The Ehrhart School
Student Code of Conduct
2008-2009
STUDENTS: STUDENT CODE OF CONDUCT
1. General Principles and Guidelines
The school’s rules of conduct and discipline are established to maintain order in the school. The staff of the school has the responsibility to enforce the standards and policies of the charter school’s Student Code of Conduct. Full cooperation of the students and parents/guardians is expected.
Students are expected to conduct themselves in an appropriate manner at all times. Any behavior that disrupts the school environment or educational process will not be tolerated. A student whose behavior interferes with another student’s right to a safe and appropriate education will be subject to disciplinary action.
In general, discipline will be designed to correct misconduct, to encourage all students to adhere to their responsibilities as citizens of the school community, to protect students, school employees and property, and to maintain essential order and discipline. Disciplinary action will draw upon the professional judgment of teachers and administrators and a range of discipline management techniques. In deciding a disciplinary action the school will consider the seriousness of the offense, the student’s age and grade level, the frequency of misconduct, the student’s attitude, the effect of the misconduct on the school environment and others, any statutory or regulatory requirements, and other appropriate factors.
A. Principal
The principal of the school has the authority to implement the Student Code of Conduct up to and including the suspension of a student from campus.
B. Superintendent
Only the school’s superintendent has the authority to expel a student. Expulsions shall be handled according to the procedures described below.
C. Campus and Classroom Rules
In addition to rules in this Student Code of Conduct, principals may impose campus rules, and teachers and extracurricular sponsors may impose and communicate campus rules and rules of an extracurricular activity, where such rules are not inconsistent with this code.
D. Assemblies
A student’s conduct in assemblies and other out-of-classroom activities must comply with standards applicable to those of the classroom. A student who is tardy or does not abide by school rules of conduct during an assembly or other out-of-classroom activities shall be subject to disciplinary action.
E. Extracurricular Standards
Sponsors and coaches may develop and communicate written extracurricular expected standards of behavior for induction in and continued participation in that activity. Such standards may be higher than those of the Student Code of Conduct. These standards must be communicated to the students involved in that activity and shall be approved by the school principal. Students who violate communicated extracurricular standards of behavior may be subject to disciplinary action under the Student Code of Conduct, and in addition, denied the opportunity to participate in extracurricular activities.
F. Students with Disabilities
The discipline of students who are eligible for services under federal law, including Individuals with Disabilities Education Act (IDEA) and § 504 of the Rehabilitation Act of 1973, will be administered as enumerated by the Student Code of Conduct. To the extent any conflict exists, state and/or federal law will prevail over the Student Code of Conduct. School staff will determine whether a student to be disciplined is eligible for such services under IDEA or §504, and shall, upon making such determination, utilize and apply the appropriate disciplinary process.
G. Expected Standards of Student Conduct
Each Student is expected to behave in a responsible manner by:
1) Demonstrating courtesy and respect for others;
2) Attending all classes, regularly, and on time;
3) Preparing for each class by taking the appropriate materials and assignments to class;
4) Being well-groomed and dressing appropriately as defined by the charter school’s code for dress and grooming standards located in the Student/Parent Handbook;
5) Obeying all campus, classroom, and extracurricular rules;
6) Respecting the rights and privileges of the students, school staff, and other adults on campus or at school-related activities on or off campus;
7) Respecting the property of others, including school property and facilities;
8) Cooperating or assisting the school staff in maintaining safety, order, and discipline; and
9) Adhering to the Student Code of Conduct.
- Possession of Cell Phones/Paging Devices
A. The Ehrhart School has a policy prohibiting a student from possessing a cell phone or paging device while on school property. The policy establishes disciplinary measures to be imposed for violation of the prohibition and may provide for confiscation of the cell phone or paging device.
B. The policy may provide for the school to:
1) Dispose of the confiscated device.
2) Charge the owner of the device or the student’s parent/guardian an administrative fee not to exceed $20.00 before it is released.
C. Paging device means a telecommunications device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor, such as: cellular phones, etc.
