Item No. 2.7 Consider and disc~.rss presentation to modify
existing county employee personnel manuals to incl~.rded an
employee grievance proced~.tre. (1=r•ed M. Peery)
Judge Denson stated to Mr. Per•r•y that the only connection
Elected Officials has witty the Commissioners' Cour^t was in the
budgetary process and there is no other interference with
elected officials. Mr-. Per•r•y then made his pr^esentation of
the above agenda item. J~.idge Denson stated to Mr•. F'er•r•y that
the co~.ir^t does not have legal a~.rthor•ity to implement plan that
Mr. F'er•r•y is si_iggesting.
Discussion Only.

March 3, 1998
Honorable Judge Robert Denson:
I would hke to request an opporfimily for myself and other members of the Former Sheriff s
Department Employees Association to presettt a proposal to Commissioners Court.
Basically, we wrII propose that Commissioners Court modify ertis6ng courty employee personnel
manuals to incbrde a errgrloyee grievance procedure. We would h7re to propose that members from
our group as well as other interests make up a panel to hear complaints from employees and
department heads.
If we identify a problem with a department b7ce that which is cwrentlY in progress in the Sheriffs
DcpartmeM where a department head is unable to retahr employees, we would make specific
recommendations to Commissioners Court to remedy the situation.
Our ordy purpose is to balance the scale for county employees and department heads so that
employees are happier and more productive wht7e giving department heads relief from dealing with
employee problems on a dar7y basis.
If you feel we need to contact the County Attorney or any specific Commissioner prior to making
our presentation, please advise. We hope to make this effort worthwhile for all citizens of Kerr
County.
Sincerely yours,
~~~ ~~'
Fred IvL Perry II ~ ~ ~ ~ ~~~ ~~)
952 Garden Street I
Kem~7le, TX 78028 ~~// /I~ nn j 73~
830257-5117 ~ {y, `71 ~ ~4Vt/
~ , UU ~~ ~ 1
~~
~~
~I
PURPOSE
Support Existing County Employees
1. Replace term "At will Employee" with a Employee Code
of Ethics.
2. Re-Write employee manuals to include employee
grievance procedure which would include allowing the
employee to go to discipline hearings with someone of their
choice.
Employee Code of Ethics
1. Employees shall not use public office for private gain.
2. Employees shall perform their duties to the beat of their ability.
3. Employees shall expose waste, fraud, abuse, and comrption to the proper authority.
4. Employees shall refrain from any activity that would create the appearance of violating
the Iaw or the ethical standards co~ained herein.
5. Employees shall recognize and uphold the laws of equal opportunity.
6. Employees shall satisfy their obligations as citizeas.
7. Employees shall not accept gifla for doing or not doing their official business.
8. Employees shall pud ethical principals above private gain.
9. Employees shall not hold financial i~erests that conflict with their county unnployme~.
10. Employees shall make no commitment which would be construed to bind the county
unless specifically authorized to do so.

~~/CvsT /Z~ /y P~
(~oM/SSsaxl6/~f ~~~
DISCIPLINARY BOARD
If you have committed or are charged with violating one or more
of the "Prohibited Acts" (see page ), disciplinary measures
can be taken against you, an incident report will be filed,
and major violations will be brought before the Disciplinary
Board. Depending on the decision of the board, you may suffer
a loss of privileges, be placed in segregation for up to 15
days, and/or be relocated elsewhere in the facility. You may
be given 24 hours notice prior to meeting with the board. You
may be represented ~ another inmate or staff member. The
decision of the Disciplinary Board is submitted to the Jail
Administrator within (3) days of receiving written notification
of the Board's decision. However, if your guilt is not
established or charges against you are dismissed, all records
of the hearing will be destroyed.
Minor violations may be handled by the Shift Supervisor. He/She
may restrict you to your housing unit for 24/48 hours with loss
of all privileges. You may appeal the decision to the Jail
Administrator if you feel the restriction was unjust. He will
meet with you at his convenience.

INMATE GRIEVANCE PROCEDURE
The Grievance Procedure is an administrative means for the
expression and resolution of inmate complaints. Inmates may
challenge the application of the institutional rules and
regulation, but may not challenge the existence of those rules
through the grievance procedure (petition of appeal to the Jail
Administrator should be used to challenge rules regulations
or policies).
