Charting The Course To Successful Charter Schools

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• Charting The Course To Successful Charter Schools
• Health/Safety
• 2004

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Health Safety

• Texas Education Code Chapter 38 (Health and
  Safety)
• Texas Education Code Chapter 37 (Discipline)
• Texas Penal Code (as applicable)
• Emergency Preparedness School Crisis Management

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Health Safety

• http//www.capitol.state.tx.us/statutes/ed.toc.htm

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Course Objectives

• Provide a basic understanding of the Health and
  Safety provisions of Chapter 38, Texas Education
  Code (TEC)

• Develop an understanding of the relationship
  between discipline management and code of
  conduct, applicable penal laws, and crisis
  management and emergency preparedness planning.

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TEC Chapter 38

• Possess immunization records for each student in
  attendance TEC 38.002(a)
• Facilitate transfer of student immunization
  records to other schools TEC 38.002(b)
• Annual Report of student immunization status
  TEC38.002(c)

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TEC Chapter 38

• Dissemination of Bacterial Meningitis Information
  to parents TEC 38.0025
• Symptoms of disease
• How diagnosed
• Consequences if untreated

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TEC Chapter 38

• Notice Concerning Health Care Services TEC
  38.012

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TEC Chapter 38

• Coordinated Health Programs for Elementary School
  Students TEC 38.013
• Approved Health Program designed to prevent
• Obesity
• Cardiovascular disease
• Type II Diabetes
• Program must provide
• Health Education
• Physical Education and Physical Activity
• Nutrition Services (www.tea.state.tx.us/CNP)
• TEC 33.901
• Parental Involvement

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TEC Chapter 38

• Implementation of Coordinated Health Program For
  Elementary School Students TEC 38.014
• Each district shall
• Participate in appropriate training for
  implementation of the Coordinated Health Program
  For Elementary School Students approved by TEA
• Implement the program in each elementary school
  in the district

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TEC Chapter 38
Self-Administration Of Prescription Asthma
Medicine By Students TEC 38.015
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School-Based Health CentersTEC 38.051
TEC Chapter 38

• Funds distributed through a grant process.
  Eligible applicants include school districts,
  charter schools, and school district
  cooperatives. Maximum of 3 grants for FY05, for
  each up to 125,000
• Funds are intended to support school-based health
  centers that meet the health care needs of
  students and their families, and are based on
  need.

To apply http//esbd.tbpc.state.tx.us/1380/bid_s
how.cfm?bidid52459
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TEC Chapter 38

• Access to Medical Records TEC 38.009
• School administrator, nurse, or teacher is
  entitled to access students medical records
  maintained by the school for reasons determined
  by district policy
• Confidentiality of medical records
• No authorization by law to require student to be
  tested to determine medical condition or status

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TEC Chapter 38

• Parental Access to Medical Records
• TEC 38.0095

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TEC Chapter 38

• Screening and treatment for Dyslexia and related
  disorders TEC 38.003

(1) "Dyslexia" means a disorder of
constitutional origin manifested by a difficulty
in learning to read, write, or spell, despite
conventional instruction, adequate intelligence,
and sociocultural opportunity. (2) "Related
disorders" includes disorders similar to or
related to dyslexia, such as developmental
auditory imperception, dysphasia, specific
developmental dyslexia, developmental dysgraphia,
and developmental spelling disability.
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TEC Chapter 38

• Child Abuse Reporting and Programs TEC 38.004
  (Chapter 261 Texas Family Code)
• School must establish and annually review
  policies for reporting child abuse and neglect.
• Employees must report suspected abuse or neglect
  to a law enforcement agency, without first being
  required to report the matter to a school
  administrator.
• 1-800-252-5400 Texas Child Abuse Hotline
• Provide for cooperation with law enforcement
  child abuse investigation without the consent of
  the childs parents if necessary, including
  investigations by Department of Protective and
  Regulatory Services
• Adopt policy that shall provide child abuse
  anti-victimization program in elementary and
  secondary schools

