Mandatory Expulsion

A student shall be expelled from school if the student, on school property or while attending a school-sponsored or school related activity on or off of school property:

uses, exhibits, or possesses:

• a firearm as defined by Texas Penal Code 46.01(3);
• an illegal knife as defined by Texas Penal Code 46.01(6) (blade longer than 5.5 inches);
• a club as defined by Texas Penal Code 46.01(1); or
• a prohibited weapon, as defined by Texas Penal Code 46.05.

engages in conduct that contains the elements of the offense of:

• aggravated assault under Penal Code 22.02;
• sexual assault under Penal Code 22.011;
• aggravated sexual assault under Penal Code 22.021;
• arson under Penal Code 28.02;
• murder under Penal Code 19.02;
• capital murder under Penal Code 19.03;
• criminal attempt to commit murder or capital murder under Penal Code 15.01;
• indecency with a child under Penal Code 21.11;
• aggravated kidnapping under Penal Code 20.04; or
• the use, possession, sale, gift or delivery to another person of marijuana or any controlled substance, or any dangerous drug or alcohol, if such conduct is punishable as a felony.
• making a false report or alarm or a terroristic threat involving any public school while they are at school or a school activity.
• aggravated robbery against another student
• manslaughter
• criminally negligent homicide
• deadly conduct

A student will also be expelled from school if the student engages in conduct containing the elements of any offense described above against any school employee or volunteer in retaliation for, or as a result of the employee’s employment or the volunteer’s association with the school district. In this case, the student shall be expelled regardless of when or where the conduct occurred.

Permissive Expulsion For Conduct On Or In Proximity To School:

A student may be expelled, in the discretion of the administration in view of all the facts and circumstances, for any of the following offenses when they occur on or within 300 feet of school property, as measured from any point on the school’s real property boundary line:

• Sells, gives, delivers, possesses, uses or is under the influence of marijuana, drugs, alcohol, or abusable volatile chemical offenses, regardless of the amount.
• Assault resulting in bodily injury against a school employee or volunteer.
• Deadly conduct.
• Making a false alarm or report of bombing, fire, or other emergency involving a public school.
• Making a terroristic threat involving a public school.
• Committing any offense stated in item 1 and 2 under MANDATORY EXPULSION.
• Committing a serious offense or engaging in persistent misconduct while assigned to the DAEP.

Permissive Expulsion For Conduct Outside Of School:

A student may be expelled, in the discretion of the administration in view of all the facts and circumstances, for any of the following offenses, regardless where they occur:

• Intentionally or knowingly damaging personal property, including real estate and tangible personal property belonging to any public school or institution of higher education, and the amount of loss is greater than $1,500.
• Intentionally or knowingly damaging the property of any other person without the person’s consent, and the amount of loss is greater than $1,500.
• Making a false report or alarm or a terroristic threat involving a public school.
• Assaulting an employee or volunteer in retaliation for or because of the person’s relationship with the school and the assault results in bodily injury.
• Committing aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, criminal attempt to commit capital murder, or aggravated robbery against another student.
• Committing any offense listed at item 1-4 under MANDATORY EXPULSION on the school property of another Texas school district or while attending a school sponsored or school related activity of another Texas school district.

Age for Expulsion / Discipline Alternative Education Program Placement (DAEP)

• No student under the age of ten may be expelled from school under any circumstances. Students under the age of ten who commit expellable offenses shall be placed in DAEP.
• Elementary school students may not be placed in an DAEP with students who are not in elementary school. Students under age six may not be placed in an DAEP for any reason other than bringing a firearm to school.

Expulsion Procedure

The superintendent, or designee, will serve as the hearing officer for expulsions. Prior to the hearing, the school district will send written notice to the student and parent or guardian. The notice will include:

• The date and time of the hearing;
• A statement of the charges and the proposed sanctions so as to afford a reasonable opportunity for preparation;
• The names of witnesses to be presented by the school, along with a general description of the evidence; (NOTE: In an expulsion hearing, the district may rely on the hearsay testimony of school administrators who have investigated disciplinary infractions).
• A written invitation to attend and participate in the expulsion hearing;
• Notice that the student may be represented by any adult representative, including legal counsel;
• Notice that the student will have the opportunity to testify, to present evidence and witnesses, and to cross-examine witnesses.

The action of the superintendent may be appealed to the Board of Trustees by giving written notice of appeal to the superintendent. The notice of appeal must be signed and dated, and must be given to the superintendent within three days after receipt of the superintendent's written decision on the matter.

Within five days after receipt of a notice of appeal, the superintendent shall notify the student and parent or guardian, in writing, of the date, time and place of the appeal hearing before the Board of Trustees. The board shall hold the hearing within 25 days after receipt by the superintendent of the written notice of appeal.

The Board of Trustees will not conduct an evidentiary hearing, but will act in an appellate capacity. The superintendent will prepare a record of the hearing he conducted and the board members will review that record. The parties will each have 20 minutes to present arguments to the board as to whether or not the superintendent's decision should be affirmed. The board may affirm, modify or reverse the superintendent's decision.

Pending any such appeal to the board, the order of the superintendent shall remain in effect.

Emergency Expulsion

The principal, designee, or superintendent may order the immediate expulsion of a student if the principal, designee, or superintendent reasonably believes that this action is necessary to protect persons or property from imminent harm. At the time of the emergency, the student will be given oral notice of the reason for the action which must be a reason for which the student could be expelled on a non-emergency basis, with appropriate due process to follow within a reasonable time there after. An order of emergency expulsion shall be for no more than 10 school days.