425 records are reported at the end of the current school year, and are a part of Submission 3.
Input Record Type |
District |
Student |
Campus |
Campus ID of Disciplinary Assignment |
Disciplinary Action Number |
Disciplinary Action |
Disciplinary Action Reason Code |
|---|---|---|---|---|---|---|---|
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425 |
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425 |
Official Length of Disciplinary Assignment |
Actual Length of Disciplinary Assignment |
Disciplinary Length Difference Reason Code |
Disciplinary Incident Number |
Reporting Period Indicator Code |
Date of Disciplinary Action |
Campus ID of Disciplinary Responsibility |
Filler |
|---|---|---|---|---|---|---|---|
Columns |
Columns |
Columns |
Columns |
Column |
Columns |
Columns |
Columns |
425 records are reported at the end of the current school year, and are a part of Submission 3.
Refer to Appendix E for additional information related to discipline reporting that includes detailed definitions of DISCIPLINARY-ACTION-CODEs and DISCIPLINARY-ACTION-REASON-CODEs.
425 record data is required by TEC, Chapter 37, P.L. 107-110 - No Child Left Behind (NCLB), and IDEA 2004, which includes students who are receiving special education and related services. TEA will maintain the privacy of this personally identifiable information in accordance with FERPA.
Under TEC 37.008(m-1), failure to report all disciplinary removals and truancy actions as required by state and federal law may result in a review by the commissioner of education and notice to the local school board of any problems noted in the district’s data, or a violation of a law or other rule. This review may also result in a notification to the county attorney, district attorney, criminal district attorney, as appropriate, and the attorney general. This provision can apply to missing, inaccurate, and/or falsified information/data.
For purposes of discipline data reported to TEA, the attendance/PEIMS data personnel are only responsible for entering information that has been provided to them by the Superintendent or their designee(s) who are responsible for applying the Student Code of Conduct to student behavior. In no case should attendance/PEIMS data personnel be responsible for determining a student's coding information for discipline actions taken.
A PEIMS 425 record must be reported for each disciplinary action that results in a removal of a student from any part of their regular academic program. A single student will have multiple 425 records if removed from his classroom more than once. Every disciplinary action that results in the removal of a student from any part of their regular academic program will be categorized in one of the following general categories: In-School Suspension (ISS), Out-of-School Suspension (OSS), Expulsion, Juvenile Justice Alternative Education Program (JJAEP), or DAEP assignments. Refer to PEIMS Code Table C164 for the specific actions to be reported.
For ISS and OSS, any removal of the student for less than a whole day will be reported as if it is a whole day with a value of at least 1(one) in the OFFICIAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT and/or ACTUAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT fields. If the removal is for less than a whole day, then DISCIPLINARY-ACTION-CODEs 25 and/or 26 should be used to reflect the partial day assignments to either ISS or OSS. This also applies to consecutive or non-consecutive partial day assignments where the assignment is for more than one calendar day.
For ISS, OSS, JJAEP, DAEP, and Expulsion assignments that involve any part of a day, the OFFICIAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT and/or ACTUAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT field should be rounded up to the next whole number. (For example, if a student is suspended out of school for 2.5 days, then there should be one 425 record where the OFFICIAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT and/or ACTUAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT field should be reported with a value of 3.)
TRUANCY:
Truancy reporting is a federally mandated requirement under the NCLB.
A 425 record on truancy can only be generated after the court has made a finding (disposition/order) of truancy.
Filing charges with the court does not constitute truancy in and of itself.
If a court hearing does not occur during the school year in which the truancy charges were filed a 425 record for truancy can not be generated during that school year. A 425 record could be generated the following school year upon completion of the court proceedings and findings of truancy by the court only if the student enrolls and is in attendance in the district the following school year.
If a student withdraws from the district or is withdrawn by the district after truancy charges are filed and the court during the same school year issues a finding of truancy then the district is to report a 425 record using the date of withdrawal as the DATE-OF-DISCIPLINARY-ACTION.
