Consequences

Community Service

As part of disciplinary action, the principal or principal's designee may, at his/her discretion, require a student to perform school community service on school grounds. Such service may include, but is not limited to, school outdoor beautification, campus betterment, and school library organization. School-based community service as a disciplinary option is not available to students who have been suspended pending expulsion.

Detention

Detention may be held on each day during school for up to eight hours. Students who serve detention must make arrangements to be picked up from school. Parents may request in person a delay of the detention; no phone calls or notes will be accepted. There are two types of detention: school and Saturday.

School Detention

• 1. Students will bring materials to work on-homework or books to read from the library; only school acceptable materials are permitted. Classroom materials may be sent by a teacher.
• 2. Students will not be permitted to go to their lockers during detention; all materials must be brought to the detention room when reporting.
• 3. Sleeping is not permitted.
• 4. Do not address staff, teachers, or other students.
• 5. Students should use the restroom before detention starts and be prepared to stay in the detention room for the entire length of time, except during an emergency.
• 6. Students will follow all rules concerning classroom behavior. Failure to comply will mean suspension from school.
• 7. Any student assigned to the detention room must stay the entire time. Students refusing to sit their time will be suspended from school.
• 8. Detention time will be assigned within forty-eight hours of the Dean of Student Culture meeting with the student. This allows the parent time to make transportation arrangements.
• 9. Students placed on after school detention will not be permitted to participate in any extracurricular activities that day.
• 10. If a student arrives at the detention room five minutes after designated time without a confirmed excuse, the student will not be allowed into the detention room, and the miss will be considered unexcused. This will result in one day out of school suspension, and the student will be required to make up the detention.
• 11. If a student does not turn in a Parent Notification Form on the due date without a confirmed excuse, he or she will have another after school detention.

Saturday Detention

Saturday detention serves as an alternative to in-school suspension for violation of school rules, and prevents students from losing instruction time. During the hours of detention, students work to increase academic skills, engage in activities to improve self-concept, and address discipline issues.

Students who attend Saturday detention may receive academic assistance and may be given the opportunity to do homework, make-up or remedial work, under the supervision of a teacher. Each student may be given a behavior modification packet which may help students to understand their misbehavior through introspection. This counseling will guide students toward acceptable behavior alternatives through goal setting exercises. Students may also do some physical exercises during detention.

Written notification of a Saturday detention is sent home with the student. This notification lists the cause for and date of the detention. The only acceptable excuse for not attending a Saturday detention is a verified (doctor’s note) illness of the student.

Rules

• 1. Saturday Detention will be held at the campus designated time and on school grounds. Parents are expected to provide transportation to and from detention, and students are required to wear their school uniforms. Should a student arrive late for a Saturday Detention without a note for an “emergency excuse,” he or she will be assigned the next scheduled Saturday Detention. A second late arrival to an assigned Saturday Detention will result in out-of-school suspension beginning on the following Monday, plus attendance at the next Saturday Detention.
• 2. If an emergency arises and the student cannot attend, the parent must contact the Dean of Student Culture. If the reasons are acceptable, the detention will be rescheduled. If a student does not participate in scheduled Saturday detention without any confirmed excuse, the student will receive one day out of school suspension plus attendance at the next scheduled Saturday detention.
• 3. Students left at the school after 12:30 p.m. will be unsupervised. The school is not responsible for students who are left after 12:30 p.m.
• 4. Students may be asked to bring appropriate materials with which to work.
• 5. No radios, food, beverage, candy, comic books, etc. allowed during Saturday detention.
• 6. Students will be expected to work the entire time while at Saturday detention. Any student not working will be removed from the detention and referred to the Dean of Student Culture. Any student acting disruptively will be removed from Saturday Detention and be referred to the Dean of Student Culture for further disciplinary action. Parents will be notified regarding the infraction immediately.
• 7. No student is permitted to sleep during Saturday Detention.
• 8. If a student does not turn in Parent Notification form on the due date without any confirmed excuse, he or she will have another Saturday Detention.

