occurred if a student who is attacked strikes back. To avoid penalty, a student under attack should seek to detach him or herself from the situation and seek assistance from the school personnel.

Disciplinary action will include the following action:

Parents of the students involved will be contacted and informed of the situation.
School discipline action will result in any of the following, based on whether there have been subsequent offenses:
In-school suspension (ISS)
Out-of-school suspension ( OSS )
Alternative School Placement
Expulsion

If hostilities still exist between the students involved after disciplinary action has been completed, further or new discipline action could result. Appropriate law enforcement officials may be contacted and a complaint filed. This will be determined by the nature of the fight and the age of the students. When a complaint is filed it will be for Disorderly Conduct, which is a Class C misdemeanor and is punishable by law with a maximum fine of $500.00.

ASSAULT

An assault is a physical attack of one person, or a group of persons, upon another person, who does not wish to engage in the conflict. School disciplinary action will be a minimum of five (5) days of placement in the Alternative Classroom. (Subsequent offenses could lead to expulsion).

WEAPONS

A student shall not go onto the school premises with a firearm, explosive weapon, or illegal knife, unless pursuant to written regulations or written authorization of the district. The student shall not interfere with normal activities, occupancy, or use of any building or portion of the campus by exhibiting, using or threatening to exhibit the firearm, explosive weapon, or illegal knife.

Students are also prohibited from bringing to school or a school-related activity any other weapons. This prohibition will not normally apply to school supplies such as pencils, compasses, and the like, unless they are used in a menacing or threatening manner.

Weapons include, but are not limited to, fireworks of any kind, mace, clubs or night-sticks, razors, metallic knuckles, chains, or any other object used in a way that threatens to inflict bodily injury on another person. The possession or use of articles not generally considered weapons might be prohibited when, in the Principal, Assistant Principal, or designee’s judgment, a reasonable apprehension of danger exists to the student in possession, other students, staff, or school property by virtue of possession or use.

LASER POINTERS

Students are not permitted to possess or to use laser pointers while on school property or while attending school sponsored or school related activities, whether on or off school property. Laser pointers will be confiscated, and students will be disciplined according to the Student Code of Conduct.

DRUG-ALCOHOL USE

No student shall possess, use, transmit, or attempt to possess, use, or transmit, or be under the influence of any of the following substances on school premises or off school premises at a school-related activity, function, or event:

Any controlled substance or dangerous drug as defined by law without regard to amount, including, but not limited to, marijuana, any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, or barbiturate.
Alcohol or any alcoholic beverage
Any abusable glue, aerosol paint, or any other chemical substance for inhalation.
Any other intoxicant, or mood-changing, mind-altering, or behavior-altering drugs.

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

“Under the influence” means a student’s faculties are noticeably impaired, but the student need not be legally intoxicated.

The transmittal, sale, or attempted sale of what is represented to be any of the above listed substances is also prohibited under this rule.

HAZING

“Hazing” means any intentional, knowing or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated to, affiliating with, holding office in, or maintaining membership in an organization.

CELLULAR PHONES AND PAGERS

Student shall not possess an electronic paging device or cellular phone. A person who discovers a student in possession of a paging device or cellular phone should report the violation to the Principal or Assistant Principal. Disciplinary measures to be imposed for violation will include:

Confiscation of the pager or cellular phone
Disciplinary measures outlined in the Student Code of Conduct

Other measures may include disposal of the device as provided in district policy or charging the owner of the device or the student’s parent an administration fee of not more than $15.00 before releasing the device.