INMATES MAY FILE GRIEVANCES CONCERNING:
1. Staff conduct and activities
2. The quality and availability of services and programs
3. Conditions of Confinement
4. Personal and family problems that require special attention
5. Injustice suffered by an inmate
6. Problems and concerns not expressly prohibited or not covered
by other Board and Committees.
GRIEVANCE HEARINGS
Inmate grievances will be heard by a three (3) member committee
appointed by the Jail Administrator, it shall consist of two
impartial staff members and one inmate serving a sentence in
the facility. Committee hearings will be conducted in accordance
with the following rules and procedures:
1. All inmates are hereby guaranteed access to this grievance
committee without fear of reprisal. Any attempt to interfere
with the presentation of a grievance before this committee or
any attempt at reprisal will result in severe disciplinary
action.
2. Grievances may be submitted in writing to the Jail office
on the proper form.
3. The Chairman will review all grievances and determine their
appropriateness under this guideline. Complaints considered
inappropriate should be referred to the staff member
Institutional Board or Committee with responsibility for
corrective action. Such referrals should be written and reasons
for the referrals should be given.
Examples: Referral to Chaplain on personal matters not requiring
administrative action.
Referral to Inmate Disciplinary and Adjustment Board
on matters defined in Guideline 100.1.
Referral to Jail Supervisor in all matters not covered
C ~ not covered by existing guidelines.
4. The inmate should receive a written response to his/her
grievance within 48 hours of it's receipt. The response would
include notification of one of the following actions:
A. The grievance will be heard by the committee within 24 hours,
to include date, time and place of hearing.
B. The Grievance has been referred to another Institutional
staff or Board member for action.
C. The Grievance has been rejected as frivolous or unnecessary
In any instance involving a rejection, an automatic appeal to
the Jail Administrator or his designated representative will
be initiated.
5. In instances requiring emergency administrative action,
grievances should be submitted to the Jail Administrator or
his designated representative through the Shift Supervisor.
This procedure is available 24 hours a day, 7 days a week. The
shift supervisor is responsible for determining that an emergency
situation exists and will report any such decision on an incident
report form.
6. inmates will be allowed representation before that committee
or upon appeal. Legal council is not allowed, but staff or
inmate representatives are considered appropriate.
7. The committee may call witnesses required by the inmate
filing the grievance. All witnesses are subject to cross
examination.
8. The inmate filing the grievance may present evidence and
call witnesses to establish the validity of the complaint.
9. The committee's decision will be made by majority vote and
reported in writing to the inmate and Jail Administrator within
24 hours of the hearing. The written text will include:
A. Witnesses Appearing
B. A review of evidence and testimony
C. Recommendations for corrective action and the reasons for
the recommended action.
10. The inmate may appeal the Committee's decision within 3
days of the written reports to the Jail Administrator or his
designated representative. The Jail Administrator his designated
representative must act on an appeal within 48 hours.
11. Corrective action will be implemented upon final approval
by the Jail Administrator or his designated representative
12. Under no circumstances will any record of the grievance
be entered in the inmates file.
13. Routine action should be completed within 3-5 days of
receipt of the grievance.
14. Contested actions (Appeals) should be completed within
5-7 days, but within no more than 9 days from the date of
a
receipt.
15. Inmates should allow one day for delivery of written
grievances.
16. Adequate staff shall be provided to implement the grievance
procedure and to investigate the grievance.
17. Records of all grievances filed shall be maintained,
including investigations conducted, resolutions recommended,
action taken, and failure to implement any recommendation.
l

PROGRESSIVE DISCIPLINE
1. Employers should set out rules of conduct (work rules) and
review all written materials, including handbooks, to make sure
the rules are consistent. RULES SHOULD BE IN WRITING
2. Employers must make rules known to the workers through direct
communications and fair and equitable enforcement. TRAINING
3. Employer disciplinary policies should be applied consistently
and in a nondiscriminatory manner. Worst offenders should be
dealt with first. APPLIED TO ALL
4. The goal of employer discipline should be corrective, not
punitive, and should involve written warnings and probation
or suspension before termination. IMPROVE NOT DESTROY
5. Employers should take time to make an investigation that
includes asking the employee his or her side of the story.
EXPLAINABLE
6. In each disciplinary action, the employer should consider
the employee's past record and length of service. NORMAL
7. The penalty assessed should be reasonable in relation to
the seriousness of the offense and the employee's work record.
