A teacher may permanently remove a student, based on a single incident, from the classroom who:

1. repeatedly interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn;
2. demonstrates behavior that is unruly, disruptive, or abusive toward the teacher, another adult, or another student; or
3. engages in conduct that constitutes bullying, as defined by TEC, §37.0832.

Includes all felony activities that are not otherwise more specifically defined or included as a behavior that requires a mandatory expulsion action.

TEC, §37.006(d), specifies for felony conduct that occurs off campus and not at a school activity, a student can be given a disciplinary assignment, if the superintendent or the superintendent's designee has a reasonable belief that the student has engaged in conduct defined as a felony offense, other than aggravated robbery or Title 5 offenses, and the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.

Penal Code, §21.07, defines public lewdness as when a person knowingly engages in any of the following acts in a public place or, if not in a public place, is reckless about whether another is present or will be offended or alarmed by:

1. an act of sexual intercourse;
2. act of deviate sexual intercourse;
3. act of sexual contact; or
4. act involving contact between the person's mouth or genitals and the anus or genitals of an animal or fowl.

Penal Code, §21.08, defines indecent exposure as an offense when a person exposes his anus or any part of his genitals with intent to arouse or gratify the sexual desire of any person, and he is reckless about whether another is present who will be offended or alarmed by his act.

A student who commits an off-campus Title 5 felony must be removed from their regular education program and placed in a DAEP if:

1. the student receives deferred prosecution for conduct and the conduct is defined as a Title 5 felony of the Penal Code;
2. a court or jury finds that the off-campus conduct engaged in by the student constitutes delinquent conduct and is defined as a Title 5 felony of the Penal Code; or,
3. the superintendent or the superintendent's designee has a reasonable belief that the student engaged in conduct is defined as a Title 5 felony of the Penal Code.

Title 5 felonies are offenses against a person (Penal Code, Chapter 19 – Chapter 22) and include but are not limited to: murder; capital murder; manslaughter; criminally negligent homicide, unlawful restraint, kidnapping, aggravated kidnapping, smuggling of persons, trafficking of persons, continuous sexual abuse of a young child or disabled individual, bestiality, indecency with a child; invasive visual recording, unlawful disclosure or promotion of intimate visual material, sexual coercion, felony assault, sexual assault, aggravated assault, aggravated sexual assault, injury to a child, elderly individual, or disabled individual, abandoning or endangering a child, deadly conduct, terroristic threat, and tampering with a consumer product.

A student who commits an off-campus non-Title 5 felony may be removed from their regular education program and placed in a DAEP if:

1. the superintendent or the superintendent's designee has a reasonable belief that the student has engaged in conduct defined as a felony offense other than those defined in Title 5, Penal Code; and
2. the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process.

Penal Code, §46.02, Unlawful Carrying of Weapon, defines this offense as intentionally, knowingly, or recklessly carries on or about a person a location-restricted knife; is younger than 18 years of age at the time of the offense; and is not:

1. on the person's own premises or premises under the person's control;
2. inside of or directly in route to a motor vehicle or watercraft that is owned by the person or under the person's control; or
3. under the direct supervision of a parent or legal guardian.

Penal Code, §46.01, defines a Location-Restricted Knife as a knife with a blade over 5.5 inches.

Penal Code 46.05 defines a prohibited weapon as one of the following:

1. an explosive weapon (Penal Code 46.01(2))
2. a machine gun (Penal Code 46.01(9))
3. armor-piercing ammunition (Penal Code 46.01(12))
4. a chemical dispensing device (Penal Code 46.01(14))
5. a zip gun (Penal Code 46.01(16))
6. a tire deflation device (Penal Code 46.01(17))
7. an improvised explosive device (Penal Code 46.01(19))

Penal Code, §28.02, defines arson as when a person starts a fire or causes an explosion with intent to destroy or damage any vegetation, fence, structure, open-space land, building or vehicle knowing that it is within the limits of an incorporated city or town, it is insured, it is subject to mortgage, or it is located on property belonging to another.

Penal Code, §19.02, defines murder as when a person intentionally or knowingly causes the death of another person, intends to cause serious bodily injury and commits an act clearly dangerous to human life, or commits or attempts to commit a felony and in the course thereof commits an act clearly dangerous to human life that causes the death of an individual.

Penal Code, §19.03, defines capital murder as murder of a peace officer or fireman, murder during the commission of kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction or retaliation, or murder for remuneration.

Penal Code §15.01, defines criminal attempt as when a person, with specific intent to commit an offense, does the act amounting to more than mere preparation but fails to affect the commission of the offense intended.

Penal Code, §21.11, defines indecency with a child as when a person, with a person younger than 17 years, engages in sexual contact with a student or exposes his anus or any part of his genitals knowing the student is present with intent to arouse or gratify the sexual desire of any person.

Penal Code, §20.04, defines aggravated kidnapping as when a person intentionally or knowingly abducts another person with intent to hold him for ransom, use him as a hostage, facilitate the commission of a felony, afflict bodily injury on him or abuse him sexually, terrorize him or a third person, or interfere with the performance of any governmental or political function.