If a court hearing does not occur until the summer following the school year in which the truancy charges are filed a 425 record for truancy (if there is a finding of truancy by the court) will be reported the following school year (if the student re-enrolls in the district the following year) with the DATE-OF-DISCIPLINARY-ACTION being the first day of school.
In cases where the school district files truancy proceedings against the parent(s) and the student for the same event if the court makes a finding (disposition/order) against both parent and student a 425 record is required for the student.
Districts have the option of reporting both parent(s) and student truancy findings but must report the student and must use two different incident numbers. If truancy is only found against the parent and not the student then a 425 record must be reported on the findings against the parent(s).
Finding or filing of truancy charges does not constitute a disciplinary assignment in and of itself. Any action by the district requiring removal from the regular classroom for truancy must be documented in the district’s student code of conduct TEC 37.001.
CAMPUS-ID-OF-DISCIPLINARY-ASSIGNMENT will be blank when a campus of disciplinary assignment is not appropriate. Examples of this situation include out-of-school suspension and expulsion without placement in another educational setting.
A single incident/offense may result in multiple disciplinary actions. In such cases, multiple 425 records must be reported for each action taken against a particular student for a particular incident/offense. See Example #2 of this section.
DISCIPLINARY-ACTION-NUMBER is used to differentiate between separate disciplinary actions for a particular student on a particular campus. For example, while Janice was enrolled on Campus 002, she had DISCIPLINARY-ACTION-NUMBERs 001-013 reported on her 425 records for Campus 002. After Janice moved to Campus 005, she had DISCIPLINARY-ACTION-NUMBERs 001-004 reported on her 425 records for Campus 005. However, districts/campuses may choose any numbering sequence, as long as the same number is not repeated for a particular student at a particular campus.
DISCIPLINARY-ACTION-CODEs 01 through 04 should only be used when a student has been expelled. These codes should not be used for OSS, which are limited by law to three days or fewer. Similarly, these codes should not be used for DAEP placements not made in conjunction with an expulsion. When a student has been placed in a DAEP, but not expelled, DISCIPLINARY-ACTION-CODE 07 should be used.
Note that DISCIPLINARY-ACTION-CODEs 01 through 04 refer to "formal expulsion hearings”. This is because expulsion hearings under TEC, Section 37.009(f) are more formal than AEP placement or suspension "conferences." These formal expulsion hearings are one way to identify when a student has actually been expelled as opposed to suspended or placed in a DAEP. Also, a student may only be expelled for conduct listed under TEC, Section 37.007.
DISCIPLINARY-ACTION-CODEs 02 through 04 (expulsion with placement) apply when a student is expelled, but continues to receive services during the term of the expulsion. Again, these codes should not be used when a student has been placed in a DAEP, but has not been expelled. In counties where the population is over 125,000, state law requires that expelled students be placed in an alternative education setting of some type. Districts located in these counties usually place expelled students in a DAEP operated by the district or in a JJAEP operated by the district or by the juvenile board for the county. Other districts may voluntarily serve expelled students in alternative settings such as DAEPs.
A 425 record is created if a student is placed in a JJAEP. However, once in the JJAEP, no further 425 records are reported for disciplinary actions that occur while in the JJAEP. The only exception to this rule is when a student is continuing a JJAEP assignment from either a prior school district or prior school year.
ISS includes any disciplinary setting other than DAEP, JJAEP, or OSS. For Special Education student’s behavior management or behavior adjustment classes are not considered ISS programs as established by the ARD committee and are not considered ISS programs.
DISCIPLINARY-ACTION-CODE 13 may only be used when a Court order requires a student to attend the JJAEP independent of any action required to be taken by the school district and described in TEC Chapter 37. Do not use DISCIPLINARY-ACTION-CODE 13 for students that are incarcerated in either a jail or juvenile detention center. A term of incarceration does not constitute a removal by a school district. The DISCIPLINARY-ACTION-REASON-CODE for DISCIPLINARY-ACTION-CODE 13 should always be 21 because the district is reporting a court ordered placement for a behavior which the district either could not or would not have acted.