REASONABLE
~~ KISD Discipline Management Plan/
Student Code of Conduct '
Purpose
The Kerrville ISD Discipline Management Plan is to support the instructional program by
dealing with student misbehavior in a reasonable and efficient manner. .The core of
student discipline management rests in the interactions between the teacher and students~_
in the classroom or during school sponsored events. Students must respect the authority
of the teacher and the teacher must have high expectations for student behavior and use
appropriate techniques to maintain student attention and self-discipline. Campus;
administrators must support the decisions that teachers make about student discipline as
long as the teachers are following district policies, the KISD Student Code of Conduct,
and campus procedures.
A progressive model of discipline is used. The more often or frequent the student
misbehavior, the more serious the consequence; also, a more serious offense requires a
more severe consequence. The selection of consequence is designed to stop the student
from making poor behavioral choices and promote consistency with all students.
Teachers will generally handle misbehavior in the classroom and principals will handle
misbehavior in their building. More restrictive placements have been designed for veFy
serious or persistent misbehavior. Those placements are the Disciplinary Alternative
School (DAS) and Ken County Juvenile Detention Center (KCJDC). Expulsion from
school is a last resort when the situation warrants.
The Student Code of Conduct is an important component of the KISD Discipline
Management Plan. The purpose of the Student Code of Conduct (SCOC) is to clarify
expectations of student behavior for students, parents, teachers, and administrators in the
Kerrville iSD. Education in this community represents a significant commitment of
financial and human resources. The benefits a student derives from this investment
depends on the student's attitude toward learning and their adherence to high standards of
behavior.
The Student Code of Conduct that follows is the district's specific response to
requirements of Chapter 37 of the Texas Education Code. The law requires that the
district define misconduct that may or must result in a range of specific disciplinary
consequences. This Code is an outgrowth of collaboration among district and campus
staff, parents, and other community members. This Code, adopted by the Board of
Education, provides information and duecrion to students and parents regazding standards
of behavior as well as consequences of misconduct.
Revised August 19, 1997 I
• tit
Introduction
Student discipline is designed to correct misconduct and to encourage all students to
adhere to their responsibilities as citizens of the school community. A student whose
behavior shows disrespect for others, including interference with their access to a public
education and a safe environment will be subject to disciplinary action. Disciplinary
action will draw on the professional judgement of teachers and administrators and on a
range of management techniques. " Disciplinary action will be correlated to the
seriousness of the offense, the students' age and grade .level, the frequency of
misbehavior, the student'$ attitude, the effect of the misconduct on the school
environment, and statutory requirements. Because of these factors, discipline for a
particular offense (unless otherwise specified by law) may warrant consideration of a
variety of techniques.
This SCOC is not an attempt to describe every possible misbehavior. Consequently,
some misbehavior will not be listed in this document, This means that appropriate
consequences will be assessed for behavior listed as well as those riot listed in this
document. For misbehavior clearly not covered in the SCOC, teachers are not required to
report a SCOC violation and the principal is not required to notify parents.
School rules and the authority of the District to administer discipline apply when the
interest of the school is involved on or off school grounds in conjunction with or
independent of classes and school-sponsored activities.
The District has disciplinary authority over a student:
1. During the regular school day and while the student is going to and "from school on
District transportation.
2. While the student is participating in any activity during the school day on school
grounds. •
3. While the student is in attendance at any school-related activity, regardless of time
- or location.
4. For any school-related misconduct, regardless of time or location.
5. When retaliation against a school employee is involved, either on or off school
property. .
„6. When the student commits a felony, as provided by Texas Education Code. _
'7. When criminal mischief is committed on or off school property or at a school-
related event.
8. Within 300 feet of school property when certain offenses are committed.
Revised August 19, 1997 Z
Student misbehavior has an effect on student activities and honorary positions. For some
Level 1 (those denoted by +) and all Level 2lLevel 3 violations, a student shall be
restricted or prohibited from participating in school-sponsored or school-related
extracurricular and noncurriculaz activities until the consequences are fulfilled. For those
Level 1 violations denoted by +, students shall lose and be ineligible to seek or hold
honorary positions for one calendar year. For all Level 2 and Level 3 violations, students
shall lose and be ineligible to seek or hold honorary positions in the KISD.
Parental questions or complaints regarding disciplinary measures taken should be
addressed to the teacher or campus admirustrarion, as appropriate and in accordance with
Board Policy FNG(Local).
1. GENERAL STANDARDS FOR STUDENT CONDUCT
A. Expected Behaviors:
t,.
• Demonstrate courtesy and respect for others.
