WOSgrad

[quote name="atb63" post="1127629" timestamp="1321993456"] Thanks WOSGrad. So, it's not just that they were assigned to DAEP, that prohibits them from participating in UIL sponsored events, but the reason must be in the code TX 37.006 "Students who are placed in a disciplinary alternative education program (DAEP) for a reason included in TEC §37.006 must be prohibited from attending or participating in a school-sponsored or school related activity" It's still not clear, because the next sentence also states that it can be enforced by district policy. Man, they have so many exceptions, and if this, then that, coaches almost need an on-staff attorney to understand some of this stuff.  The have enough to worry about with the players, parents, booster club, and the ISD.  LOL!!!!  ;D ;D ;D ;D [/quote] Well, this is speculation, but my bet is, if the reasoning behind the placement of the students is for the trashing of a computer room as stated above, falls in 37.006 (a)(2)(A) which states: "Sec. 37.006.  REMOVAL FOR CERTAIN CONDUCT. (a) A student shall be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 if the student: (2)  commits the following on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property: (A)  engages in conduct punishable as a felony;..." Because that conduct of destruction of property would fall under Sec. 28.03 of the Texas Penal Code which states: "§ 28.03. CRIMINAL MISCHIEF.  (a) A person commits an offense if, without the effective consent of the owner: (1)  he intentionally or knowingly damages or destroys the tangible property of the owner; (2)  he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person;  or (3)  he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner." Such conduct arises to the level of a felony if:  "the amount of the pecuniary loss to real property or to tangible personal property is $1,500 or more but less than $20,000 and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education." (Tex. Penal Code, Sec. 28.03 (h)) Just as a note, in determining the amount of damage, the Penal Code states: "When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of this section pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense." (Tex. Penal Code, Sec. 28.03 (e))

And here is Texas Education Code, Sec. 37.006: Sec. 37.006.  REMOVAL FOR CERTAIN CONDUCT. (a) A student shall be removed from class and placed in a disciplinary alternative education program as provided by Section 37.008 if the student: (1)  engages in conduct involving a public school that contains the elements of the offense of false alarm or report under Section 42.06, Penal Code, or terroristic threat under Section 22.07, Penal Code; or (2)  commits the following on or within 300 feet of school property, as measured from any point on the school's real property boundary line, or while attending a school-sponsored or school-related activity on or off of school property: (A)  engages in conduct punishable as a felony; (B)  engages in conduct that contains the elements of the offense of assault under Section 22.01(a)(1), Penal Code; (C)  sells, gives, or delivers to another person or possesses or uses or is under the influence of: (i)  marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.; or (ii)  a dangerous drug, as defined by Chapter 483, Health and Safety Code; (D)  sells, gives, or delivers to another person an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage; (E)  engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under Sections 485.031 through 485.034, Health and Safety Code; or (F)  engages in conduct that contains the elements of the offense of public lewdness under Section 21.07, Penal Code, or indecent exposure under Section 21.08, Penal Code. (b)  Except as provided by Section 37.007(d), a student shall be removed from class and placed in a disciplinary alternative education program under Section 37.008 if the student engages in conduct on or off of school property that contains the elements of the offense of retaliation under Section 36.06, Penal Code, against any school employee. (c)  In addition to Subsections (a) and (b), a student shall be removed from class and placed in a disciplinary alternative education program under Section 37.008 based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity if: (1)  the student receives deferred prosecution under Section 53.03, Family Code, for conduct defined as a felony offense in Title 5, Penal Code; (2)  a court or jury finds that the student has engaged in delinquent conduct under Section 54.03, Family Code, for conduct defined as a felony offense in Title 5, Penal Code; or (3)  the superintendent or the superintendent's designee has a reasonable belief that the student has engaged in a conduct defined as a felony offense in Title 5, Penal Code. (d)  In addition to Subsections (a), (b), and (c), a student may be removed from class and placed in a disciplinary alternative education program under Section 37.008 based on conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity 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. (e)  In determining whether there is a reasonable belief that a student has engaged in conduct defined as a felony offense by the Penal Code, the superintendent or the superintendent's designee may consider all available information, including the information furnished under Article 15.27, Code of Criminal Procedure. (f)  Subject to Section 37.007(e), a student who is younger than 10 years of age shall be removed from class and placed in a disciplinary alternative education program under Section 37.008 if the student engages in conduct described by Section 37.007. An elementary school student may not be placed in a disciplinary alternative education program with any other student who is not an elementary school student. (g)  The terms of a placement under this section must prohibit the student from attending or participating in a school-sponsored or school-related activity.

Okay, got the answer to my question. I got this from a side by sided on the UIL website ([Hidden Content]) On Page 10: "[b][i]5. Are students who are placed in alternative settings for behavioral management eligible for extracurricular activities?[/i][/b]  Students who are placed in a disciplinary alternative education program (DAEP) for a reason included in TEC §37.006 must be prohibited from attending or participating in a school-sponsored or schoolrelated activity as provided by Subsection (g) of that section. Students placed in a DAEP pursuant to authority under a provision of the TEC other than §37.006 may be prohibited from participating in school-sponsored or school-related activities by local district policies. Students who have been assigned to a DAEP for a reason included in TEC §37.006 or those assigned under a separate section of the TEC and prohibited from participating by local policy, may resume participation in UIL activities the first day they return to regular classes after completing the assigned length of time in the alternative education program."

While the trashing of school property should be punished, I am not sure how that rises to the level of a UIL infraction if the those involved played in the game.  That sounds like a student code of conduct issue and an internal district matter. I guess I will look at the rules and see what I can find.

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