Failure to follow these guidelines may result in one day of out of school suspension, plus attendance at the next scheduled Saturday Detention or any other Level I offense.

Suspension

The school utilizes two kinds of suspension: in school suspension and out of school suspension.

In School Suspension

The following rules and regulations apply to all students assigned to in school suspension.

• 1. Students must report to the detention room at the start time of the school day. Students arriving 5 minutes after the start time will be counted as absent. In school suspension will be run from the first bell until dismissal time.
• 2. Students must report to the detention room by the time specified by the campus. Students arriving 5 minutes after the specified time will be counted as absent. In school suspension will run from the specified time until dismissal time.
• 3. Students will bring materials to work on, including an in-school suspension assignment with their teachers’ names, subjects, and assignments. Students are responsible for obtaining assignments from each teacher.
• 4. Students must sign in when reporting to the detention room, and sign out when the suspension period is over. Students may not leave the detention room without permission from the Dean of Student Culture. Without Dean of Student Culture permission, a student cannot go out of the detention room. Students are to keep the detention room clean.
• 5. No talking or conversations. Students must be seated at all times. No physical contact of any kind between students is allowed.
• 6. Students will not be permitted to go to their lockers. All materials must be brought to the room when reporting.
• 7. Students will not be permitted to go to lunch. They will have their lunch in the detention room. Students may not bring food or drink into the detention room other than lunch time.
• 8. No disruptive behavior will be allowed.
• 9. Unexcused absences from suspension will be referred to the Dean of Student Culture.
• 10. No visits by parents, relatives or other students are allowed.
• 11. Sleeping is prohibited.
• 12. Transportation to the in-school suspension site is the responsibility of the student and his or her parent(s). Transportation arrangements must be made prior to arrival at the site. Telephones are not available for student use.
• 13. Students must abide by the provisions of this Handbook and the Student Code of Conduct during their suspension period.
• 14. A student who misses a scheduled in school suspension without a confirmed excuse will be assigned one day out of school suspension. The missed in school suspension period will be rescheduled. If a student misses more than one scheduled in school suspension without a confirmed excuse, he or she may be subject to expulsion.

Failure to follow these guidelines will be reported to the Dean of Student Culture for further action, which may include up to three days of out of school suspension or any other level me offense.

Out of School Suspension

Notice of suspension and the reasons for the suspension will be given to the student by the Dean of Student Culture after a discipline committee meeting. The student shall receive credit for work missed during the period of suspension if the student makes up work missed during the period of suspension within the same number of school days the student was absent on suspension.

In addition to the above list of Code of Conduct violations, the Discipline Committee and/or Principal have the authority to suspend a student for a period of up to four school days for any of the following additional reasons:

• 1. The need to further investigate an incident, A
• 2. recommendation to expel the student, or
• 3. An emergency constitutes endangerment to health or safety.

Special Rules for Suspensions Involving Homeless Students

Harmony Public Schools may not place a student who is homeless in out-of-school suspension unless the student engages in the following conduct while on school property or while attending a school-sponsored or school-related activity on or off of school property:

• 1. Unlawful possession of a firearm or other weapon;
• 2. Assault, sexual assault, aggravated assault, or aggravated sexual assault; or
• 3. Selling, giving, or delivering to another person or possessing, using, or being under the influence of any amount of marijuana or a controlled substance, a dangerous drug, or an alcoholic beverage.

Emergency Placement

If the Principal or designee reasonably believes a student’s behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher’s ability to communicate effectively with students in a class, with the ability of a student’s classmates to learn, or with the operation of the school or a school-sponsored activity, the Principal or designee may order immediate removal of the student. Immediate suspension may be imposed by a Principal or designee if they reasonably believe such action is necessary to protect persons or property from imminent harm. At the time of such an emergency removal, the student will be given verbal notice of the reason for the action and appropriate hearings will be scheduled within a reasonable time after the emergency removal.

Removal from School Transportation

A student being transported by Harmony Public Schools’ transportation to or from school or a school-sponsored or school-related activity may be removed from a school vehicle for conduct violating the school’s established standards for conduct in a school vehicle.