• Behave in a responsible manner.
• Be truthful with school personnel.
• Attend all classes, regularly and on time.
• Prepaze for each class; take appropriate materials and assignments to
class.
• Be well groomed and dress appropriately (refer to handbook for
specific guidelines) .
• Obey all campus and classroom rules.
• Respect the rights, and privileges of other students and of teachers
and other District staff.
• Respect the properly of others, including District property and
facilities.
• Cooperate with or assist the school staff in rnaintaining safety, order,
and discipline.
• Avoid violations of the Student Code of Conduct.
• Keep parents informed regarding school assemblies, supplies
needed, and written information sent home from the school.

Revised August 19, 1997 3
B. Consequences:
The following discipline management techniques may be used alone or in
combination for Student Code of Conduct and non-Student Code of Conduct
violations:
• Oral correction.
• Cooling-off time or "time-out".
• Seating changes in the classroom.
• Counseling by teachers, counselors, or administrative
personnel.
• Parent-teacher conferences.
• Temporary confiscation of items that disrupt the educational
process.
• Rewards or demerits.
• Behavioral contracts.
• Sending the student to the office or other assigned area or to
in-school suspension. (parents should be notified if the
student is repeatedly referred to the office for misconduct.)
• Detention. (Parents of elementary students should be notified
by telephone, attempt should be made to notify parents of
secondary students; however, it will be the student's
responsibility to give a copy of the discipline referral to the
parents as official notification.)
• Assigned school duties other than class tasks.
• Withdrawal of privileges, such as participation in
extracurricular activities and eligibility for seeking and
holding honorary offices:
• Techniques or penalties identified in individual student
organizations codes of conduct.
• Withdrawing or restricting bus privileges.
• School-assessed and school-administered probation.
• Corporal punishment. (Parent must be notified; not to exceed
3 swats per day; witnessed by another employee and out of
view of other students)
• Referral to outside agency and/or legal authority for criminal
prosecution in addition to disciplinary measures imposed by
the District.
• Other strategies and consequences as specified by the Student
Code of Conduct.
Revised August 19, 1997 4
2. LEVEL 1 MISCONDUCT VIOLATIONS
A. Behaviors:
Students are prohibited from:
• Throwing objects that can cause bodily injury or property
damage.
• Leaving school grounds or school-sponsored events without
permission.
• Leaving school grounds before getting on the bus after school
to go home, or after getting off the bus before going to
school.
• Directing profanity, vulgar language, or obscene gestwes
toward other students or adults.
• Fighting.
+ Stealing from students, staff, or the school.
+ Damaging or vandalizing property owned by others.
(Damage to property in excess of $1500 is felony criminal
mischief which may result in expulsion.)
• Disobeying school rules about conduct on school buses.
+ Hazing.
• Failing to comply with directives given by school personnel.
+ Cormitting extortion, coercion, or blackmail (obtaining
money or another object of value from an unwilling person;
or forcing an individual to act through the use of force or
threat of force.)
+ Committing or assisting in a robbery or theft.
• Name-calling, ethnic or racial slws, or derogatory statements
that school officials have reason to believe will substantially
disrupt the school program or incite violence.
+ Engaging in any misbehavior that gives school officials
reasonable cause to believe that such conduct will
substantially disrupt the school program or incite violence.
+ Engaging in inappropriate physical or sexual contact.
+ Engaging in conduct that constitutes sexual harassment or
sexual abuse whether the conduct is by word, gesture, or any
other sexual conduct, including requests for sexual favors.
• Possessing or using matches or a lighter.
• Possessing, smoking, or using tobacco products.
Revised August 19, 1997 5
• Possessing or selling look-alike drugs or items attempted to
be passed off as drugs and contraband.
• Possessing a paeine device or cellular telephone.
• Behaving in any way that disrupts the school environment or
educational process.
• Violatinc sat'ety rules.
• Violating dress and looming standards.
• Repeatedly violating other communicated campus or
classroom standards of behavior.
• iVlisbehaving at school sponsored activities.
• Excessive tardier. (ftfsC not an option)
• 'T'ruancy. f A£G not an option)
• Loitering in unauthorized areas.
I-larassmendlntimidation.
+ Possession of deice that creates noxious odors.
• Falsification of documents.
• Possession of a permanent marker.
+ Possession of a knife.
* Possession of fireworks.
• Gambling.
+ Copying, removing, altering, damaging, or destroying any
computer, network, or associated technology.