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TEC Chapter 38

• Protective Eye Devices in Public Schools TEC
  38.005
• Tobacco on School Property TEC 38.006
• Prohibit smoking or using tobacco products at a
  school-related or school-sanctioned activity on
  or off property
• Prohibit students from possessing tobacco
  products at a school-related or school-sanctioned
  activity on or off school property

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TEC Chapter 38

• Alcohol-Free School Zone TEC 38.007
• Prohibits alcoholic beverages at a school-related
  or school-sanctioned activity on or off school
  property
• Requires the school district attempt to provide a
  safe alcohol-free environment to students coming
  to or going from school
• Allows for cooperation with local law enforcement
  officials and Texas Alcoholic Beverage Commission
  in attempting to provide this environment and
  enforcing this section

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TEC Chapter 38

• Posting of Steroid Law Notice
• TEC 38.008
• Schools in with grades seven or higher shall post
  in a conspicuous location in the school gymnasium
  and each place in a building where physical
  education classes are conducted and notice as
  described in TEC 38.008.

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Discipline, Law Order

• Gun-Free School Act
• Exhibition of Firearms
• Disruption of Transportation
• Criminal History Checks

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Discipline, Law and Order
Texas Education Code (TEC) Chapter 37 Senate
Bill 1196 Commissioners Rule (TAC) 89.1053
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Discipline Requirements

• TEC 37.007 Expulsion for Serious Offenses
• A student shall be expelled from a school if the
  student, on school property or while attending a
  school-sponsored or school related activity on or
  off of school property
• uses, exhibits, or possesses
• (A) a firearm as defined by Section
• 46.01 (3), Penal code.

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Senate Bill 1196

• States it is the policy of this state to treat
  all students with respect and dignity
• Pertains to students with disabilities
• Prohibits use of locked seclusionary time-out in
  Texas Public Schools effective September 1, 2001
• Applies to charter schools

Texas Behavior Support Initiative
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Senate Bill 1196

• Defines seclusion, restraint and time-out
• Allows use of locked time-out in defined
  emergency situations (TEC 37.0021)
• Requires commissioner to adopt rules for use of
  restraint and time-out by August 1, 2002

Texas Behavior Support Initiative
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Seclusion
A behavior management techniques in which a
student is confined in a locked box, locked
closet, or locked room that Is designed solely
to seclude a person and contains less than 50
square feet of space
TEC 37.0021(b)
Texas Behavior Support Initiative
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Seclusion Exemptions
A school district employee or volunteer or an
independent contractor of a district may not
place a student in seclusion. This subsection
does not apply to the use of seclusion in a
court-ordered placement, other than a placement
in an educational program of a school district,
or in a placement or facility to which the
following law, rules, or regulations apply TEC
37.0021(c)
Texas Behavior Support Initiative
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TEC 37.0021 Exemptions

• This section and any rules or procedures adopted
  under this section do not apply to
• A peace officer while performing law enforcement
  duties,
• Juvenile probation, detention or corrections
  personnel, or
• An educational services provider with whom a
  student is placed by a judicial authority, unless
  the services are provided in an educational
  program of a school district.
• TEC 37.0021(g)

Texas Behavior Support Initiative
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Commissioners RuleTAC 89.1053

• Developed new rules related to the use of
  restraint and time-out with students in special
  education
• Defined emergency situation
• Applies to all employees, volunteers and
  independent contactors of public schools and
  charter schools.

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Legal RequirementsDefinition of Restraint

• Restraint means the use of physical
• force or a mechanical device to
• significantly restrict the free
• movement of all or a portion of
• the students body.
• TEC 37.0021(b)(1)

Texas Behavior Support Initiative
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Legal RequirementsUse of Restraint

• Restraint can only be used in an emergency with
  the following limitations
• Limited to reasonable force necessary to address
  emergency
• Discontinued when emergency no longer exists
• Implemented to protect health/safety of student
  and others
• Shall NOT deprive student of basic human
  necessities
• TAC 89.1053(c)

Texas Behavior Support Initiative
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Legal RequirementsDefinition of Emergency

• Emergency means a situation in which a students
  behavior poses a threat of
• imminent, serious physical harm to the student or
  others or
• imminent, serious property destruction
• TAC 89.1053(b)(1)

Texas Behavior Support Initiative
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Legal RequirementsTraining on Use of Restraint

• Who?
• After 4/1/03Personnel using restraint who have
  not received prior training must receive the
  required training within 30 school days following
  the use of restraint.

