BLALACK MIDDLE SCHOOL DISCIPLINE MANAGEMENT PLAN

Level 1 Procedures and Consequences:
1. Intervention shall occur by the teacher who is supervising the student or who observes the misbehavior.
2. Repeated violations shall result in a more severe response.  Four Level 1 violations will result in a Level 2 offense, except where noted.
3. Disciplinary actions shall include, but not be limited to warning/reprimand, conference with student, withdrawal of privilege, classroom isolation, teacher assigned detention, work detail (outside of classroom must have prior administrative approval), and/or parental contact.

Level 1 Offenses include, but are not limited to:
· Cheating/copying the work of another.  Cheating/copying will result in a grade penalty and disciplinary action by the teacher.  The second offense will result in a Level 2 consequence.
· Eating and/or drinking in an unauthorized area.  Teacher discretion for food and drink in the classroom should be used.
· Chewing gum in the building.
· Failure to bring books/supplies to class and/or do assigned work.
· Horseplay and/or running in the halls, classrooms, and/or cafeteria.
· Loitering, either in an unauthorized area, or on campus before or after school hours.
· Minor inappropriate comments.
· Misuse of a pass.
·  Public displays of affection.
·  Sleeping in class.
·  Tardies.  Two tardies per nine weeks per class will result in a detention.  The next tardy will result in a longer detention and a phone call to the parents from the teacher.  Subsequent tardies during the nine-week period will result in administrative intervention.
·  Violation of published classroom rules and/or procedures established by the teacher.
·  Unauthorized use/possession of a CD/tape player, radio, or recorder.  Teacher discretion for CD/tape players, radios or recorders in the classroom will be used.  All teacher authorized (only relates to instruction) items should be kept in book bags until students are in the classrooms.
·  Bringing or riding skateboards, roller skates, or inline skates to school.
·  Wearing a hat, bandanna, or any type of headgear in the building.  Headgear must be kept in the locker during school hours and must not be removed until departure from school.  Failure to follow this policy may cause the item to be confiscated by any school employee and turned in to an administrator.

Level 2 Procedures and Consequences:
1. Refer violations to an administrator.
2. Disciplinary action will be based on the offense, previous actions, and/or the seriousness of the offense.  Repeat violations shall result in a more severe response.
3. Disciplinary actions shall include, but not be limited to: peer mediation, DMC placement, community service, suspension, legal actions, or other administrative intervention.

Level 2 Offenses include, but are not limited to:
· Bus disturbance.  Additional information is provided in the School Transportation handbook.
· Continuation of Level 1 Offenses.
· Inciting disturbance in class, hall, cafeteria, or school grounds.
· Dress code violations resulting in administrative interventions.
· Engaging in threatening behavior and/or encouraging, promoting, or inciting violence.
· Excessive tardies.
· Extortion/coercion.  Defined as threatening others.
· Fighting.  Defined as intentionally causing physical contact with another person, or each other, in an aggressive manner.
· Forgery and/or falsification of any school document.
· Gambling or any form of wagering.
· Gang-related drawings, signs, verbal comments and/or gestures.
· Pulling the fire alarm in the absence of fire or other sign of danger.
· Hazing.
· Insubordination.
· Leaving school/class without permission.  Leaving class without permission is considered insubordination/truancy.
· Misbehavior at a school sponsored activity.
· Possessing any laser-pointer, knife, club, or chain deeded inappropriate by school personnel.  Any laser-pointer, knife, club, chain, or other item will also be confiscated.
· Possessing, smoking, or using tobacco products on campus or at any supervised school activity.  Tobacco products, including lighters, matches, and flints will also be confiscated.
· Profanity, vulgar comments, vulgar gestures and/or drawings.
· Sexual harassment/assault.  Defined as intentionally, knowingly, or recklessly making lewd sexual comments or gestures, or performing sexual aggression against another person.
· Skipping class.
· Theft, possession, and/or sale of private or school property.
· Throwing, propelling, or projecting objects, other than those used on supervised school activities.
· Truancy.
· Unauthorized use of a vehicle, speeding, or parking violation.
· Vandalism.  Defined as damaging or defacing another person’s or school’s property.
· Written and/or verbal abuse of others, including, but not limited to, racial slurs, derogatory statements, and possessing or writing in “slam” books.

