Constitutional Concerns
Chapter 37
Removal to a DAEP
Abbreviations
Case Studies
100
The starting point for any discussion of the law and student discipline..p305
What is Due Process
100
The Texas Education Code, which was originally enacted in 1995 as part of a major over-haul of the Education Code. Gave state law more control over student discipline than ever before.
What is Chapter 37
100
Section 37.006 lists the offense for which a student must be assigned to a DAEP. Some of these offenses require DAEP placement only if they occur at school, within 300 feet of school property or at a school-sponsored event p317
What is Mandatory Placements
100
The overhaul of the Education Code in 1995 created an alternative to explusion through. p317
What is A.E.P Alternative Education Programs
100
Was a United States Supreme Court decision involving free speech and public schools. (478, U.S 675,1986)
What is Bethel School District v. Fraser
200
Require that the state provide "due process" to an individual prior to taking from that person...p305
What is life, liberty, or property."
200
Specify standards for students conduct and outline the type of behavior that might get a student in trouble at school.
What is Student Code of Conduct
200
Any unlawful conduct directed against a public servant of official's performance of official duties.
What is Retaliation
200
A program for students who have committed disciplinary infractions.p317
What is DAEP
200
The Supreme Court concluded that due process is required before a student can be suspended from school. p306
What is Goss v Lopez
300
1. There must be some action on the state 2.The state must have deprived the individual of "life, liberty, or property. 3.The nature of the process due depends on the severity of the deprivation. p305
What are Three Key Concept necessary to an understanding of the due process clauses in our Constitution.
300
The disciplinary changes incorporated into Chapter 37 was to give classroom teachers more authority when it comes to maintaining effective discipline in the classroom. p315
What is Teacher-Initiated Removal
300
If a student commits an off-campus felony other than those covered by Title 5, the school district may place the student in DAEP P318
What is Discretionary Placements
300
The 1997 legislature effectively eliminated explusion "to the street" from the larger counties in Texas with this program. p 323-324
What is JJAEP Juvenile Justice Alternative Education Program
300
A student was found to be a "minor in possession of alcohol" away from school during spring break. In accordance with the student handbook, the school suspended the student from the baseball team. p334-335
What is Ryan G. v Navasota ISD
400
Are notice and an opportunity to be heard. p306
What is The fundamentals of due process
400
Is designed as a short-term disciplinary action. Is limited to three days per offense.
What is Suspension
400
Serve students who have gotten in trouble, but not intended to be warehouses for kids who are doomed to drop-out. p321-322
What is life in a DAEP
400
The primary function is to decide what to do when the principal orders a student back to the classroom of a teacher who refuses to take the student back. p315
What is PRC or Placement Review Committees
400
A student sued the school district challenging his transfer to the Rebound Alternative education Program and the constitutionality of TEC37.006(a) p320
What is Nevares v. San Marcos CISD, 111 F.3d 25 (5th Cir. 1997)
500
When a rule sweeps beyond the are of concerns. p 309
What is Overbreadth or overly broad.
500
Is the harshest penalty the school can impose. Reserved for only the most serious offenses. Student must be at least 10 years old.
What is Explusion
500
Section 37.007 Spells out several types of conducts that requires---p323
What is Grounds for Explusion
500
Is an important source of law because it applies to the daily operation of schools, detailing the responsibilities and duties of the State Board of Education, the Texas Education Agency, school boards, charter schools, and school personnel. p2
What is TEC or Texas Education Code
500
This case was brought before the 1977 Supreme Court. The parents contended that corporal punishment was a violation of a child's basic constitutional rights. p331
What is Ingraham v Wright, 430 U.S. 651 (1977)
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