This category includes bullying, harassment, and making hit lists (TEC §37.001) and reasons not specifically identified in TEC Chapter 37 that are adopted by the local school board and itemized and identified in the local Student Code of Conduct.

A student may be expelled under TEC, §37.007(f), for conduct that contains the offense of criminal mischief if that conduct is punishable as a felony. Otherwise, the most severe action that may be taken would be placement in a DAEP.

Penal Code, §28.03, defines criminal mischief as when a person intentionally or knowingly damages or destroys the tangible property of the owner or tampers with the tangible property of the owner causing a pecuniary loss or substantial inconvenience. A felony under this section occurs when damage exceeds $1,500.

Penal Code, §28.03(h) states criminal mischief is a state jail felony if the pecuniary loss is $750 or more but less than $30,000 and the damage is inflicted on a public or private elementary school, secondary school, or institution of higher education.

The use of this code is limited to reasons for which placement in a DAEP or expulsion may be made on a non-emergency basis. Not later than the tenth day after the date of the placement or expulsion, the student shall be awarded the appropriate due process as required under TEC, §37.009.

Emergency DAEP Placement: Authorized when the principal or their 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 or with the operation of school or a school-sponsored activity.

Emergency Expulsion: Authorized when the principal or their designee reasonably believes that the immediate expulsion of the student is necessary to protect persons or property from imminent harm.

Penal Code, §22.07, defines a terroristic threat if a person threatens to commit any offense involving violence to any person or property with the intent to:

1. cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
2. place any person in fear of imminent serious bodily injury;
3. prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, aircraft, automobile, or other form of conveyance; or
4. cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service.

A person who receives a terroristic threat must not only believe the threat but also believe that the person making the threat will carry it out.

Penal Code, §22.01(a)(1), defines assault as when a person intentionally, knowingly, or recklessly causes bodily injury to another person. For purposes of this reason, an assault must involve a victim and a perpetrator(s) and the victim must receive bodily injury.

Penal Code, §22.01(a)(1), defines assault as when a person intentionally, knowingly, or recklessly causes bodily injury to another person. An assault must involve a victim and a perpetrator(s) and the victim must receive bodily injury. Two or more students cannot assault each other.

Penal Code, §22.02 defines aggravated assault as an offense as defined in §22.01 if the person causes serious bodily injury to another, including the person's spouse, or uses or exhibits a deadly weapon during the commission of the assault.

For Behavior '29', there must be a victim(s) and a perpetrator(s). Two persons cannot commit aggravated assault against each other.

Penal Code, §22.02, defines aggravated assault as an offense as defined in §22.01 if the person causes serious bodily injury to another or uses or exhibits a deadly weapon during the commission of the assault. There must be a victim(s) and a perpetrator(s). Two persons cannot commit aggravated assault against each other.

Penal Code, §22.011, defines sexual assault as when a person intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means without that person's consent, or causes penetration of the mouth by the sexual organ of the actor without consent.

Penal Code, §22.021, defines aggravated sexual assault as any of the offenses under §22.011 if the person causes serious bodily injury or attempts to cause the death of the victim, places the victim in fear of death or kidnapping, uses or exhibits a deadly weapon, or acts in concert with another, or commits sexual assault on a person younger than 14 or 65 years of age or older.

Same legal definitions as Behavior Code 31 above (Penal Code, §§22.011 and 22.021), applied when the victim is not a school district employee or volunteer.

Penal Code, §42.06, defines False Alarm or Report as knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that the person knows is false or baseless and that would ordinarily:

1. cause action by an official or volunteer agency organized to deal with emergencies;
2. place a person in fear of imminent serious bodily injury; or
3. prevent or interrupt occupation of a building, room, place of assembly, or aircraft, automobile, or other mode of conveyance.

Health and Safety Code, §481.002(5), defines a controlled substance as a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4. The term does not include hemp or tetrahydrocannabinols in hemp.

Fighting is defined as two or more persons who choose to mutually engage in physical combat using blows or force to strive to overcome the other person(s). All involved people consented to the fight through their actions and the fight did not result in serious bodily injury to anyone. It is a consensual fight on equal terms.

Penal Code, §19.04 defines manslaughter as a person commits an offense if the person recklessly causes the death of an individual.

Penal Code, §19.05 defines criminally negligent homicide as a person commits an offense if he causes the death of an individual by criminal negligence.

Penal Code, §6.03(d), defines criminal negligence as when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur, and the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise.

Penal Code §22.05, defines deadly conduct as when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury, or a person knowingly discharges a firearm at or in the direction of:

1. one or more individuals; or
2. a habitation, building, or vehicle and is reckless as to whether the habitation, building, or vehicle is occupied.

Recklessness and danger are presumed if the actor knowingly pointed a firearm at or in the direction of another whether or not the actor believed the firearm to be loaded.

Applicable to a student who registered as a sex offender on or after September 1, 2007, and is under any form of court supervision, including probation, community supervision, or parole.

Applicable to a student who registered as a sex offender on or after September 1, 2007, and is not under any form of court supervision.

Penal Code, §21.02, defines this offense as during a period of 30 or more days, the person commits two or more acts of sexual abuse, and at the time of the acts: the actor is 17 years of age or older and the victim is younger than 14 years of age, or the victim is a disabled individual.