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Disciplinary Process

Decisions regarding expulsion, placement in an alternative setting, or suspension shall be made after careful consideration of the facts and circumstances of each case. Factors that may be taken into account include, but are not limited to: the seriousness of the misconduct, the student’s age, grade level, disability status, prior discipline history, intent or lack of intent, self-defense, health and safety concerns, the student’s status as homeless or in foster care, the potential impact on the educational environment, and the academic value of alternative discipline options such as in-school suspension. Administrators may also consider other appropriate or mitigating factors as necessary to ensure a fair and equitable decision.

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Conferences, Hearings and Appeals

All students are entitled to conferences, hearings, and/or appeals of disciplinary matters as provided by state and federal law and school policy.

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Process for Suspensions Lasting Under Five Days

Prior to suspending a student for fewer than five days, the Principal or designee must attempt to hold an informal conference with the student to:

• 1. Notify the student of the accusations against him/her,
• 2. Allow the student to relate his or her version of the incident, and
• 3. Determine whether the student’s conduct warrants suspension.

If the Principal or designee determines the student’s conduct warrants suspension during the school day for fewer than five days, the Principal or designee will make reasonable effort to notify the student’s parent(s) that the student has been suspended before the student is sent home. The Principal or designee will notify a suspended student’s parent(s) of the period of suspension, the grounds for the suspension, and the time and place for an opportunity to confer with the Principal.

A student shall receive credit for work missed during the period of suspension if the student makes up work missed during the period of suspension within the same number of school days the student was absent on suspension.

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Process for Out-of-School Suspensions Five Days and Over and Expulsion

When the Discipline Committee and/or the Principal determine that a student’s conduct warrants suspension for five days or more or expulsion, but prior to taking such action, the Principal or designee will provide the student’s parent(s) with written notice of:

• 1. The reasons for the proposed disciplinary action; and
• 2. The date and location for a hearing before the Principal, within five school days from the date of the recommended disciplinary action.

The notice shall further state that, at the hearing, the student:

• 1. May be present;
• 2. Shall have an opportunity to present evidence;
• 3. Shall be apprised and informed of the school’s evidence;
• 4. May be accompanied by his or her parent(s); and
• 5. May be represented by an attorney.

The school shall make a good faith effort to inform the student and the student’s parent(s) of the time and place for the hearing, and the school shall hold the hearing regardless of whether the student, the student’s parent(s) or another adult representing the student attends. The Principal may audio record the hearing.

Within 48 hours or two school days, whichever is later, following the hearing, the Principal will notify the student and the student’s parent(s) in writing of his or her decision. The decision shall specify:

• 1. The length of the suspension or expulsion, if any;
• 2. The right to appeal the Principal’s decision to the Area Superintendent.

The notice shall also state that failure to timely request such a hearing constitutes a waiver of further rights in the matter, and that disciplinary consequences will not be deferred pending the outcome of an appeal of an extended suspension or expulsion decision.

Withdrawal During Expulsion Process

If a student’s conduct requires or permits expulsion and the student withdraws from Harmony Public Schools before the expulsion hearing takes place, the school shall proceed with the expulsion hearing after sending written notice to the parent and student. If the expulsion process is not completed, the case will remain active and may continue if the student applies to re-enroll in Harmony during the same school year.

Appeal to the Area Superintendent

The student or his or her parent(s) may appeal an extended suspension or expulsion decision to the Area Superintendent by notifying the Principal in writing within seven calendar days of the date of receipt of the Principal’s decision. The Area Superintendent will review the audio or transcribed record from the hearing before the Principal and notify the student and his or her parent(s) of the appeal decision, in writing, within ten calendar days of the date of the appeal.

