STUDENT DISCIPLINE AND PLACEMENT

·   Department Description 

Student Discipline and Placement supports campuses in interpreting and enforcing the FWISD Student Code of Conduct.  District Hearing Officers help determine the least restrictive options for students requiring alternative placement.  In addition, they offer a Diversionary Referral Program that some students may be eligible to participate in lieu of a level II DAEP.  The hearing officer will determine eligibility for the Diversionary Referral Program.  The department provides regular data reports to campuses on their disciplinary practices in the interest of decreasing suspensions and expulsions and improving the instructional continuity for students facing disciplinary action.

Conference Rules and Procedures 

The hearing officer shall conduct an in person conference and/or teleconference for a student who is being recommended for[PR1]  placement in a Level II DAEP. The hearing officer must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinary history or a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct, a student’s status in the conservatorship of the Department of Family and Protective Services, a student’s status as a student who is homeless,  regardless of whether the decision of the hearing officer concerns a mandatory or discretionary action. When possible, this conference shall be held within three days of the time of the offense. If after notice is provided to the student and the parent/guardian regarding the time and location of the conference, the hearing officer may hold the conference regardless of whether the student or student’s parent/guardian attends.  During the conference, the following procedures may be followed: 

1. Advise the student of the conduct or offense with which he/she is charged. 

2. Permit the student the opportunity to explain his/her version of the incident.   

3. Permit the student to have adult or legal representation. The District may be represented by an employee or legal counsel. 

4. Written statements from witnesses or parties may be introduced. 

5. No formal rules of evidence will be observed. Each party in turn, beginning with the District, shall be permitted to develop or defend the charge, present evidence and request appropriate action of the central hearing officer. 

6. The hearing officer shall be and remain impartial and assist the parties in developing all the facts and evidence in order to present a full account of the incident. The hearing officer’s decision will be based upon a consideration of the credible evidence offered and the discipline philosophy of the District. If the student is expelled to JJAEP, not later than the second business day after the hearing, the Board’s designee will deliver to the Juvenile Court a copy of the order placing a student in at JJAEP and information required by Section 52.04 of the Family Code. 

7. From the time of the decision of the central hearing officer to place a student in a disciplinary alternative education program, the student must enroll in the disciplinary alternative education program. Even if an appeal is made by the student, parent(s), or guardian(s), the student must remain in the disciplinary alternative education program until a final decision is made. 

8. The Student Discipline and Placement Department reserves the right to modify or revise the length of placements and determine the level of offense, as deemed appropriate under the circumstances present in each case.