Expulsion

Misconduct That May Result in Expulsion

A student may be expelled for:

Any Location

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, and;
• 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:

• Assault of an employee or volunteer;
• Aggravated assault;
• Sexual assault;
• Aggravated sexual assault;
• Murder;
• Capital murder;
• Criminal attempt to commit murder or capital murder, and;
• Aggravated robbery.

Engaging in conduct relating to a false alarm or report (including a bomb threat) or a terroristic threat involving a public school.

At School, Within 300 Feet, or at School Event

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, or a controlled substance or a dangerous drug, unless the conduct is punishable as a felony
• 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.
• 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 Definitions)

Within 300 Feet of School

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;
• Murder, capital murder, or criminal attempt to commit murder or capital murder;
• Indecency with a child, aggravated kidnapping, manslaughter, criminal negligent homicide, or aggravated robbery;
• Continuous sexual abuse of a young child or children;
• Felony drug or alcohol related offense, and;
• Use, exhibition, or possession of a firearm (as defined by state law), a location restricted knife, a club, or prohibited weapon, or possession of a firearm (as defined by federal law).

Property of Another District

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.

While in DAEP

Engaging in serious misbehavior (see Definitions) that violates the district’s Code, while placed in a DAEP.

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Misconduct That Requires Expulsion

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:

Federal Law

Bringing to school a firearm, as defined by federal law. “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, and;
• Any destructive device, such as any explosive, incendiary or poison gas bomb, or grenade.

Texas Penal Code

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);
• A location restricted 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 club (see Definitions) 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, billy, nightstick, mace and tomahawk, and;
• A prohibited weapon, such as an explosive weapon, a machine gun, a firearm silencer, armor-piercing ammunition, a chemical dispensing device, tire deflation device or a zip gun. (See Definitions)

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 Definitions)
• Murder, capital murder or criminal attempt to commit murder or capital murder;
• Indecency with a child;
• Kidnapping or aggravated kidnapping;
• Burglary, robbery or aggravated robbery;
• Manslaughter;
• Criminally negligent homicide;
• Continuous sexual abuse of a young child or children, and;

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.

Virtual Expulsion Program

In some circumstances, a student may be placed in a virtual expulsion program.

• The school must ensure students in the program have the necessary technology and internet and must provide it if needed.
• The virtual program must, as much as possible, meet the same requirements as an in-person disciplinary alternative education program (DAEP).
• The student’s placement must be reviewed every 45 school days.
• If an in-person spot becomes available, the school should plan the student’s return to in-person learning.

If continued virtual placement is appropriate, the school must document the decision.HB 6 adds a virtual expulsion program if the juvenile justice alternative education program (JJAEP) rejects or releases the student early, or the school district is in a county without a JJAEP and doesn't contract with one in another county.

Consideration of Virtual Education as Alternative to Expulsion

Before a school district may expel a student, the district must consider the appropriateness and feasibility of, as an alternative to expulsion, enrolling the student in a full-time hybrid program, full- time virtual program, full-time hybrid campus, or full-time virtual campus. This requirement does not apply to a student expelled under Education Code 37.0081 or 37.007(a), (d), or(e).

SB 569 sets out the considerations for virtual education as an alternative option to expulsion.

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Under the Age of Ten

When a student under the age of 10 engages in behavior that is expellable behavior, the student will not be expelled but will be placed in a DAEP. A student under age six will not be placed in a DAEP unless the student commits a federal firearm offense.

Emergency

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.

Process

The specific process for expulsion hearings is set out in the section on Student Complaint and Appeal Process for Off Campus Placement.

Length of Expulsion

Any student expelled to the Juvenile Justice Alternative Education Program (JJAEP) will be expelled for a term of 90 successful days. The 90 successful day placement will be determined by the discretion of the JJAEP administrators.

An expulsion may not exceed one year unless, after review, the district determines that:

• The student is a threat to the safety of other students or to district employees, or
• 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. 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.

Withdrawal During Process

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 re-enrolls 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.

Additional Misconduct

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 corrective action as a result of those proceedings.

Restrictions During Expulsion

Expelled students are prohibited from being on school grounds or attending school-sponsored or school-related activities during the period of expulsion.

Newly Enrolled Students

The district will 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:

• The out-of-state district provides the district with a copy of the expulsion order, and;
• 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 will 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:

• The student is a threat to the safety of other students or district employees, or;
• Extended placement is in the best interest of the student.

Emergency Expulsion Procedures

When an emergency expulsion occurs, the student will be given verbal notice of the reason for the action. Emergency expulsion may be ordered based on a single incident of behavior by the student. Within 10 days after the date of the emergency expulsion, the student will be given appropriate due process required for a student facing expulsion.

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Certain Felonies

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 a felony offense under Title 5 (see Definitions) of the Texas Penal Code.

The student must:

• Have received deferred prosecution for conduct defined as a
• Title 5 felony offense,
• Have been found by a court or jury to have engaged in delinquent conduct for conduct defined as a Title 5 felony offense,
• Have been charged with engaging in conduct defined as a Title 5 felony offense,
• Have been referred to a juvenile court for allegedly engaging in delinquent conduct for conduct defined as 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:

• The date on which the student’s conduct occurred;
• The location at which the conduct occurred;
• Whether the conduct occurred while the student was enrolled in the district, or;
• Whether the student has successfully completed any court disposition requirements imposed in connection with the conduct

Hearing and Required Findings

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:

• Threatens the safety of other students or teachers,
• Will be detrimental to the educational process, or
• 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.

Length of Placement

The student is subject to the placement until:

• The student graduates from high school,
• The charges are dismissed or reduced to a misdemeanor offense, or
• The student completes the term of the placement or is assigned to another program

Newly Enrolled Students

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.