Penal Code, §33.02, defines breach of computer security by a person who knowingly, without consent, accesses a computer, computer network, or computer system owned by or operated by a school system, and knowingly alters, damages, or deletes school district property or information, or commits a breach of any other computer, computer network, or computer system.

TEC §37.007(c) defines serious misbehavior in a DAEP as:

1. deliberate violent behavior that poses a direct threat to the health or safety of others;
2. extortion, meaning the gaining of money or other property by force or threat;
3. conduct that constitutes coercion, as defined by Penal Code, §1.07;
4. conduct that constitutes the offense of: (a) public lewdness under Penal Code, §21.07; (b) indecent exposure under Penal Code, §21.08; (c) criminal mischief under Penal Code, §28.03; (d) personal hazing under TEC, §37.152; or
5. harassment under Penal Code, §42.07(a)(1), of a student or district employee.

TEC, §37.0052(b), defines bullying behavior as:

1. engages in bullying that encourages a student to commit or attempt to commit suicide;
2. incites violence against a student through group bullying; or
3. releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student's consent.

§481.002 Health and Safety Code, defines Controlled Substance as a substance, including a drug, an adulterant, and a dilutant, listed in Schedules I through V or Penalty Group 1, 1-A, 1-B, 2, 2-A, 3, or 4.

To be used when a student who is enrolled in a grade level below grade three or a student experiencing homelessness engages in conduct, while on school property or while attending a school-sponsored or school-related activity on or off of school property, that threatens the immediate health and safety of other students in the classroom.

To be used when a student who is enrolled in a grade level below grade three or a student experiencing homelessness engages in documented conduct, while on school property or while attending a school-sponsored or school-related activity on or off of school property, that results in repeated or significant disruption to the classroom.

§161.081, Health and Safety Code, defines E-Cigarette as an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances, or a consumable liquid solution or other material aerosolized or vaporized during use.

The student receives deferred prosecution under Family Code, §53.03, for conduct defined as the offense of disorderly conduct involving a firearm, defined as intentionally or knowingly discharging a firearm in a public place other than a public road or a sport shooting range; or displaying a firearm or other deadly weapon in a public place in a manner calculated to alarm.

A student alone or in concert with others, intentionally engages in disruptive activity on the campus or property of any private or public school. TEC, §37.123, defines disruptive activities as:

1. obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without authorization;
2. seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;
3. preventing or attempting to prevent by force or violence a lawful assembly authorized by the school administration;
4. disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or
5. obstructing or restraining the passage of a person at an exit or entrance to the campus or property without authorization.

While on school property or on public property within 500 feet of school property, alone or in concert with others, intentionally disrupts classes or other school activities by:

1. emitting noise of an intensity that prevents or hinders classroom instruction;
2. enticing or attempting to entice a student away from a class or other school activity that the student is required to attend;
3. preventing or attempting to prevent a student from attending a class or other school activity; and
4. entering a classroom without consent of either the principal or the teacher and, through acts of misconduct or the use of loud or profane language, disrupting class activities.

Penal Code, §20.03 defines kidnapping as a person intentionally or knowingly abducts another person. Penal Code, §20.01 defines abducts as to restrain a person with intent to prevent his liberation by secreting or holding him in a place where he is not likely to be found, or using or threatening to use deadly force.

A person, alone or in concert with others, intentionally engages in disruptive activity by exhibiting, using, or threatening to exhibit or use a firearm on the campus or property of any private or public school.

Penal Code, §36.06, defines the offense of retaliation as when a person intentionally or knowingly harms or threatens to harm another by an unlawful act in retaliation for or on account of the service of another as a public servant, witness, prospective witness, informant, or a person who has reported or who the actor knows intends to report the occurrence of a crime.

Penal Code, §42.07, defines harassment as a person, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, who:

1. initiates communication and makes a comment, request, suggestion, or proposal that is obscene;
2. threatens bodily injury or committing a felony against the person or member of their family;
3. conveys a false report that another person has suffered death or serious bodily injury;
4. causes another's telephone to ring repeatedly or makes repeated anonymous communications;
5. makes a telephone call and intentionally fails to hang up;
6. knowingly permits a telephone under the person's control to be used by another to commit an offense;
7. sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;
8. publishes on an Internet website repeated electronic communications in a manner reasonably likely to cause emotional distress; or
9. tracks or monitors the personal property or motor vehicle of another person without effective consent.

Penal Code, §30.02, defines burglary as a person, without the effective consent of the owner, enters a habitation or building not open to the public with intent to commit a felony, theft, or an assault; or remains concealed with intent to commit a felony, theft, or assault; or enters a building or habitation and commits or attempts to commit a felony, theft, or assault.

Penal Code, §29.02, defines robbery as a person in the course of committing theft who intentionally, knowingly, or recklessly causes bodily injury to another, or intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

Penal Code, §29.03, defines aggravated robbery as robbery where the person causes serious bodily injury to another, uses or exhibits a deadly weapon, or causes bodily injury to a person who is 65 years of age or older, or a disabled person.