DISCIPLINARY-ACTION-CODE 14 may only be used when a Court order requires a student to attend a DAEP independent of any action required to be taken by the school district and described in TEC Chapter 37. Do not use DISCIPLINARY-ACTION-CODE 14 for students that are incarcerated in either a jail or juvenile detention center. A term of incarceration does not constitute a removal by a school district. The DISCIPLINARY-ACTION-REASON-CODE for DISCIPLINARY-ACTION-CODE 14 should always be 21 because the district is reporting a court ordered placement for a behavior which the district either could not or would not have acted.
In accordance with TEC §37.005, under no circumstance may an OSS exceed (3) three days. If a student receives out-of-school suspension for a partial school day (even if for one class period), that partial day is considered one of the three total allowable out-of-school suspension days.
For disciplinary removals of a student who is receiving special education and related services from the student's current educational placement, a change of placement occurs if the removal is for more than 10 consecutive days (CFR §300.530 - §300.536). The ARD committee that deals with the change of placement must review the student's IEP to detail the special education and related services to be administered to the student while he is removed for discipline reasons. Be careful not to confuse the 10-day change of placement requirement for special education purposes with the 1-day removal requirement for 425 record reporting purposes. A 425 record is required for all students who are receiving special education and related services and are removed from their regularly scheduled classes for one day or more. A change of placement occurs when the removal is for more than 10 consecutive days, and a change of placement may occur when the removal is for more than 10 cumulative days in a school year based on factors such as the length of each removal, the total amount of the time the child is removed, and the proximity of the removals to one another. An ARD committee must be involved when the removal or series of removals constitute a change in placement.
DISCIPLINARY-INCIDENT-NUMBER allows information users to see the connection between two or more students involved in a single incident and/or two or more disciplinary actions for the same incident. The same DISCIPLINARY-INCIDENT-NUMBER may appear on several 425 records for a given student. The same DISCIPLINARY-INCIDENT-NUMBER may also appear on the 425 records of more than one student. See Examples #1, #2, #3, and #5. A particular DISCIPLINARY-INCIDENT-NUMBER may be duplicated for unrelated events across campuses in a particular district, but within a particular campus, the duplication of DISCIPLINARY-INCIDENT-NUMBERs must be related to the same event.
The use of DISCIPLINARY-ACTION-CODEs 50 - 61 should be rare. These codes are limited to those occasions when a Special Education hearing officer assigned by the TEA has been brought in to preside over the Discipline Action Hearing.
In those situations where an incident resulting in disciplinary action occurs in one reporting period and the actual disciplinary action occurs in a subsequent reporting period, REPORTING-PERIOD-INDICATOR-CODE should show the reporting period in which the disciplinary assignment was ordered.
Anytime a disciplinary action spans multiple school years or multiple school districts, the reporting period indicator code for continuation assignments should be the reporting period in which the continuation assignment is made in the subsequent school year or by the subsequent school district. Be sure that DISCIPLINARY-ACTION-CODES 08-12, 15, 55-59 or 61 are used when continuing a disciplinary assignment from a prior year or prior district.
DISCIPLINARY-ACTION-REASON-CODE 23, as authorized by TEC §37.019, allows for either emergency placement or emergency expulsion. The law states that immediate placement (Emergency Placement) of a student in an alternative program is allowed if the principal or principal's designee has a reasonable belief that the student is unruly, disruptive, or has abusive behavior that seriously interferes with a teacher's ability to communicate effectively with the students in a class, with the ability of the student's classmates to learn, or with the operation of a school or school-sponsored activity. The law also states that immediate expulsion (Emergency Expulsion) of a student is allowed if the principal or the principal's designee has a reasonable belief that immediate action is needed to protect persons or property from imminent harm. Thus, emergency action under TEC §37.019 should not be the only/final action taken. Code 23 allows for emergency action prior to the due process required under TEC §37.009. Within a reasonable time after the emergency action, due process must then be accorded the student. These two situations may overlap with other codes on the Disciplinary Action Code Table. However, the central focus of this code is the principal's decision to take immediate action in an emergency situation that cannot wait for due process to occur. This code should not be used on a routine basis, only for emergency situations.