Appeal to the Superintendent of Schools

The student or his or her parent(s) may appeal the extended suspension or expulsion decision to the Superintendent of Schools by notifying the Area Superintendent in writing within seven calendar days of the date of receipt of the Area Superintendent's decision. The Superintendent of Schools will review the audio or transcribed record from the hearing before the hearing officer, review the complete file including the Area Superintendent's decision, and notify the student and his or her parent(s) of the appeal decision, in writing, within 10 calendar days of the appeal.

Appeal to the Board of Directors

The student or his or her parent(s) may appeal the extended suspension or expulsion decision to the Board of Directors by notifying the Superintendent in writing within seven calendar days of the date of receipt of the Superintendent’s Appeal Decision.

The student or parent will be notified in writing of the date of the meeting at which the Board of Directors will consider the disciplinary consequence.

The Board will review the disciplinary administrative record and any audio recording or transcribed record from the hearing before the Principal and the appeal decisions of the Area Superintendent and the Superintendent of Schools. The matter will be considered during a regular or special called meeting in closed session as permitted by the Texas Open Meetings Act. The student and/or parent and the administration may also present written comments for consideration by the Board of Directors. If the student and/or parent or the administration choose to submit written comments, such comments must be presented no later than seven calendar days before the Board meeting at which the expulsion appeal will be considered.

If, after considering the appeal and the appeal decisions given at the previous levels, and the records from the hearing and written comments submitted for the Board of Directors’ consideration, if any, the Board of Directors desires to hear oral presentations the Board of Directors may, at its discretion, require the appearance of the student or parent and administration in a future board meeting. The Superintendent of Schools or designee shall inform the student or parent of the date, time, and location of the meeting and the Board may set a reasonable time limit for oral presentations.

The Board of Directors shall communicate its decision, if any, orally or in writing, at any time up to and including the next regularly scheduled Board meeting after considering the expulsion appeal, provided that if the Board of Directors decides to hear oral presentations the Board of Directors shall communicate its decision, if any, orally or in writing, at any time up to and including the next Board meeting after hearing the oral presentations. The failure of the Board to act on the expulsion appeal has the effect of upholding the last decision below. The Board may not delegate its authority to issue a decision, and any decision by the Board of Directors is final and may not be appealed. The Board or designee shall inform the student or parent appealing of the Board’s decision in writing.

Discipline consequences will not be deferred pending the outcome of an appeal of an expulsion to the Board of Directors.

Except when required by law, students will not earn academic credit during a period of expulsion.

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Placement of Students with Disabilities

All disciplinary actions regarding students with disabilities shall be conducted in accordance with the most current federal and state laws.

A student with a disability shall not be excluded from his or her current placement for disciplinary reasons for more than ten days without ARD Committee action to determine appropriate services in the interim and otherwise in accordance with applicable law. If a special education due process appeal to a TEA special education hearing officer is made, the student with a disability shall remain in the then current education setting in place at the time such appeal is noticed to Harmony Public Schools, unless the school and the student’s parent(s) agree otherwise.

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Gun-Free Schools Act

In accordance with the Gun-Free Schools Act, the school shall expel, from the student’s regular program for a period of one year, any student who is determined to have brought a firearm, as defined by federal law, to school. The Principal may modify the term of expulsion for a student or assess another comparable penalty that results in the student’s expulsion from the regular school program on a case-by-case basis.

For the purposes of this law, “firearm” means:

• Any weapon – including a starter gun – which will, or is designed to, or which may readily be converted to expel a projectile by the action of an explosive from the frame or receiver of any such weapon;
• Any firearm muffler or firearm silencer;
• 3. Any destructive device.; “Destructive device” means any explosive, incendiary or poison gas bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than 1/4-ounce, device similar to any of the preceding described devices. It also means any type of weapon – other than a shotgun shell or a shotgun that is generally recognized as particularly suitable for sporting purposes – by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than 1/2 inch in diameter; and any combination of parts either designed or intended for use in converting any device into a destructive device as described, and from which a destructive device may be readily assembled.

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Glossary

The glossary provides legal definitions and locally established definitions and is intended to assist in understanding terms related to the Student Code of Conduct.

Abuse is improper or excessive use.

