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062904 |
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STUDENT DISCIPLINE: |
FOE |
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EMERGENCY PLACEMENT |
(LEGAL) |
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IMMEDIATE PLACEMENT |
The principal or the
principal's designee is not prohibited from ordering the immediate placement
of a student in a disciplinary alternative education program (DAEP) if
the principal or designee reasonably believes that the student's behavior is
so unruly, disruptive, or abusive that it seriously interferes with a
teacher's ability to communicate effectively with students in class, with the
ability of students to learn, or with the operation of school or a
school-sponsored activity. |
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IMMEDIATE EXPULSION |
A principal or
designee may order the immediate expulsion of a student if the principal or
designee reasonably believes that such action is necessary to protect persons
or property from imminent harm. |
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PROCEDURE |
At the time of an
emergency placement or an emergency expulsion, the student shall be given
oral notice of the reason for the action. The reason must be a reason for
which placement in a DAEP or expulsion may be made on a nonemergency
basis. Within a reasonable time, but not later than the tenth day after the
placement or expulsion, the student shall be accorded the appropriate due
process required for a removal or an expulsion. [See FOA, FOC,
and FOD] |
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STUDENTS WITH
DISABILITIES |
If the student is a
student with disabilities who receives special education services, the
emergency placement is subject to federal law and regulations and must be
consistent with the consequences that would apply under Education Code
Chapter 37, Subchapter A, to a student without a disability. [See FOF] |
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IMMUNITY |
A principal or designee is not liable
in civil damages for an emergency placement. Education Code 37.019 |
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DATE
ISSUED: 12/16/2003 |
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UPDATE
72 |
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FOE
(LEGAL)—P |
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