NOTE: With regards to the documentation requirements mentioned above, “TEC §37.017 Destruction of Certain Records” states Information received by a school district under Article 15.27, Code of Criminal Procedure, may not be attached to the permanent academic file of the student who is the subject of the report. The school district shall destroy the information at the end of the school year in which the report was filed. In light of this requirement to destroy information received under Article 15.27, Code of Criminal Procedure, the district must retain documentation other than the information received under Article 15.27, Code of Criminal Procedure to support the discipline data submitted on the 425 record for a period of 5 years.
Multiple violations are sometimes committed in the course of one disciplinary event. When completing a 425 record, the district should report only the violations DISCIPLINARY-ACTION-REASON-CODE(s) for which disciplinary action(s) DISCIPLINARY-ACTION-CODE(s) are taken. If actions are only taken for the most serious violation, then only one DISCIPLINARY-INCIDENT-NUMBER should be entered on a 425 record when reporting the DISCIPLINARY-ACTION-REASON-CODEs and DISCIPLINARY-ACTION-CODEs.
If the district takes disciplinary action on each violation that occurred during one disciplinary event, the district should enter a new DISCIPLINARY-INCIDENT-NUMBER for each separate DISCIPLINARY-ACTION-REASON-CODE (violation) being reported.
If a student is involved in a reportable disciplinary incident, and the student attempts to withdraw from school before the disciplinary assignment is made, the district/school should complete the due-process proceedings that result in a disciplinary assignment before the student is allowed to withdraw and then the district is required to report the 425 record reflecting that assignment in order to remain in compliance with TEC §37.009.
CAMPUS-ID-OF-ENROLLMENT must indicate the campus on which the student was enrolled when the disciplinary violation occurred. For all continuation assignments, the CAMPUS-ID-OF-ENROLLMENT must be the campus at which the student is enrolled (PEIMS 400 Record) for instructional services.
CAMPUS-ID-OF-DISCIPLINARY-RESPONSIBILITY should indicate the regular campus on which the student was enrolled when the disciplinary violation/action occurred. If the student is enrolled in the same district that made the original disciplinary assignment, and the student is continuing the disciplinary assignment, then the regular education campus that the student would now attend under all normal circumstances must be identified as the CAMPUS-ID-OF-DISCIPLINARY-RESPONSIBILITY on the PEIMS 425 record. If the student has been promoted or moved from the original campus making the disciplinary assignment, then the regular education campus that the student would now attend under all normal circumstances must be identified as the CAMPUS-ID-OF-DISCIPLINARY-RESPONSIBILITY on the PEIMS 425 record. If the student has changed school districts and the new district is going to continue the disciplinary assignment, then the regular education campus that the student would now attend under all normal circumstances must be identified as the CAMPUS-ID-OF-DISCIPLINARY-RESPONSIBILITY on the PEIMS 425 record. A campus registered in the Texas School Directory as a DAEP should never be reported as the CAMPUS-ID-OF-DISCIPLINARY RESPONSIBILITY. If the student violates the Student Code of Conduct while at the DAEP an additional disciplinary assignment may take place and the CAMPUS-ID-OF-DISCIPLINARY RESPONSIBILITY will be the regular education campus the student would attend if not in the DAEP. A JJAEP can never be the CAMPUS-ID-OF-DISCIPLINARY-RESPONSIBILITY because once the student has been expelled to a JJAEP; no further 425 records are reported for disciplinary actions that occur while the student is in the JJAEP.