• Possession of stolen property.
• Posting or distributing material without prior approval
+ Any gang related activity (flashing gang signs/gang graffiti)
• Any act that. in the judgement of the Superintendent or his
designee, is not in keeping with the mission of the school
district.
A. Consequences:
Discipline options are at the discretion of the campus administrator.
Level 1 violations will not necessarily result in the formal removal of the
student from class (as defined below] or another placement, but may result
in a routine referral, formal removal, or the application of one oz more
discipline management techniques listed in the previous section with the
following additions:
• Saturday.or Evening School if offered at the c~ntpus.
• ln-school suspension (Students will not he allowed to
participate in extra-cumculaz activities.} ,..~
Rc~iscdAugust {9, [997 _ -i 6
• Out of school suspension. (Not to exceed 3 days for any one
offense, must maintain documentation on attempts to contact
parent, OSS cannot be used for truancy.)
• Restitution.
• Disciplinary Alternative School (DAS). (Serious or
persistent misbehavior.)
• Confiscated paging device-students may be assessed an
administrative fee not to exceed $15.00.
• Contact the police or sheriff's department when the law has
been violated.
Formal Removal Defined:
Formal removal will result if the student's behavior has been
documented by the teacher as repeatedly interfering with the
teacher's ability to teach his or her class or the behavior is so unruly,
disruptsve, or abusive that the teacher cannot teach.
Any removal of a student by a teacher for behavior described in the
SCOC requues that the teacher report the offense to the principal or
appropriate administrator. The principal or appropriate
administrator must send a copy of the report to the student's pazent
or guardian within 24 hours of receiving the teacher's report.
A teacher or administrator must remove a student from class if the
student engages in behavior for which the Education Code requires
Disciplinary Alternative School placement and/or suspension. They
may also remove a student from class for an offense for which a
student may be suspended and/or placed in a Disciplinary
Alternative School.
If the violation results in forntal removal, the principal will schedule
a conference within three school days with _the student's parent, the
teacher, and the student. At the conference, the principal or
appropriate administrator will inform the student of the misconduct
for which they are charged and give the student an opportunity to
give their version of the incident. The principal or appropriate
administrator will notify the student of the consequences of the
Student Code of Conduct violation.
t.,.,;:,
Revised August 19, 1991 7
When a student is removed from the regular classroom and a hearing
is pending, the principal may place a student in:
• Another appropriate classroom.
• In-school suspension.
• Disciplinary Alternative School in which the student
must be separated from other students for the entire
schoo3 program day and will be provided instruction in
the core subjects. Counseling will also be provided to
the student.
When a student has been formally removed from class, the principal
may not return the student to the teacher's class without the teacher's
consent unless the placement review committee determines that the
teacher's class is the best or only alternative available. Long term
placement, more than 10 days, of a special education student can
only be assigned through an ARD.
Parental questions or complaints regarding disciplinary measures
taken should be addressed to the teacher or campus administration,
as appropriate and in accordance with policy.
Re~~sed August 19, 1997 8
3. LEVEL 2 MISCONDUCT VIOLATIONS
A. Behaviors:
Students may be suspended for any reason that also requires placement in a
Disciplinary Alternative School.
1. The Board or an educator will recommend placing students in a
Disciplinary Alternative School who are found to be:
• Involved in gang activity, including participating as a
member or pledge, or soliciting another person to
become a pledge or member of a gang.
• Involved in a public school fraternity, sorority, or
secret society, including participating as a member or
pledge, or soliciting another person to become a pledge
or member of a public school fraternity, sorority, or
secret society.
• Sexual harassment threatening bodily harm.
• Serious fights which disrupt the school environment.
• Continuous violation of the Student Code of Conduct
or campus;ules.
• Interferes or threatens to interfere with the operation of
school or school-sponsored activities.
• Profanity directed at school personnel.
• If the Superintendent or designee has a reasonable
belief that the student has engaged in conduct away
from school which is defined as a felony other than
those set in Title 5 of the Penal Code, and the
Superintendent determines that the continued presence
of the student in the regulaz classroom threatens the
safety of other students or teachers or will be
detrimental to the educational process.
2. A student must be placed in a Disciplinary Alternative School if the
student commits any of the following offenses on school property,
within 300 feet of school property, or while attending a schooi-
sponsored or school-related activity on or off school property, The
student may be suspended pending a hearing for:
Revised August l9, 1997 9
• Committing an assault.