• What?
• Prevention/de-escalation techniques
• Alternatives to restraint
• Professionally accepted practices and standards
  regarding behavior management and use of
  restraint
• TAC 89.1053(d)

Texas Behavior Support Initiative
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Legal RequirementsDocumentation of Restraint
Day of restraint
Within 1 school day
Timely Manner

• Student Special Education Eligibility Folder for
  ARD consideration (written)

• Administrator/ designee (written or verbal)
• Parent --good faith effort (verbal)

• Parent---placed in mail or otherwise provided
  (written)

Texas Behavior Support Initiative
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Legal RequirementsNotification/Documentation
Requirements

• Name of student
• Name of staff member(s) administering restraint
• Date of restraint
• Time began/ended
• Location of restraint
• Description of activity student engaged in
  immediately preceding restraint

• Behavior that prompted restraint
• De-escalation efforts/alternatives attempted
• Parent contact/notification
• TAC 89.1053(d)

Texas Behavior Support Initiative
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TEC 37.0021 Exemptions

• This section and any rules or procedures adopted
  under this section do not apply to
• A peace officer while performing law enforcement
  duties,
• Juvenile probation, detention or corrections
  personnel, or
• An educational services provider with whom a
  student is placed by a judicial authority, unless
  the services are provided in an educational
  program of a school district.
• TEC 37.0021(g)

Texas Behavior Support Initiative
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Legal RequirementsDefinition of Time-Out

• Time-out is a behavior management technique in
  which, to provide a student with an opportunity
  to regain self-control, the student is separated
  from other students for a limited period in a
  setting
• that is not locked and
• from which the exit is not physically blocked by
  furniture, a closed door held shut from the
  outside, or another inanimate object
• TEC 37.0021(b)(3)

Texas Behavior Support Initiative
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Legal RequirementsUse of Time-Out

• Shall NOT use physical force or threat
• Use in conjunction with array of positive
  behavior intervention strategies
• Include in IEP/BIP if utilized on recurrent basis
• Shall NOT be implemented in fashion that
  precludes involvement and progress in general
  curriculum and IEP
• Required documentation to assess effectiveness
• TAC 89.1053(g)
• TAC 89.1053(g)

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Time-Out

• TRAINING
• Provided for general/special personnel who
  implement time-out according to IEP
• Include in scope of positive behavior
  interventions
• 30 school days for staff to be trained after
  receiving IEP

Texas Behavior Support Initiative
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Chapter 37 A Framework for The School Code of
Conduct
www.tea.state.tx.us/safe/
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Recommended that each charter school board of
trustees gtAdopt a printed code gtApprove changes
gtPost and prominently display the code at
each campus
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• Student Code of Conduct may include
• Suspension policies
• Hearing, appeals or review
• Provisions for altering discipline
• Reporting/Documenting of offenses

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• Policies for ensuring student credit
• Expulsion policies
• The use of time-out, restraint and seclusion
• Sexual harassment policies

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Chapter 37 safety and welfare issues

• Unauthorized Persons
• refusals or entry
• ejection
• identification
• (TEC 37.105)
• Vehicle Identification
• (TEC 37.106)

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Trespass On School Grounds (TEC 37.107) Class C
misdemeanor
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Disruptive Activities 37.123 On school
property 37.124 In classes 37.126
Transportation
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Safety and Welfare cont.
Possession of intoxicants on public school
grounds 37.122 Exhibition of Firearms 37.125
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Safety and Welfare cont.
37.121 Fraternities, Sororities, Secret
Societies and Gangs 37.151 Hazing
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What Does the Law Say About

• Tobacco?
• Alcohol?
• Steroids?
• Dietary supplements?
• Outside counselors?
• Criminal history checks?

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Tobacco

• Sec. 38.006. TOBACCO ON SCHOOL PROPERTY. The
  board of trustees of a school district shall
• (1) prohibit smoking or using tobacco products
  at a school-related or school-sanctioned activity
  on or off school property
• (2) prohibit students from possessing tobacco
  products at a school-related or school-sanctioned
  activity on or off school property and
• (3) ensure that school personnel enforce the
  policies on school property.