CAMPUS-ID-OF-DISCIPLINARY-RESPONSIBILITY will identify the campus that is the owner of the student’s accountability. For most 425 records the CAMPUS-ID-OF-DISCIPLINARY-RESPONSIBILITY field will be the same value as the CAMPUS-ID-OF-ENROLLMENT field. For continuation disciplinary assignments, the CAMPUS-ID-OF-DISCIPLINARY-RESPONSIBILITY field will be a different value from the CAMPUS-ID-OF-ENROLLMENT field when the student’s enrollment has been changed to a disciplinary campus type such as DAEP or JJAEP.
Refer to Example #2 for instructions on reporting 425 records when the disciplinary action is continued from the prior school year.
Permanent removal by a teacher from class (DISCIPLINARY-ACTION-REASON-CODE 01) under TEC §37.002(b) is limited for use in those situations where the teacher has refused re-admittance of the student to that teacher’s class. Otherwise, if the teacher allows re-admittance of the student to the class, then Code 21 (other Student Code of Conduct violation) should be used.
For districts operating DAEPs, or participating in Shared Service Arrangements for DAEP services, or participating in a Memorandum of Understanding (MOU) for JJAEPs, all days of operation for student attendance must be reported through PEIMS Submission 3. There is no Summer School Program period for disciplinary programs such as DAEPs or JJAEPs and all days of student attendance for disciplinary assignments must be reported through PEIMS Submission 3. A district still has control over when the district's calendar for a DAEP or JJAEP begins and ends so long as all days of student operation are reported. For example, if the JJAEP has a 220 day calendar, and a school district’s traditional calendar runs from August 15, 20XX through May 30, 20YY, then the calendar for the JJAEP would potentially run from June 1, 20XX through May 30, 20YY or some variation such that the district’s ability to report PEIMS data for Submission 3 is not inconveniently impaired.
All disciplinary actions that identify DISCIPLINARY-ACTION-REASON-CODEs 02, 04-10, 11-14, 16-19, 22, 26-32, 35-37 and 46-49 as the cause for action must be supported by documentation from a law enforcement agency substantiating the administrator’s reasonable belief that the behavior identified has occurred. If the school district is unable to obtain documentation from a law enforcement agency, and a "good faith effort” has been made to obtain documentation from law enforcement, then the district must have some other documentation that includes a description of the behavior/event and a request for documentation from a law enforcement agency. Rumors, hearsay, and gossip are not sufficient information/documentation for taking a disciplinary action for the above reasons. Without documentation from a law enforcement agency, or documentation substantiating the administrator’s reasonable belief that the behavior occurred, no action may be taken for the above mentioned disciplinary reasons.
For the behaviors identified in TEC §37.006, refer to the “Mandatory DAEP Placement” column on the Chart for Determining Mandatory Placement and Expulsion Codes at the end of Appendix E. For students identified with one of these behaviors there must be a 425 record illustrating at least one day of removal to a DAEP unless the student is a student receiving special education services for whom a manifestation hearing is held in accordance with IDEA and a determination made that the mandatory action is not appropriate and will not be taken. When the mandatory action is not taken and another action is taken, the district must submit a 425 record with DISCIPLINARY-ACTION-CODE 27 and a record with the action(s) taken by the district. Both records must have the same DISCIPLINARY-INCIDENT-NUMBER.
For the behaviors identified in TEC §37.007, refer to the “Mandatory Expulsion” column on the Chart for Determining Mandatory Placement and Expulsion Codes at the end of Appendix E. For students identified with one of these behaviors there must be a 425 record illustrating at least one day of expulsion to either a JJAEP, DAEP, or no academic setting based upon the requirements in state law and/or district policy unless the student is a student receiving special education services for whom a manifestation hearing is held in accordance with IDEA and a determination made that the mandatory action is not appropriate and will not be taken. When the mandatory action is not taken and another action is taken, the district must submit a 425 record with DISCIPLINARY-ACTION-CODE 27 and a record with the action(s) taken by the district. Both records must have the same DISCIPLINARY-INCIDENT-NUMBER.
