Immediate parental contact – Concerning any infraction that may result in removal from school and potential law enforcement action, parents must be contacted immediately and given to opportunity to be present prior to any questioning by law enforcement. Parents will have a 24-hour window in which they can appear before any punishment or criminal citation can be administered. The only exception would involve firearms and a continuing threat to the safety of school personnel and students. Parents have the right to demand an attorney be present before police questioning (exception being a continuing threat) of their child.
A 48-hour cooling period in which no citation can be issued (except in traffic or firearm violations) regarding any infraction governed by the district’s disciplinary management plan and code of conduct. A parent/guardian will have the opportunity to appeal any district administrator’s recommendation for criminal citation prior to that citation’s issuance.
That each school board adopts an appeals process that insures the child receives basic due process rights. All students and parents will have the ability to appeal any punishment decision to the school board within one month of the incident.
Students will have an opportunity to turn in any contraband item without immediate punishment. In the case of weapons, drugs, and alcohol, parents must be notified within 24 hours of the incident. If the administrators decide punishment is necessary, a student/parent conference shall be convened to discuss the incident and punishment will be determined at that time.
§ 37.001. STUDENT CODE OF CONDUCT shall be changed as follows:
(4) specify that [whether] consideration will be [is] given, as a factor in a decision regarding [to order] mandatory or optional suspension, removal to a disciplinary alternative education program, a juvenile justice alternative education program, or mandatory or optional expulsion, to:
(A) self-defense;
(B) intent or lack of intent at the time the student engaged in the conduct;
(C) a student's disciplinary history; or
(D) a disability that substantially impairs the student's capacity to appreciate the wrongfulness of the student's conduct