Abusable Volatile Chemical Offense, as defined by Health and Safety Code § 485.001 and 485.031. No student shall inhale, ingest, apply, use, or possess an abusable volatile chemical with intent to inhale, ingest, apply or use any of these in a manner:

• 1. Contrary to the directions for use, cautions, or warnings appearing on a label of a container of the chemical; and
• 2. Designed to affect the central nervous system, create or induce a condition of intoxication, hallucination, or elation, or change, distort, or disturb the person’s eyesight, thinking process, balance, or coordination.

No student shall knowingly deliver to a person younger than 18 an abusable volatile chemical. Health and Safety Code § 485.032

No student shall knowingly use or possess with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the human body an abusable volatile chemical. No student shall knowingly deliver, sell, or possess with intent to deliver or sell inhalant paraphernalia knowing that that person who receives it intends to use it to inhale, ingest, apply, use, or otherwise introduce into the human body an abusable volatile chemical. Health and Safety Code § 485.033

Armor-piercing ammunition is handgun ammunition used principally in pistols and revolvers and that is designed primarily for the purpose of penetrating metal or body armor.

Arson is defined by Texas Penal Code § 28.02 and occurs when a person starts a fire, regardless of whether the fire continues after ignition, or causes an explosion with intent to destroy or damage:

• • Any vegetation, fence, or structure on open-space land; or
  • Any building, habitation, or vehicle:

• • Knowing that it is within the limits of an incorporated city or town,
  • Knowing that it is insured against damage or destruction,
  • Knowing that it is subject to a mortgage or other security interest,
  • Knowing that it is located on property belonging to another,
  • Knowing that it has located within it property belonging to another, or
  • When the person starting the fire is reckless about whether the burning or explosion will endanger the life of some individual or the safety of the property of another.

Arson also occurs when a person:

• • Recklessly starts a fire or causes an explosion while manufacturing or attempting to manufacture a controlled substance and the fire or explosion damages any building, habitation, or vehicle; or
  • Intentionally starts a fire or causes an explosion and in so doing recklessly damages or destroys a building belonging to another, or recklessly causes another person to suffer bodily injury or death.

Assault is defined in part by Texas Penal Code § 22.01 as intentionally, knowingly, or recklessly causing bodily injury to another.

Bullying is defined as a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct that (1) has the effect or will have the effect of physically harming a student, damaging a student’s property, or placing a student in reasonable fear of harm to the student’s person or of damage to the student’s property; (2) is sufficiently severe, persistent, or pervasive enough that the ● Violates Texas Alcoholic Beverage Code § 106.041 relating to driving under the influence of alcohol by a minor (third or subsequent offense).

Breach of computer security includes knowingly accessing a computer, computer network, or computer system without the effective consent of the owner as defined in Texas Penal Code 33.02, if the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a public school; and the student knowingly alters, damages, or deletes school property or information; or commits a breach of any other computer, computer network, or computer system.

Club is an instrument specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death, including but not limited to a blackjack, nightstick, mace, and tomahawk.

Controlled substances or dangerous drugs include but are not limited to marijuana; any narcotic drug, hallucinogen, stimulant, depressant, amphetamine, barbiturate; anabolic steroid; or prescription medicine provided to any person other than the person for whom the prescription was written. The term also includes all controlled substances listed in Chapters 481 and 483 of the Texas Health and Safety Code.

Criminal street gang means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.

Dating violence is the intentional use of physical, sexual, verbal, or emotional abuse by a person to harm, threaten, intimidate, or control another person with whom the student has or has had a dating relationship, as defined by Texas Family Code § 71.0021.

Deadly conduct occurs when a person recklessly engages in conduct that places another in imminent danger of serious bodily injury, and includes, but is not limited to, knowingly discharging a firearm in the direction of an individual, habitation, building, or vehicle.

Deferred adjudication is an alternative to seeking a conviction in court that may be offered to a juvenile for delinquent conduct or conduct indicating a need for supervision.

Deferred prosecution may be offered to a juvenile as an alternative to seeking a conviction in court for delinquent conduct or conduct indicating a need for supervision.