Level 3 Procedures and Consequences:
1. Refer violations to an administrator.
2. Additional information regarding the offenses that result in placement at the Alternative Education Program (AEP), procedures, due process, conferences, and appeals are stated in the District Code of Conduct.
3. Disciplinary actions shall include but not be limited to AEP placement and legal action.

Students shall be placed in AEP if a student commits any of the following offenses on school property or while attending a school-sponsored or school-related activity on or off school property but not limited to:

· Formal teacher removal from class (TEC 37.002).
· Involvement in gang activity and/or public school fraternity, sorority, or secret society (TEC 37.121).
· Reckless and/or dangerous behavior.
· Second incident of fighting.
· Selling, giving, delivering, possessing, manufacturing, or using any form of drug paraphernalia (HSC, Ch. 481, 485).
· Serious and/or persistent misconduct.
·  Weapon possession.

A student shall be placed in an AEP if the student commits any of the following offenses on or within 300 feet of school property or while attending a school-sponsored or school-related activity on or off school property (TEC 37.006):

· Engaging in conduct punishable as a felony.
· Committing an assault (PC 22.01 (a)(1)).
· Making a terroristic threat (PC 22.07).
· Selling, giving, delivering, possessing, using manufacturing or being under the influence of marijuana, a controlled substance, or a dangerous drug (HSC, Ch 481 and 483).
· Possessing, using, selling, giving, delivering or being under the influence of an alcoholic beverage (ABC 1.04).
· Behaving in a manner that contains the elements of an offense relating to abusable glue or aerosol paint or relating to volatile chemicals (HSC 484-485.035).
· Public lewdness (PC 21.07).
· Indecent exposure (PC 21.08).
· Retaliation against any school employee, regardless of where or when the conduct occurs (PC 36.06).

A student shall be placed in an AEP based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if (TEC 37.006):

· The student receives deferred prosecution for conduct defined as a Title 5 Penal Code felony offense.
· A court or jury finds that the student has engaged in delinquent conduct for conduct defined as a Title 5 Penal Code felony offense.
· The superintendent or designee has a reasonable belief that the student has engaged in a conduct defined as a Title 5 Penal Code offense.
· The superintendent or designee has a reasonable belief that the student has engaged in conduct defined as a felony offense other than those defined in the Title 5 Penal Code and the continued presence of the student in the regular classroom threatens the safety of other students or teachers or would be detrimental to the educational process.

Level 4 Procedures and Consequences:
1. Refer violations to an administrator.
2. Additional information regarding the offenses that result in expulsion, procedures, due process, hearings, and appeals are stated in the District Code of Conduct.
3. Disciplinary actions shall include but not be limited to expulsion and legal action.

A student may be expelled for any of the following offenses if committed on school property or while attending a school-sponsored or school-related activity on or off school property:

· Conduct containing the elements of criminal mischief under PC 28.03, if punishable as a felony.
· Serious or persistent misbehavior while placed in an AEP.
· Selling, giving, delivering to another person, using or being under the influence of any amount of marijuana, a controlled substance, a dangerous drug or alcohol.
· Conduct containing the elements of an offense relating to abusable glue or aerosol paint or volatile chemicals.

A student shall be expelled for any of the following offenses if committed on school property or while attending a school-sponsored or school-related activity on or off school property:

· Use, exhibition, or possession of: a firearm (PC 46.01(3)); an illegal knife (PC 46.01(6)) or Local Policy); a club (PC 46.01(1)); a prohibited weapon (PC 46.05).
· Aggravated assault (PC 22.02); sexual assault (PC 22.011); aggravated sexual assault (PC 22.021); arson (PC 28.02).
· Murder (PC 19.02); capital murder (PC 19.03); criminal attempt to commit murder (PC 15.01).
· Indecency with a child (PC 21.11).
· Aggravated kidnapping (PC 20.04).
· Engages in conduct specified by TEC 37.006 (a)(3) or (4) if punishable as a felony.
· A student shall be expelled if the student engages in retaliation against a school employee combined with one of the above-listed offenses on or off school property or at a school-related activity.

 CLASSROOM CONSEQUENCES