• Assault on aal educator not punishable as a felony
offense (long term DAS defined below)
• Making a terroristic threat.
• Selling, giving, delivering, possessing, using, or being
under the influence of maxi}uana, a controlled
substance, or a dangerous drug, if such conduct is not
punishable as a felony offense. (long term DAS,
KCJDC, or expulsion)
• Selling, giving, delivering, possessing, using, or being
under the influence of an alcoholic beverage;
committing a serious act or offense while under the
influence of alcohol, if such conduct is not punishable
as a felony offense. (long term DAS, KCJDC, or
expulsion)
• Behaving in a manner that contains the elements of an
offense relating to abusable glue or aerosol paint or
relating to volatile chemicals. (long term DAS,
KCJDC, or expulsion)
• Behaving in a manner that contains the elements of the
offense of public lewdness.
• Behaving in a manner that contains the elements of the
offense of indecent exposure.
• Engaging in conduct containing the elements of the
offense of retaliation against any school employee,
unless the act of retaliation is ,itself an expellable
offense. (long term DAS or KCJDC)
• Receiving deferred prosecution for conduct defined as
a felony.
• A court or jury fording of delinquent conduct for
conduct defined as a felony.
• A finding by the ,Superintendent or designee that they
have a reasonable belief that the student has engaged
in conduct defined as a felony offense and the student's
presence in the regulaz classroom threatens the safety
of others or will be detrimental. to the educational
process. The Superintendent or designee shall schedule
a review of the student's placement within three days
of receiving of£cial notice from the law enforcement
agency.
Revised August 19, 1997 10
3. In an,emergency, the principal or the principal's designee may order
the immediate placement of a student in Disciplinary Alternative
School for the following reasons:
• Emergency placement when a student is so unruly,
disruptive, or abusive that the student's presence
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 school or aschool-sponsored
activity. The student will be afforded due process
within a reasonable period of time.
4. A student who exhibits certain conditions or behaviors may be
removed from the regular classroom, campus, or Disciplinary
Alternative School on a welfare removal. Such conditions may
include:
a. Being highly agitated
b. Being under the influence of alcohol or drugs
c. Suffering from any condition that temporarily
threatens the student's welfaze, other individuals
welfare, or the efficient operation of the school.
Students whose behavior warrants welfaze removal will be released
to the student's parent, parent's representative, medical providers, or
law enforcement authorities. The welfare removal will be limited to
no more than one (1) day.
B. Consequences:
Discipline options aze at the discretion of the campus administrator.
1. Out of School Suspension (OSS) up to three days with no limit to
the number of times a student may be suspended in a semester or
school yeaz.
A student who is to be suspended (OSS) will be given an informal
hearing by the principal or appropriate administrator advising the
student of the conduct with which he or she is charged and giving
' the student the opportunity to explain his or her version of the
incident.
Re~~sed August 19, 1997 11
The duuation of a student's OSS suspension, which cannot exceed
three school days will be determined by the principal or other
appropriate administrator.
Suspended students will not be allowed to attend or participate in
school-sponsored or school-related extracurricular and noncurriculaz
activities.
2. Rerribval to a Disciplinary Alternative School
The Board delegates to the Principal the authority to remove a
student to a Disciplinary Altemative School.
The duration of a student's placement iri a Disciplinary Alternative
School will not exceed 180 school days. A student may be assigned
one short term placement in DAS consisting of up to 15 days. If the
student continues to violate the SCOC after returning to the home
campus, or any first offense student in possession or under the
influence of alcohol*, drugs*, or inhatant* (*not punishable as a
felony), an assignment to the DAS until the end of the third six
weeks must be assessed. If the misconduct occurs during the third
six weeks the assignment will be for the remainder of the school
year.
Teacher initiated formal removal from class:
A teacher may remove a student from class for an offense for which
a student may be suspended and/or placed in a Disciplinary
Alternative School. Within three school days of receiving the
Student Code of Conduct violation report, the principal or an
appropriate administrator will schedule a conference with the
student's pazent, teacher, and the student.
Administrator initiated formal removal from school:
An administrator may remove a student and recommend placement
in the Disciplinary Alternative School. The principal or other
appropriate administrator will schedule a conference with the
student's parent and the student.
Revised August 19, 1997 12
Until a conference can be held as a result of a formal teacher
removal or administrator removal, the principal may place a student
in:
• Another appropriate classroom.
• In-school suspension (ISS).
