20 Jan 2006
DISD To Provide Information About Changes Wednesday, January 25, At 6 p.m.
DALLAS—The Dallas Independent School District's 2005-06 Student Code of Conduct is being revised to comply with recent changes in state law, changes that alter the definition of offenses such as bullying, hazing, harassment, and possession of controlled substances,
and notifying parents that district police officers may use a portable drug test kit for suspected substances.
Information about all the changes has been posted on the HYPERLINK "http://www.dallasisd.org" www.dallasisd.org Web site, will be included in a Wednesday evening public forum at the district's Administration Building, and later sent home to all parents in the district.
"There are important changes being made to the district's Student Code of Conduct that we want all parents and students to be made aware of," said DISD Superintendent Michael Hinojosa. "State law has changed recently and we are attempting to bring district policy into alignment, while at the same time providing better tools for the district to use to keep order in our schools, and give students and parents proper notification and due process."
Wednesday's meeting will be held at 6 p.m. at 3700 Ross Avenue in the DISD Administration Building's auditorium. Parents, students and teachers all are invited and encouraged to attend the meeting, the superintendent said.
"We would not normally be making as many changes to the student code of conduct in the middle of the school year, but for the changes that have become effective in Texas state law," Hinojosa said. "We are seeking to bring our policies into alignment with state code, and at the same time make sure our parents and students are aware of the impact the changes could have on them."
Included in the proposed changes, which the DISD Board of Trustees will consider for a final vote Thursday, are changes in the definitions of several offenses, including bullying, harassment, hazing, the meaning of a "hit list," and self defense mandated by state law.
With the legislative changes, bullying is now defined as "a written or oral expression or physical contact 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 damage to the student's property; or to be sufficiently severe, persistent or pervasive to create an intimidating, threatening or abusive educational environment for a student."
Harassment is defined as "conduct that threatens to cause harm or bodily injury to another student, is sexually intimidating, causes physical damage to the property of another student, subjects another student to physical confinement or restraint, or maliciously and substantially harms another student's physical or emotional health or safety." Its scope also would be expanded to include protection to those with disabilities, as well.
The definition of hazing also has been redefined by the Legislature as "an intentional or reckless act, on or off campus, by one person alone or acting with others, that endangers the mental or physical health or safety of a student for the purpose of pledging, initiation into, affiliation with, holding office in, or maintaining membership in an organization."
The use of a the term "hit list" also would be added and is defined as "a list of people targeted to be harmed, using a firearm or knife as defined in the Penal Code, or any other object to be used with intent to cause bodily injury."
The definition of possession also would be re-written to include "'a substance or item' found on the premises, or within 300 feet of school property if located in the student's vehicle, locker, book bag, purse, clothing or other personal belongings under the exclusive control of the student."
The term "self defense" also is being included to mean "the use of force against another to the degree a person reasonably believes the force is immediately necessary to protect himself or herself."
Changes in state law also provide a greater protection to teachers who would be able to remove and prohibit the return of any student if the teacher was "the victim of sexual assault, aggravated assault, aggravated sexual assault or assault with bodily injury, by the student."
The application of the word "use" also would be expanded to include where a student has also admitted use of a prohibited substance that is detectable by the student's physical appearance, actions, breath and speech.
DISD maintains a student code of conduct in order to describe behavior that builds a positive environment for learning, delineates specific examples of misconduct, defines penalties that will be imposed for specific misconduct, and provide for district consistency in the matter of student discipline. Texas law requires a school district to provide students and parents with behavioral expectations and the kinds of misconduct that can result in disciplinary consequences.
"We strive as a district to use the student code of conduct as a rule book and tool for ensuring a safe learning environment for all our students," Hinojosa said. "We also strive as a district to use prevention and intervention measures before taking punitive action."
Currently, in DISD, a student may be removed for any drug offense on the basis of a field test administered by a police officer. However, subsequent laboratory testing may result in a change of placement
consistent with the code of conduct. If laboratory results are negative, the student may be returned to the campus or remain in an appropriate alternative educational setting that is consistent with the code of conduct.
The district also offers a risk assessment of students in an effort to determine what additional support services can be offered. Federal law requires parent/legal guardian approval prior to its administration, and the consent may be refused by the parent/guardian.
Changes also have been included to provide additional protections for special education students who commit different offenses.
A student who is a victim of bullying may exercise mandatory transfer rights to another campus. The same applies to victims of sexual assaults, and a student convicted or adjudicated for sexual assault or aggravated assault may be subject to mandatory transfer at the victim's request.