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Alcohol

• Sec. 38.007. ALCOHOL-FREE SCHOOL ZONES.
• (a) The board of trustees of a school district
  shall prohibit the use of alcoholic beverages at
  a school-related or school-sanctioned activity on
  or off school property.
• (b) The board of trustees of a school district
  shall attempt to provide a safe alcohol-free
  environment to students coming to or going from
  school. The board of trustees may cooperate with
  local law enforcement officials and the Texas
  Alcoholic Beverage Commission in attempting to
  provide this environment and in enforcing
  Sections 101.75, 109.33, and 109.59, Alcoholic
  Beverage Code.

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Steroids

• Sec. 38.008. POSTING OF STEROID LAW NOTICE.
  Each school in a school district in which there
  is a grade level of seven or higher shall post in
  a conspicuous location in the school gymnasium
  and each other place in a building where physical
  education classes are conducted shall post a
  notice, whose wording is specified in the law.

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Steroids Notice

• Anabolic steroids are for medical use only.
  State law prohibits possessing, dispensing,
  delivering, or administering an anabolic steroid
  in any manner not allowed by state law. State
  law provides that body building, muscle
  enhancement, or the increase of muscle bulk or
  strength through the use of an anabolic steroid
  or human growth hormone by a person who is in
  good health is not a valid medical purpose. Only
  a medical doctor may prescribe an anabolic
  steroid or human growth hormone for a person. A
  violation of state law concerning anabolic
  steroids or human growth hormones is a criminal
  offense punishable by confinement in jail or
  imprisonment in the institutional division of the
  Texas Department of Criminal Justice.

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Dietary Supplements

• Sec. 38.011. DIETARY SUPPLEMENTS.
• (a) A school district employee may not
• (1) knowingly sell, market, or distribute a
  dietary supplement that contains performance
  enhancing compounds to a primary or secondary
  education student with whom the employee has
  contact as part of the employee's school district
  duties or
• (2) knowingly endorse or suggest the ingestion,
  intranasal application, or inhalation of a
  dietary supplement that contains performance
  enhancing compounds by a primary or secondary
  education student with whom the employee has
  contact as part of the employee's school district
  duties.

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Outside Counselors

• TEC 38.010. OUTSIDE COUNSELORS.
• (a) A school district or school district
  employee may not refer a student to an outside
  counselor for care or treatment of a chemical
  dependency or an emotional or psychological
  condition unless the district
• (1) obtains prior written consent for the
  referral from the student's parent
• (2) discloses to the student's parent any
  relationship between the district and the outside
  counselor
• (3) informs the student and the student's
  parent of any alternative public or private
  source of care or treatment reasonably available
  in the area
• (4) requires the approval of appropriate school
  district personnel before a student may be
  referred for care or treatment or before a
  referral is suggested as being warranted and
• (5) specifically prohibits any disclosure of a
  student record that violates state or federal
  law.
• (b) In this section, "parent" includes a
  managing conservator or guardian.

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What Does Research Tell Us?
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Tobacco

• It is highly addictive.
• Smoking cigarettes and marijuana are closely
  related.
• Nicotine accumulates in the body.
• There are long-term health hazards.

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Alcohol

• Alcohol dependence
• Increases insecurity and immaturity
• Affects the parts of the brain that control
  judgment and inhibition
• Cars and alcohol do not mix. The likelihood of
  traffic accidents is increased.

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Steroids

• Irreversible side-effects such as liver and
  cardiovascular damage
• Males--withered testicles, sterility, and hair
  loss. Females--masculine traits such as breast
  reduction and increased facial hair
• Psychological effects such as depression and
  aggression
• Hindered bone growth

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What Can Schools Do To Help Young People With
These Challenges?

• Create a caring environment
• Have high expectations of all students
• Have a consistent school-wide discipline policy
  that upholds the schools values
• Continually discuss how students are doing what
  is working and what isnt?