If the DISCIPLINARY-ACTION-REASON-CODE reported is 02, 04-10, 11-14, 16-19, 22, 26-32, and 35-37, then acceptable documentation, as described above, must be on file. If acceptable documentation cannot be obtained, then an alternate DISCIPLINARY-ACTION-REASON-CODE (such as 21-Violation of Student Code of Conduct not included under TEC §§37.006 or 37.007) should be used since there is no acceptable documentation to support the belief that a crime, or other conduct for which an Expulsion or DAEP Placement is mandatory, was committed.
Please refer to Appendix E, page E.1 for additional information concerning this documentation requirement.
ILLEGAL KNIVES/NON-ILLEGAL KNIVES:
In making the distinction between an illegal knife which is a mandatory expellable offense and a non-illegal knife which is a discretionary expellable offense the following must be taken into consideration:
An illegal knife (DISCIPLINARY-ACTION-REASON-CODE 12) as defined by Section 46.01, Penal Code has a blade length longer than 5.5 inches and meets other definitional requirements stated in Appendix E.
A non-illegal knife (DISCIPLINARY-ACTION-REASON-CODE 50) as defined by local policy has a blade less than 5.5 inches and meets other definitional requirements stated in Appendix E.
THE FOLLOWING INFORMATION APPLIES TO PUBLIC OPEN ENROLLMENT CHARTER SCHOOLS ONLY: While Open Enrollment Charter Schools are not required to participate in the Chapter 37 Discipline Management Program detailed in the TEC, they are required to submit 425 records on any students that they have suspended or expelled. The reason for the suspension or expulsion does not alter the reporting requirement. This issue relates to the federal data reporting requirements for IDEA 2004. Also, federal rules are specific as to the expulsion of students caught with a firearm at school. They must be expelled whether they are enrolled at a public school or an Open Enrollment Charter School. The suspension codes and expulsion codes from Code Table C164 should be sufficient to handle any categorization of those disciplinary actions taken. And, the DISCIPLINARY-ACTION-REASON-CODEs in Code Table C165 should be sufficient to handle any categorization of those disciplinary action reasons identified. For DISCIPLINARY-ACTION-REASON-CODEs that are not specifically identified in Code Table C165, code 21, Violated Student Code of Conduct, should be used to report the suspensions and expulsions.
DATE-OF-DISCIPLINARY-ACTION is the date that the disciplinary assignment was ordered. This may or may not reflect the date on which the disciplinary infraction occurred. This date may or may not reflect the date on which the disciplinary assignment begins. For continuation assignments this date reflects the first day of the continuation.
When reporting DISCIPLINARY-ACTION-CODEs 13 (Placement in a JJAEP by Court order) and 14 (Placement in a DAEP by Court order), please refer to the ADMINISTRATOR ADDRESSED letter dated May 29, 2002. This letter is available on the TEA website under the Correspondence link. In order to place a student in a JJAEP or DAEP by a Court order, there must be a MOU between the court ordering the placement and the school district that will effect and make the placement. In all circumstances of court ordered placements to a JJAEP or DAEP, the DISCIPLINARY-ACTION-REASON-CODE must be a 21 (Violation of student code of conduct not included under TEC §§37.002(b), 37.006, or 37.007). The use of DISCIPLINARY-ACTION-REASON-CODEs 09 (Off-Campus Title 5 Felony) and 10 (Off-Campus Non-Title 5 Felony) for Court ordered placements to a JJAEP or DAEP is not acceptable because the school district has original jurisdiction and a due-process responsibility to hold a conference meeting to enforce a DAEP removal/action as required or permitted in TEC 37.006 (c) and (d). The provisions for these court ordered placements must also be outlined in the Local Student Code of Conduct. Any behavior that a student engages in at school or a school related activity for which they will receive disciplinary attention as provided for under either the minimum requirements of TEC 37.006/TEC 37.007, or the minimum standards of the Local Student Code of Conduct, must be initiated and actuated by the local school district.