Delinquent conduct is conduct that:

• • Violates either state or federal law, other than a traffic offense, and is punishable by imprisonment or confinement in jail;
  • Violates a lawful order of a court under circumstances that would constitute contempt of that court in a justice or municipal court, or a county court for conduct punishable only by a fine;
  • Constitutes an intoxication and alcoholic beverage offense under Chapter 49 of the Texas Penal Code; or

Discretionary means that something is left to or regulated by a local decision maker.

E-Cigarette or electronic cigarette means 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 to the individual inhaling from the device. The term also includes any device that is manufactured, distributed, or sold as an e-cigarette, e-cigar, or e-pipe; a dab pen; a vapor product; or any other similar device under another product name or description. Also included is any component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device. The term does not include a prescription medical device unrelated to the cessation of smoking.

Explosive weapon is any explosive or incendiary bomb, grenade, rocket, or mine that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.

False alarm or report occurs when a person knowingly initiates, communicates, or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he or she knows is false or baseless and that would ordinarily:

• • Cause action by an official or volunteer agency organized to deal with emergencies;
  • Place a person in fear of imminent serious bodily injury; or
  • Prevent or interrupt the occupation of a building, room, or place of assembly.

Firearm is defined by federal law (18 U.S.C. § 921(a)) as:

• • Any weapon (including a starter gun) that will, is designed to, or may readily be converted to expel a projectile by the action of an explosive;
  • The frame or receiver of any such weapon;
  • Any firearm muffler or firearm weapon; or
  • Any destructive device, such as any explosive, incendiary or poison gas bomb, or grenade.

Such a term does not include an antique firearm.

Firearm silencer means any device designed, made, or adapted to muffle the report of a firearm.

Graffiti means making marks with paint, an indelible pen or marker, or an etching or engraving device on tangible property without the effective consent of the owner. The markings may include inscriptions, slogans, drawings, or paintings.

Handgun is defined by Texas Penal Code § 46.01 as any firearm that is designed, made, or adapted to be fired with one hand.

Harassment is:

• • Conduct that meets the definition established in Board of Directors policy and/or the Handbook; or
  • Conduct that threatens to cause harm or bodily injury to another student, is sexually intimidating or obscene, causes physical damage to the property of another student, subjects another student to physical confinement or restraint, or maliciously and substantially harms another student’s physical or emotional health or safety.

Hazing is an intentional, knowing, or reckless act, occurring on or off campus, by one person alone or acting with others, that is directed against a student for the purpose of pledging, initiation into, affiliation with, holding office in, or maintaining membership in an organization, if the act involves situations outlined in Texas Education Code § 37.151.

Hit list is a list of people targeted to be harmed, using a firearm, a knife, or any other object to be used with intent to cause bodily harm.

Improvised explosive device is defined by Texas Penal Code § 46.01 as a completed and operational bomb designed to cause serious bodily injury, death, or substantial property damage that is fabricated in an improvised manner using nonmilitary components.

Indecent Exposure means exposing one’s anus or genitals with intent to arouse or gratify the sexual desire of any person while being reckless about whether another is present who will be offended or alarmed by the act.

Intimate visual material means visual material that depicts a person (a) with the person’s intimate parts exposed; or (b) engaged in sexual conduct.

Knuckles means any instrument consisting of finger rings or guards made of a hard substance and designed or adapted for inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.

Location-restricted knife means a knife with a blade over five and one-half inches.

Look-alike weapon means an item that resembles a weapon but is not intended to be used to cause serious bodily injury.

Machine gun is any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

Mandatory means that something is obligatory or required because of an authority.

Online impersonation occurs when a person, without obtaining the consent of another person and with the intent to harm, defraud, intimidate, or threaten any persons, uses the name or persona of another person to:

• • Create a web page on a commercial social networking site or other Internet website; or
  • Post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program.