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Criminal History Checks

• Charter schools must obtain criminal history on
  every prospective employee or volunteer.
• Charter schools may not hire anyone who has been
  convicted of
• A felony
• A misdemeanor involving moral turpitude
  (dishonesty, fraud, deceit, misrepresentation,
  deliberate violence)
• Any offense for which a student is required to be
  expelled under TEC 37.007(a) or (4)
• Any of the sexual offenses listed in Article
  62.01(5) of the Code of Criminal Procedures

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Crisis Management
Emergency Preparedness Plan
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Crisis ManagementEmergency Preparedness Plan

• Mechanical
• Accidents
• Disruptions
• Violence
• Medical
• Terrorism
• Criminal

• Weather
• Environmental
• Evacuation
• Missing Child
• Emergency Communication
• School Closure

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Crisis ManagementEmergency Preparedness Plan

• Mechanical
• Power outage
• AC/heating failure
• Accidents
• Personal
• Vehicle
• School Bus
• Structural

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Crisis ManagementEmergency Preparedness Plan

• Disruptions
• Disturbances
• Fights
• Riot
• Gang Activity
• Violence
• Shooting
• Stabbing
• Sexual Assault

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Crisis ManagementEmergency Preparedness Plan

• Medical
• Serious illness
• Serious injury
• Infectious, contagious or contaminated
  environment
• Emergency contact information
• Emergency medical treatment authorization

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http//www.tdh.state.tx.us/schoolhealth/program_gu
ide.htm
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Crisis ManagementEmergency Preparedness Plan

• Terrorism
• Hostage taking
• Bomb threat
• Bomb or explosive device
• Biological or chemical agents
• Fear factor and rumor control

Texas Homeland Security http//www.texashomeland
security.com/
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Crisis ManagementEmergency Preparedness Plan

• Criminal
• Crimes on campus
• Illegal drugs
• Organized crime
• Robbery
• Weather
• Severe thunderstorms
• Tornados
• Flooding
• Hurricanes

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Crisis ManagementEmergency Preparedness Plan

• Environmental Hazards
• Chemical leaks
• Train derailments
• Hazardous materials
• Evacuations
• Fire
• Relocation
• Alternate site
• Staging area

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Crisis ManagementEmergency Preparedness Plan

• Missing Child
• Contacting the parents
• Contacting the authorities
• Emergency Communication
• What kinds of situations
• Information needed
• School Closure
• Where will the notice be posted, by whom, by what
  time

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Web Resources Texas Education Agency Safe and
Drug Free Schools
http//www.tea.state.tx.us/safe/
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Crisis Planning Resources

• http//www.ed.gov/admins/lead/safety/emergencyplan
  /index.html

• Examples of Resources on this website
• Bomb Threat Assessment Guide
• Campus Public Safety Weapons of Mass Destruction
  Terrorism Protective Measures

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Web Resources Texas Education Agency Safe and
Drug Free Schools
http//www.tea.state.tx.us/safe/
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• http//www.txssc.swt.edu/curricula.htm

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• Content Examples
• Who should be included on the District or Campus
  Crisis Management Team and what is the role of
  the team?
• What measures should be taken at the district and
  campus levels to prevent school violence and to
  prepare for emergency situations?
• What should a District and Campus Crisis
  Management Plan include?
• Proactive Guide for Terrorism
• Forms and Lists
• Campus and Classroom Emergency Kits
• Checklist of Early Warning Signs
• Crisis Preparedness Form
• Crisis Procedure Checklist Form
• Critical Incident Follow-Up Procedures Form
• Early Warning Signs in Troubled Students
• Safety Equipment Inventory Form
• Safety Review Checklist
• Sample Memorandum/Safe School Review Summary

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Curricula

• Addressing Sexual Harrassment and Violence in our
  Schools (Sylvia Cedillo)
• Basic Critical Incident Stress Management
  (Vaughn Donaldson)
• School Crisis Management Emergency Preparedness
  Planning (Eugene Lewis)
• School Safety Curriculum (Hays-Caldwell Women's
  Center)

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School Safety Curriculum(Hays-Caldwell Women's
Center)
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Lots of Resources
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Education Service Centers