• Out of school suspension (OSS not to exceed 3 days).
At the conference, the principal will explain the allegations against
the student and give the student an opportunity to explain his or her
version of the incident. A decision will then be made by the
principal.
Parental questions or complaints regarding disciplinary measures
taken should be addressed to the teacher or campus administration,
as appropriate and in accordance with policy.
Students assigned to the DAS will not he allowed to participate in
school-sponsored or school-related extracurricular and noncurricular
activities. Seniors assigned to DAS at the end of the school year will
not be allowed to participate in senior activities or the graduation
ceremony.
If placement in a Disciplinary Alternative School extends beyond the
end of the next grading period, the student and/or the student's parent
or guazdian will be given notice and the opportunity to participate in
a proceeding before the Board designee. Any decision made on a
student's appeal by the Boazd's designee may be appealed to the
Superintendent. A student placed in a Disciplinary Alternative
School will be provided a review of the student's status at intervals
not to exceed 120 days. At the review, the student or the student's
parent or guardian must be given the opportunity to present
arguments for the student's return to the regular classroom or
campus. The student may not be returned to the classroom of the
teacher who removed the student without that teacher's consent.
For placement in a Disciplinary Alternative School to extend beyond
the end of the school year, the Board's designee must determine that:
a. The student's presence in the regular classroom or
campus presents a danger of physical harm to students
or others.
Re~~sed August 19, 1997 13
b. The student has engaged in serious or persistent
misbehavior that violates the Student Code of
Conduct.
The juvenile court will notify the District, if:
,΅
1. Prosecution of the student's case was refused for lack of
prosecutorial merit or insufficient evidence and no.formal
proceedings, deferred adjudication, or deferred
prosecution will be initiated; or
2. The court or jury found the student not guilty or made a
fording the child did not engage in delinquent conduct or
conduct indicating a need for supervision and the case was
dismissed with prejudice.
On receipt of the notice mentioned above from the juvenile court,
the Superintendent or designee will review the student's placement
in the DAS. The student may not be returned to the regular
classroom pending the review. The Superintendent or designee will
schedule a review of the student's placement with the student's
parent or guardian not later than the third day after the
Superintendent or designee receives notice from the juvenile court.
After reviewing the notice and receiving information from the
student's parent or guardian, the superintendent or designee may
continue the student's placement in the DAS if there is reason to
believe that the presence of the student in the regular classroom
threatens the safety of other students or teachers. The student or the
student's parent or guardian may appeal the Superintendent's
decision to the 13oazd. The student may not be returned to the
regular classroom pending the appeal.
This appeals process does not apply to placements resulting from
offenses for which the state requires mandatory DAS placement.
The Board will, at the next scheduled meeting, review the notice
`from the juvenile court and receive information from the student, the
student's parent or guazdian, and the Superintendent or designee, and
confirm or reverse the decision of the Superintendent or designee.
The Board will make a record of the proceedings.
Re~~sed August 19, 1997 14
If the Board confirms the decision of the superintendent or designee,
the Board shall inform the student and the student's parent or
guardian of the right to appeal to the Commissioner of Education.
The student may not be returned to the regulaz classroom pending
the appeal.
4. LEVEL 3 MISCONDUCT VIOLATIONS
A. Behaviors:
1. A student may be expelled for:
• Criminal mischief, if punishable as a felony committed on or
off school property or at aschool-related event.
• Serious or persistent misbehavior if a student is already in a
Disciplinary Alternative School and continues to violate the
District's Student Code of Conduct. The District defines
"persistent" as repeatedly and blatantly disregarding rules that
cause serious disruption to the management and safety of self
or others.
• Selling, .giving, delivering, possessing, using, or being under
the influence of marijuana, a controlled substance, or a
dangerous drug, if such conduct is not punishable as a felony
offense. (long term DAS, KCJDC, or expulsion)
• Selling, giving, delivering, possessing, using or being under
the influence of an alcoholic beverage; committing a serious
act or offense while under the influence of alcohol, if such
conduct is not punishable as a felony offense. (long term
DAS, KCJDC, or expulsion)
• Behaving in a manner that contains the elements of an offense
relating to abusable glue or aerosol paint or relating to
volatile chemicals. (long term DAS, KCJDC, or expulsion)
2. A student must be expelled for any of the following offenses if
committed on school property or while attending aschool-sponsored
. or school-related activity on or off school property:
• A firearnr violation, as defined by federal law.