Online impersonation also occurs when a person sends an electronic mail, instant message, text message, or similar communication that reference a name, domain address, phone number, or other item of identifying information belonging to any person:

• • Without obtaining the other person’s consent;
  • With the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and
  • With the intent to harm or defraud any person.

Paraphernalia are devices that can be used for inhaling, ingesting, injecting, or otherwise introducing a controlled substance into a human body. It also includes equipment, products, or materials used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance.

Possession means to have an item on one’s person or in one’s personal property, including but not limited to clothing, purse, or backpack; a private vehicle used for transportation to or from school or school-related activities, including, but not limited, to an automobile, truck, motorcycle, or bicycle; or any other school property used by the student, including, but not limited to, a locker or desk.

Prohibited Weapon means an explosive weapon; a machine gun; a short-barrel firearm; a firearm silencer; knuckles; armor-piercing ammunition; a chemical dispensing device; a zip gun; an improvised device; a tire deflation device; or a firearm silencer.

Public school fraternity, sorority, secret society, or gang means an organization composed wholly or in part of students that seeks to perpetuate itself by taking additional members from the students enrolled in school based on a decision of its membership rather than on the free choice of a qualified student.

Public lewdness occurs when a person knowingly engages in an act of sexual intercourse, deviate sexual intercourse, or sexual contact in a public place or, if not in a public place, is reckless about whether another is present who will be offended or alarmed by the act.

Reasonable belief is a determination made by the superintendent or designee using all available information, including the information furnished under Article 15.27 of the Code of Criminal Procedure.

Self-defense is the use of force against another to the degree a person reasonably believes the force is immediately necessary to protect himself or herself.

Short-barrel firearm is a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a rifle or shotgun that, as altered, has an overall length of less than 26 inches.

Switchblade knife is any knife with a blade that folds, closes, or retracts into the handle or sheath and that opens automatically by pressing a button or by the force of gravity or by the application of centrifugal force. The term does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.

Terroristic threat is a threat of violence to any person or property with intent to:

• • Cause a reaction of any type by an official or volunteer agency organized to deal with emergencies;
  • Place any person in fear of imminent serious bodily injury;
  • Prevent or interrupt the occupation or use of a building; room, place of assembly, or place to which the public has access; place of employment or occupation; aircraft, automobile, or other form of conveyance; or other public place;
  • Cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
  • Place the public or a substantial group of the public in fear of serious bodily injury; or
  • Influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state, or a public charter school (including Harmony Public Schools).

Tire deflation means a device, including a caltrop or spike strip, that, when driven over, impedes or stops the movement of a wheeled vehicle by puncturing one or more of the vehicle’s tires.

Title 5 offenses are those that involve injury to a person and include murder; manslaughter; criminally negligent homicide; trafficking in persons; unlawful transport; kidnapping; assault (on a public servant); aggravated assault; sexual assault; aggravated sexual assault; unlawful restraint; indecency with a child; injury to a child, an elderly person, or a disabled person; abandoning or endangering a child; deadly conduct; terroristic threat; aiding a person to commit suicide; harassment of a public servant; improper photography; smuggling persons; and tampering with a consumer product.

Trespassing means entering or remaining on the property of another (including <<School Name>>) without effective consent of the owner, and the person (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so. Trespassing may also include presence on <<School Name>> campus if expelled or suspended.

Under the influence means lacking the normal use of mental or physical faculties. Impairment of a person’s physical or mental faculties may be evidenced by a pattern of abnormal or erratic behavior, the presence of physical symptoms of drug or alcohol use, or by admission. A student “under the influence” need not be legally intoxicated to trigger disciplinary action.

Use means voluntarily introducing into one’s body, by any means, a prohibited substance.

Vapor product means electronic cigarettes (e-cigarettes) or any other device that uses a mechanical heating element, battery, or electronic circuit to deliver vapor that may include nicotine to the individual inhaling from the device, or any substance used to fill or refill the device.

Zip gun is a device or combination of devices, not originally a firearm, but adapted to expel a projectile through a smooth-bore or rifled-bore barrel by using the energy generated by an explosion or burning substance.

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