In the event that a school district finds it necessary to continue a Court ordered placement to a JJAEP or a DAEP from a prior school year or a prior school district, a new 425 record must be reported with a DISCIPLINARY-ACTION-REASON-CODE of 21 and a DISCIPLINARY-ACTION-CODE of 13 or 14 depending on the action taken. Remember that DAEP assignments that continue into a new school year are subject to the requirements of TEC 37.009(c) referenced on the first page of Appendix E.
Instructions for PEIMS Coding of Discipline Actions for Certain Off-Campus Offenses
The following provides instructions for reporting in PEIMS disciplinary actions for off-campus, student-upon-student offenses.
Background:
House Bill 567, passed during the 78th Legislative Session (2003), allows for a discretionary expulsion for certain offenses.
Texas Education Code (TEC) § 37.007(b)(4). EXPULSION FOR SERIOUS OFFENSES.
(b) A student may be expelled if the student:
(4) engages in conduct that contains the elements of any offense listed in Subsection (a)(2)(A) or (C) or the offense of aggravated robbery under Section 29.03, Penal Code, against another student, without regard to whether the conduct occurs on or off of school property or while attending a school-sponsored or school-related activity on or off of school property.
The law allows for a discretionary expulsion when one student commits any of the following offenses against another student from the same campus off-campus while the students are not in attendance at a school-sponsored or school-related activity: murder, capital murder, criminal attempt to commit murder or capital murder; aggravated assault under Penal Code §22.02; sexual assault under Penal Code §22.011 or aggravated sexual assault under Penal code §22.021; or aggravated robbery under Penal Code §29.03. The students must be assigned to the same campus at the time of the offense or assigned to the same campus during the most recent school year if the offense occurs between school years. As required by TEC §37.001, a district’s student code of conduct must allow for a discretionary expulsion in the cases as described above in order for a district to make the discretionary expulsion.
PEIMS reporting
A district reporting murder, capital murder, criminal attempt to commit murder or capital murder; aggravated assault under Penal Code §22.02; sexual assault under Penal Code §22.011 or aggravated sexual assault under Penal code §22.021 will report the offense using DISCIPLINARY-ACTION-REASON-CODE "09".
A district making a discretionary expulsion for aggravated robbery under Penal Code §29.03 will report the offense using DISCIPLINARY-ACTION-REASON-CODE "10".
A district using DISCIPLINARY-ACTION-REASON-CODEs "09" or "10" with a DISCIPLINARY-ACTION-CODE of an expulsion will receive a special warning on edits 42526 and 42541. Special warnings do not prevent a district from submitting an expulsion with DISCIPLINARY-ACTION-REASON-CODEs "09" or "10".
The 425 Record Chart for Determining Mandatory Placements and Expulsions located in Appendix E illustrates those occasions where mandatory action(s) must be taken. If the offense committed falls under either Mandatory DAEP Placement or Mandatory Expulsion, then the district should report at least one (1) 425 record that matches the chart. Appropriate exceptions would include students receiving special education services for whom a manifestation ARD was held in accordance with the Individuals with Disabilities Education (omit-Improvement) Act (IDEA) and it was determined a link existed between the student’s behavior and the student’s disability. In reporting such an exception, the district must submit one record with DISCIPLINARY-ACTION-CODE 27 and another record(s) with the DISCIPLINARY-ACTION-CODE(s) that was taken by the district using the same incident number linking the records together.
Another exception is when a school district determines that the mandatory disciplinary action will not be taken because the district considered one or more of the TEC, §37.001(a)(4) provisions that requires the district to consider self defense, intent or lack of intent, student’s disciplinary history, or disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct as a factor in a decision to order suspension, removal to a disciplinary alternative education program, or expulsion. The district must submit one record with DISCIPLINARY-ACTION-CODE 28 and another record(s) with the DISCIPLINARY-ACTION-CODE(s) of the action(s) that were taken by the district using the same incident number linking the records together.