A. OFFENSES SUBJECT TO EXPULSION [TEC 37.007 AND 37.125]

Mandatory Expulsions
A student must be expelled for any of the following offenses if committed on school property, including a parking lot, parking garage, or other parking area owned by the school district, or on a school bus, or while attending a school-sponsored or school-related activity on or off school property:

Bringing to school a firearm, as defined by federal law as:

• 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.
• The frame or receiver of any such weapon.
• Any firearm muffler or firearm silencer.
• Any destructive device, such as any explosive, incendiary, or poison gas bomb, or grenade.

Use, exhibition, or possession of the following, under the Texas Penal Code:

• A firearm (defined as any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use).
• An illegal knife, such as a knife with a blade over 5 1/2 inches; hand instrument, designed to cut or stab another by being thrown; dagger, including but not limited to a dirk, stiletto, and poniard; bowie knife; sword; or spear.
• A club.
• 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; or zip gun.

Behavior containing the elements of the following under the Texas Penal Code:

• Aggravated assault, sexual assault, or aggravated sexual assault.
• Arson.
• Murder, capital murder, or criminal attempt to commit murder or capital murder; manslaughter; or criminally negligent homicide.
• Indecency with a child.
• Continuous sexual abuse of a young child or children.
• Aggravated kidnapping.
• Aggravated robbery.
• Behavior punishable as a felony that involves 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 while under the influence of alcohol.
• Retaliation against a school employee combined with one of the above-listed offenses on or off school property or at a school-related activity.

Discretionary Expulsions
A student may be expelled for any offense that is a state-mandated expellable offense if the offense is committed on the property of another district in Texas or while the student is attending a school-sponsored or school-related activity at a school in another district in Texas.

A student may be expelled for any of the following offenses if committed within 300 feet of the school's real property boundary line:

• Aggravated assault, sexual assault, or aggravated sexual assault.
• Arson.
• Murder, capital murder, or criminal attempt to commit murder or capital murder;
• Indecency with a child, aggravated kidnapping, manslaughter, criminally negligent homicide, or aggravated robbery.
• Continuous sexual abuse of a young child or children.
• Committing a felony drug- or alcohol- related offense.
• Using, exhibiting, or possessing a firearm, an illegal knife, a club, or prohibited weapon.

A student may be expelled for any of the following offenses if committed on school property or within 300 feet of the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off school property:

• Engaging in conduct that contains the elements of an offense under Section 22.01, Penal Code (assault with injury is when a person intentionally, knowingly or recklessly causes bodily injury to another, including the person's spouse) against a school district employee or volunteer.
• Engaging in conduct that contains the elements of the offense of deadly conduct under 22.05 of the Penal Code.

A student may be expelled for any of the following offenses regardless of where the conduct takes place:

• Engaging in conduct that contains the elements of an offense under Section 22.01, Penal Code (assault with injury is when a person intentionally, knowingly or recklessly causes bodily injury to another, including the person's spouse) in retaliation against a school district employee or volunteer.
• Making a terroristic threat; false alarm or report (e.g., bomb threats) involving a public school.
• Criminal mischief if punishable as a felony.

A student may be expelled for any of the following offenses regardless of where the conduct takes place if it is against another student:

• Aggravated assault.
• Sexual assault.
• Aggravated sexual assault.
• Murder.
• Capital murder.
• Criminal attempt to commit murder or capital murder.
• Aggravated robbery.

A student may be expelled for serious or persistent misbehavior if a student is already in a disciplinary Alternative Education Program and continues to violate the District's Student Code of Conduct.

B. EXPULSION [TEC 37.007]

The Board delegates the authority to expel students to the Superintendent or Superintendent's designee. A student under 10 years of age who engages in expellable conduct described in Section 37.007 shall receive educational services in the district's disciplinary Alternative Education Program. A student under the age of six may not be removed to a disciplinary Alternative Education Program (as described in 37.008) unless they commit a federal firearms offense. The duration of a student's expulsion will be determined on a case-by-case basis. The maximum period for an expulsion is a calendar year unless it is determined that the student is a threat to the safety of other students or to the District employees; or an extended placement is in the best interest of the student. Students who commit offenses requiring expulsion at the end of one school year may be expelled into the next school year to complete the assigned term of expulsion. (See page 14 for students with disabilities.)

Hearing and Notice
The principal or other appropriate administrator will schedule a hearing within a reasonable time with the student's parents, the teacher, and the student. The student's parent or guardian will be invited in writing to attend the hearing. If the school district makes a good-faith effort to inform the student and the student's parent or guardian of the time and place of the hearing, the district may hold the hearing regardless of whether the student, the student's parent or guardian, or another adult representing the student attends. [37.009(f)]

Placement Pending Hearing
Until a hearing can be held, the principal or other appropriate administrator may place the student:

• In another appropriate classroom.
• In in-school suspension.
• On suspension.
• In a disciplinary Alternative Education Program.
• On emergency expulsion.

Due Process
A student facing expulsion will be given appropriate due process as required by the U. S. Constitution. The student is entitled to:

• The right to an adult representative who is not a District employee or legal counsel who can provide guidance to the student.
• An opportunity to testify and to present evidence and witnesses in the student's defense.
• An opportunity to question the District's witnesses.

Notification
After the hearing, notification of the principal's or other appropriate administrator's recommendation will be provided in writing. If the student is to be expelled, 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 expelling the student and information required by Section 52.04 of the Family Code.

Firearm Violations
State and federal law require a student to be expelled from the regular classroom for a period of at least one calendar year for bringing a firearm, as defined by federal law, to school. However, the Superintendent or designee may modify the length of the expulsion on a case-by-case basis. Expelled students may receive educational services in the District's disciplinary Alternative Education Program or the Juvenile Justice Alternative Education Program. Students under the age of ten shall receive educational services in the district's disciplinary Alternative Education Program.

Admission of Expelled Students
The District will decide on a case-by-case basis the placement of a student who is subject to an expulsion order from another district or open-enrollment charter school and who requests admission into the District.

Participation in Activities
Expelled students are prohibited from being on school grounds or attending school-sponsored or school-related activities during the period of expulsion.

Academic Credit
No District academic credit will be earned for work missed during the period of expulsion [unless the student is enrolled in a Juvenile Justice Alternative Education Program].

Appeal
The student and/or the student's parent or guardian will be given notice of their right to appeal an expulsion. The appeal must be received by the district within seven District business days of the date of the expulsion order. Expulsion recommendations are made by the campus administration. Expulsion orders are approved by the Associate Superintendent. Expulsions can be appealed to the Chief Academic Officer or designee (Level II), the Superintendent or designee (Level III), and the Board (Level IV). The decision of the Board may be appealed by trial de novo to the Travis County District Court. Consequences will not be deferred pending the outcome of an appeal.

Emergency Expulsion [Section 37.019]
In an emergency, the principal or other appropriate administrator may order the immediate expulsion of a student when the continued presence of the student on campus poses a danger of imminent harm to persons or property. When an emergency expulsion occurs, the student and parent and/or guardian will be given oral notice of the reason for the action. This will be followed by written notification.

A student who is expelled on an emergency basis will be released to the student's parent, parent's representative, medical providers, or law enforcement authorities. Within a reasonable amount of time after the emergency expulsion, the student will be given appropriate due process required for a student facing expulsion. For a student with disabilities the term of the student's emergency expulsion is subject to the requirements of federal law.