3. Code of Conduct Violations
A. Behaviors – Students are prohibited from engaging in conduct that violates expected standards of behavior. Examples of such violations are:
1) Leaving school grounds or school-sponsored events without permission of an appropriate school official;
2) Insubordination, i.e., failing to comply with lawful directives given by school personnel;
3) Engaging in inappropriate physical or sexual conduct;
4) Engaging in conduct that constitutes sexual harassment, whether the conduct is by word, gesture, or any other sexual conduct, including requests for sexual favors;
5) Possessing or using matches or a lighter except as part of an instruction program;
6) Starting or building a fire on school grounds or at a school-sponsored event except as part of an instructional program or engaging in arson;
7) Possessing, using, or smoking tobacco products;
8) Possessing, selling, using, or distributing medications that are available without a prescription in a manner that is not consistent with the medicine’s intended use as indicated on the manufacture’s label or with school rules concerning the handling of such medications;
9) Possessing or selling items attempted to be passed off as drugs or contraband;
10) Possessing drug paraphernalia;
11) Possessing or distributing pornographic material;
12) Possessing, using or exhibiting an illegal knife as defined by the Texas Penal Code, air guns, chemical dispensing devices, fireworks, replica firearms or bombs, electronic stunning devices, and other dangerous items;
13) Possessing a firearm;
14) Possessing ammunition or explosives;
15) Discharging a fire extinguisher, except in an emergency;
16) Violating dress or grooming standards;
17) Violating campus, classroom, extracurricular or other communicated standards of behavior;
18) Being in facilities designated for the opposite sex such as restrooms or locker rooms, or in facilities designated as faculty, janitorial only, or custodial only;
19) Cheating or copying the work of another;
20) Throwing objects that can cause bodily injury or property damage;
21) Using profanity, vulgar language, or obscene gestures;
22) Fighting
23) Bullying, which may include repeated teasing, taunting, threatening, hitting, stealing, intentional exclusion, and rumors that create an ongoing pattern of harassment and abuse, inclusive of cyber bullying;
24) Stealing, theft, or robbery;
25) Damaging or vandalizing property belonging to others;
26) Name calling, ethnic or racial slurs, or derogatory statements that school officials reasonably anticipate will disrupt the school’s program or incite violence;
27) Inappropriate or illegal use of the school’s electronic communication systems, including the Internet;
28) Falsification of records, passes, or other school-related documents;
29) Violating local, state, or federal laws;
30) Behaving in any way that disrupts the school environment or educational process;
31) Assaulting another person whether or not the assault results in injury;
32) Making a terrorist threat, false alarm, or report including but not limited to bomb threats;
33) Selling, giving, or delivering an alcoholic beverage;
34) Possessing, using, or being under the influence of an alcoholic beverage;
35) Possessing, using, being under the influence, distributing, attempting to distribute, buying, or attempting to buy illegal drugs;
36) Using, in a manner inconsistent with the manufacturer’s instruction, or being under the influence of glue or aerosol paint;
37) Behaving in a manner that contain the elements of indecent exposure as defined by the Texas Penal Code;
38) Behaving in a manner that contains the elements of the offense of public lewdness as defined by the Texas Penal Code;
39) Retaliating against a school employee;
40) Behaving in such a manner that the continued presence of the student in the classroom threatens the safety of other students or teachers, or will be detrimental to the educational process;
41) Being involved in gang activity, including participating as a pledge or member, or soliciting another person to become a pledge or member of a gang; and
42) Verifiable evidence of crimes charged or committed or other serious off-campus conduct which are determined to have one or more of the following effects;
1. Disrupts the learning environment;
2. provides a negative example to the other students; or
3. Creates a dangerous and unsafe environment for students or school personnel.
43) Failure to abide by the Internet Acceptable Use Policy.
The above list of prohibited behaviors is offered by way of example only. Disciplinary action may result for other types of school-related misconducts as well.
B Consequences
The following discipline management techniques may be used-alone or in combination for misbehavior violating the Student Code of Conduct or campus or classroom rules. More serious infractions will be subject to suspension or expulsion.
1) Verbal correction;
2) Cooling off or time-out;
3) Phone call to parents/guardians;
4) Seating changes in the classroom or lunchroom;
5) Counseling by teachers, counselors, or administrators;
6) Parent-teacher conferences;
7) Parent-administrator conferences;
8) Temporary confiscation of items that disrupt the educational process;
9) Grade reductions for academic violations such as cheating, copying, allowing others to copy work, or plagiarism;
10) Rewards or demerits;
11) Behavioral contracts;
12) Sending the student to the office or other assigned area, or in-school suspension;
13) Detention, either during the school day or outside the school day;
14) Assigned school duties, other than class tasks, such as cleaning desks;
15) Withdrawal of privileges, such as participation in extracurricular activities and eligibility for seeking and holding honorary offices;
16) School-assessed and administered probation; and
17) Referral to an outside agency or legal authority for criminal prosecution in addition to disciplinary measures imposed by the school.
4. Consequences for Serious and/or Persistent Misbehaviors
A. Parent Shadowing
B. Suspension or Expulsion
Serious infractions and persistent misbehaviors, as determined by the principal, may result in more serious disciplinary consequences, up to and including suspension and/or expulsion.
C Discretionary Expulsion
A student may/will be expelled for any of the following offenses if the student is on school property or while attending a school sponsored or school-related activity on or off school property:
* Engages in serious or persistent misbehavior and continues to violate The Ehrhart School Code of Conduct. The school defines “persistent” to be two or more violations of the Student Code of Conduct in general or repeated occurrences of the same violation. Serious offenses include, but are not limited to the following:
1. Vandalism
2. Robbery or theft.
3. Extortion, coercion, or blackmail.
4. Aggressive, disruptive action or group demonstration that substantially
disrupts or materially interferes with school activities.
