Section 103.1205 - Violent Conduct for Purposes of Placement in a Disciplinary Alternative Education Program When Program is at Capacity(a) As authorized under Texas Education Code (TEC), §37.009(a-2), a student who has been placed in a disciplinary alternative education program (DAEP) for conduct described under TEC, §37.006(a)(2)(C-1), (C-2), (D), or (E), relating to offenses involving marihuana, e-cigarettes, alcoholic beverages, and abusable volatile chemicals, may be removed from the DAEP and placed in in-school suspension to make a position available at the DAEP for a student who has engaged in one or more acts of violent conduct, as defined in this section.(b) Violent conduct means an act by a student against another person that is intended to result in physical harm, bodily injury, or assault or a threat that reasonably places the other person in fear of imminent physical harm, bodily injury, or assault.(c) A campus behavior coordinator may determine whether a specific instance of conduct listed in paragraphs (1)-(6) of this subsection rises to the level of violent conduct for purposes of determining placement in a DAEP. If school district policy allows a student to appeal to the board of trustees or the board's designee a decision of the campus behavior coordinator or other appropriate administrator, other than an expulsion under TEC, §37.007, the decision of the board or the board's designee is final and may not be appealed. (1) TEC, §37.007(b)(1)--The student engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Texas Penal Code, § 42.06, or terroristic threat under Texas Penal Code, § 22.07.(2) TEC, §37.007(b)(2)(C)--While on or within 300 feet of school property, or while attending a school-sponsored or school-related activity on or off school property, the student engages in conduct that contains the elements of the offense of assault under Texas Penal Code, § 22.01(a)(1), including when committed as an act of retaliation against an employee or volunteer, as described in TEC, §37.007(d).(3) TEC, §37.007(b)(2)(D)--While on or within 300 feet of school property or while attending a school-sponsored or school-related activity on or off school property, the student engages in conduct that contains the elements of the offense of deadly conduct under Texas Penal Code, § 22.05.(4) TEC, §37.007(b)(3)(A) and (B)--While within 300 feet of school property, or when committed as an act of retaliation against an employee or volunteer, whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off school property, the student engages in: (A) conduct that contains the elements of the offense of unlawful carrying of weapons under Texas Penal Code, § 46.02;(B) an offense relating to prohibited weapons under Texas Penal Code, § 46.05;(C) aggravated assault under Texas Penal Code, § 22.02;(D) sexual assault under Texas Penal Code, § 22.011;(E) aggravated sexual assault under Texas Penal Code, § 22.021;(F) arson under Texas Penal Code, § 28.02;(G) murder under Texas Penal Code, § 19.02;(H) capital murder under Texas Penal Code, § 19.03;(I) criminal attempt to commit murder or capital murder under Texas Penal Code, § 15.01;(J) indecency with a child under Texas Penal Code, § 21.11;(K) aggravated kidnapping under Texas Penal Code, § 20.04;(L) aggravated robbery under Texas Penal Code, § 29.03;(M) manslaughter under Texas Penal Code, § 19.04;(N) criminally negligent homicide under Texas Penal Code, § 19.05;(O) continuous sexual abuse of a young child or an individual with disabilities under Texas Penal Code, § 21.02;(P) selling, giving, delivering to another person, possessing, using, or being under the influence of a controlled substance or dangerous drug, excluding marihuana or tetrahydrocannabinol; or(Q) possessing a firearm, as defined by 18 U.S.C. § 921.(5) TEC, §37.007(b)(4)--The student engages in conduct against another student, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off school property, that contains the elements of: (A) the offense of aggravated assault under Texas Penal Code, § 22.02;(B) sexual assault under Texas Penal Code, § 22.011;(C) aggravated sexual assault under Texas Penal Code, § 22.021;(D) murder under Texas Penal Code, § 19.02;(E) capital murder under Texas Penal Code, § 19.03; or(F) criminal attempt to commit murder or capital murder under Texas Penal Code, § 15.01.(6) TEC, §37.007(c)(1)-(4)--While placed in a DAEP and on the program campus, the student engages in documented serious misbehavior despite documented behavioral interventions.19 Tex. Admin. Code § 103.1205
Adopted by Texas Register, Volume 49, Number 43, October 25, 2024, TexReg 8581, eff. 10/29/2024