Firearm under fedetal law includes:
1. 'Any weapon (including a starter gun), which
will or is designed to or which may readily be
Revised August l9, 1947 15
	converted to expel a projectile by the action of
	an explosive.
2.	The frame or receiver of any such weapon.
3.	Any firearm muffier or firearm weapon.
4,	Any destructive device, such as any explosive,
	incendiary, or poison gas bomb, or grenade.
• Use, exhibition, or possession of the following, under the
Texas Petal Code:
1.	A firearm.
2.	An illegal knife, such as a knife with a 61ade
	over S% inches; hand instrument, designed to
	cut or stab another by being thrown; dagger,
	it-cluding but not limited to a dirk, stiletto, sad
	poniard; bowie knife; sword; or spear.
3.	A club.
4.	A prohibited weapon, such as an explosive
	weapon; a machine gun; ashort-bagel firearm;
	a firearm silencer; a switchblade knife;
'	knuckles; armor-piercing ammunition; a
	chemical dispensing device; or a zip gun.
• Behavior containing the elements of the following under the
Texas Penal Code:
1.	Aggravated assault, sexual assault, or
	aggravated sexual assault.
2.	Arson.
3.	Murder, capital murder, or criminal attempt to
	commit murder.
4.	Indecency with a child.
5.	Aggravated kidnapping.
6.	Behavior related to an alcohol, drug, or volatile
	chemical offense that could be punishable as a
	felony.
7.	Retaliation against a school employee combined
	with one of the above•listed offenses on or off
	school property or at aschool-related activity.
~•
When a student engages in any violation listed in this section, the
school district shall inform each of the students teachers of the
violation.
Revistd August 19, 1997 ~ ~ 16
3. Emergency Expulsion:
The principal or the principal's designee may order the immediate
expulsion of a student when people or property are in imminent
harm.
B. Consequences:
The Board delegates to the superintendent or superintendent's designee dte
authority to expel students except those under the age of 10. If a student
under the age of ten engages in expellable conduct, the student shall be
assigned to a long term DAS setting.
The principal will schedule a hearing within a reasonable time with the
student's parents, the teacher, and the student. After the hearing, the parent
will be notified inwriting of the recommended expulsion. A certified letter
will be sent to the parent advising them of their right to appeal the
expulsion recommendation to the superintendent.
Until a hearing can be held, the principal may place the student in:
• Another appropriate classroom.
• In-school suspension.
• Out-of-school suspension. (Not to exceed three days)
• Disciplinary Alternative School.
A student facing expulsion will be given appropriate due process as
required by the federal constitution. The student is entitled to:
A. The right to an adult representative who is not a District
employee or legal counsel who can provide guidance to the
student.
B. An opportunity to testify and to present evidence and
witnesses in the student's defense.
C. An opportunity to question the District's witnesses.
The following notifications are required:
A. The Board's designee must deliver, not later than the second
business day after a hearing, s copy of the order expelling a
student to the authorized officer of the juvenile court in the
county in which the student resides.
Revised August 19, 1997 17
B. The principal or designee must report to the school districCs
police, city police, or county sheri$ stndeats suspected of
criminal misconduct on school property ~ at school
sponsored or school related activities.
C. The Board's designee must deliver to the parent or guardian a
copy of the order expelling a student.
D. The district must inform each teaches of the shmdeat being
expelled of his offense. The teachers must keep such
information confidential.
The duration of an expulsion mmsually will not exceed a calendar year;
however, tmusual circumstances may result in a longer expulsion.
Expelled students are prohibited from being on school grounds or attending.
school-sponsored or school-related activities during the period of
expulsion.
Stmmdents that have been expelled from another district will not be allowed
to attend school in Kerrville ISD mmtil the terms of expulsion assigned by
the previous district have been fulfilled.
No District academic credit will be earned for work missed during the
period of expulsion (unless the student is enrolled in Kerr County Juvenile
Jmmstice Center).
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.
When sa emergency expulsion occurs, the student will be given oral notice
of the reason for the action. Within a reasonable amount of time after the
emergency expulsion, the student will be given appropriate due process
required for a student facing expulsion. If emergency expulsion involves a
student with disabilities who receives special education services, the term
of the student's emergency expulsion is subject to the requirements of
federal law. ~
Revised Auguu 19, 1997 18
2.7 Consider and discuss
presentation to imdify
existing county employee personnel manuals
to include an employee grievance
procedure
March 23, 1998
Vol V Page 600