5. Hazing.
6. Insubordination.
7. Profanity, vulgar language, or obscene gestures directed toward teachers or other school employees
8. Fighting, committing physical abuse, or threatening physical abuse.
9. Possession or distribution of pornographic materials.
10. Leaving school grounds without permission.
11. Making or assisting in making threats, including threats against individuals and bomb threats.
12. Sexual harassment of a student or school employee.
13. Possession of or conspiring to possess any explosive or explosive device.
14. Falsification of records, passes, or other school-related documents.
15. Refusal to accept discipline management techniques proposed by the teacher or principal.
5. Consequences for Serious Behavior Violations
A. Expulsion
Expulsion behaviors include:
* Bringing to school a firearm, as defined by federal law.
Firearm under federal law includes:
1. Any weapon (including a starter gun) which will or is designed to or
which may readily be converted to expel a projectile by the action of an explosive.
2. The frame or receiver of any such weapon.
3. Any firearm muffler or firearm weapon.
4. Any destructive device, such as any explosive, incendiary, or poison gas bomb, or grenade.
* Use, exhibition, or possession of the following as defined by the Texas Penal Code:
1. A firearm.
2. A club.
3. 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; or a zip gun.
4. Any knife including a pocketknife with a blade over 4 ½ inches.
* Behavior containing the elements of the following under the Texas Penal Code:
1. Aggravated assault, or aggravated sexual assault.
2. Arson.
3. Murder, capital murder, or criminal attempt to commit murder.
4. Indecency with a child.
5. Aggravated kidnapping.
6. The selling, giving, or delivering to another person, 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.
7. Retaliation against a school employee combined with one of the above-listed offenses on or off school property or at a school-related activity.
6. Suspension
A. Process
The principal or designee has the authority to suspend a student for a period of up to three (3) school days for any offense for the following reasons:
1. The severity or persistence of the Student Code of Conduct violation;
2. The need to further investigate an incident; or
3. A recommendation to expel the student.
Prior to suspending a student, the principal, or designee must hold an informal conference with the student to:
1) Notify the student of the accusations against him/her;
2) Allow the student to relate his/her version of the incident; and
3) Determine whether the student’s conduct warrants suspension.
B. Notification to Parents/Guardians
If the principal or designee determines the student’s conduct warrants suspension, the principal or designee will notify the student’s parents/guardians that the student has been suspended before the student is sent home. At this time, the principal or designee will also notify the student’s parents/guardians of the period of suspension, the grounds for the suspension, and the time and place for a conference with the principal.
C. Emergency Actions
In an emergency the principal or designee may order the immediate suspension of a student for up to three (3) days if the student’s presence threatens the health, safety, or welfare of himself/herself or other students or faculty.
If a student is suspended in an “emergency” situation without the opportunity for notice of the allegations against him/her, the principal must notify the student of the allegations and provide the student with an opportunity to present his/her version of the incident within a reasonable period of time, not to exceed three (3) days.
A student may receive credit for work missed during the period if the student makes up work missed during the period of suspension within the same number of days the student was absent.
7. Expulsion
Only the superintendent has the authority to expel for any period up to one (1) calendar year. The principal may recommend expulsion of a student to the superintendent. The principal’s recommendations shall specify the reasons, identified in the Student Code of Conduct, for a particular student’s expulsion.
A. Due Process
When the principal determines that a student’s conduct warrants expulsion, the principal will provide the student’s parents/guardians with written notice of:
1) The reasons for the proposed expulsion; and
2) The date and location for a hearing before the superintendent within three (3) days after the date of the notice, unless the parents/guardians and superintendent agree in writing to an alternate time.
The notice shall further state the student may:
1) be present at the hearing;
2) have an opportunity to present evidence;
3) have an opportunity to examine/question the school’s evidence and witnesses;
4) be accompanied by his/her parents/guardians; and
5) be represented by an attorney.
The notice shall also state the failure to request such a hearing constitutes a waiver of further rights in that matter.
B Hearing before the School Director
The school shall make a good faith effort to inform the student and the student’s parents/guardians of the time and place for the hearing, and the school shall hold the hearing regardless of whether the student, the student’s parents/guardians, or another adult representing the student attends the meeting. The superintendent shall audio record the meeting.
Immediately following the hearing on expulsion, the superintendent will notify the student and the student’s parents/guardians in writing of his/her decision. The decision shall specify:
1) The length of the expulsion, if any;
2) The procedures for re-admittance at the end of the expulsion period; and
3) The right to appeal the superintendent’s decision to the school board.
C. Appeal to the Board
1) The student or his/her parents/guardians may appeal the superintendent’s decision to the school board by notifying the superintendent in writing within seven (7) days of the date of receipt of the superintendent’s decision. The board will review the audio or transcribed record from the hearing before the superintendent at the next regularly scheduled board meeting, or at the discretion of the board, at a special called meeting. The board will notify the student and his/her parents/guardians of its decision in writing within five (5) calendar days of the hearing.
2) Consequence will not be deferred pending the outcome of an appeal of an expulsion to the board. Except when required by law, students will not earn academic credit during a period of expulsion.
