CCISD

somebody is sure going to great lengths to try and get rid of this link

2010-10-27T13:46:00.000-07:00

ACLU sues Hidalgo County JP's over truancy cases

I was told her and Debbie Riddle are birds of a feather abnd flock together......I think that trash need to go it stinks

2009-09-21T00:55:00.000-07:00

Thursday, September 17, 2009
CAN CCISD'S SCHOOL BOARD CAROL SCOTT (WHO IS BENG PAID BY LAS BRISAS ENERGY) CONTINUE TO BE A "TRUSTEE" OF OUR CHILDREN? [Facebook discussion]
(To participate in this dicussion, join facebook.com and add homervillarreal@gmail as a friend. The following is an truncated abridgement of the discussion on the above mentioned issue:

Homer Villarreal
CCISD’s John Longoria just reported that Tomas Duran was a consult for CCISD, but has left. I understand (and again) I am prudently generalizing from John’s update that Thomas Duran now (who is tied in with all the big time insurances like Entrust) is free and legally able to bid on the CCISD Health Insurance. .. I believe that when they go out for insurance (from sources, I believe) will be between Carol’s buddies – Art Granato and Thomas Duran.

Homer Villarreal
WATCH CAREFULLY... Read More…Another question to ask is: “Did the Scotts use ‘La Brisas’’ money to get a new American Federation of Teachers President? I hear Art Granato donated to him also… I am just connecting the dots. Jeff Kane did comment on our board that it was “gray area” … his word was ‘leveraging”… Rene Saenz who sits on the Health Insurance Committee feels that the pressure that will be excerted by different parties will be fierce. So the new AFT president was handpicked by Carol so to speak, if the info is true.

Mark A. Di Carlo
Homer: McMurrey show, AFT President, is on my Voices show on Friday at 10:00 P.M. (On my webcite also) But I do not get it, are you inferring you campaign for the job as Union President and raise money to do it? Maybe so . . . . might have been a good subject.

Carolyn Moon
The new AFT president is a member of the CEC. send me an e-mail later.

Amadora Zapata
Yeah, AFT was the Scott's project according to my sources. They are eroding the credibility of our community: the SCOTTS.

Homer Villarreal
Homer Villarreal: " A regional government, for protecting the agenda and whims of a wife of a city councilman only, is but a carcass, and soon falls by its own CORRUPTION and decay."

Debbie Allen
There is a beauty to a cat fight; because it stems from the soul of a woman. Carol has to go!!! Yeah, the truth of her evil does not seem to matter to her, only the way she chooses to interpret it. But it is survival of a fitness. We are being taken by her, and I am sure not gonna, not gonna put up with it.

Rene Saenz
Amadora, "AFT is the scott's project" what are you inferring? I'm a member of AFT and there was no project there. In fact, I talked to Ray, the new prez, the entire time during his campaign. In fact, in the beginning we were trying to decide who should run, me or him. In the end, I deferred since I had other projects going on. I believe your source... Read More/sources are all wrong. I'm the ultimate source on this issue. But we agreed on one thing, the past president had to go. If you really want the inside, I know it all.

Amadora Zapata
I respectfully disagree Mr. Saenz...and for you to believe that the ultimate source was yourself in re: to the "Carol"/Kailo connection (implied) on the "Las Brisas dollars" (in addition to the Art Granato 's/lobbying interests in this matter) - is quite delusional, and to venture beyond the bucket of this complex issue and investigation by myself... Read More and ours in the region. To question me(or anyone here), is a matter of credibility. But be forewarned, You are welcome to post, but to admonish if "you have a dog in the fight" there are the consequences. If you are participating especially in defense of a party in question, the AFT PREST. or SCOTT's hand in this matter, you become fare game. With that said let's begin.
Mr. Saenz you were not the main source. You sit on the board that will be instrumental in later being used to justify awarding the "Health Insurance" bid contract. The board you sit on will be the raison d'etre for the Scotts (continued in another posting).
33 minutes ago • Delete

Amadora Zapata
It does not take a rocket scientist to see the "project" or "connection" between the AFT post and Carol Scott! The former AFT president took a position against "Las Brisas." But then again before proceeding, abiding by the rules of fair play, and the audience following this "connecting-the-dots" progression and story, I have to ask you sir, "Do you have a dog in this fight?" Admit it if there is, if not it will surface believe you me.

Amadora Zapata
I don't think you are being fully straight forward. Your version might just be sectarian view of the a road of intricate paths and bypaths. You are welcome to email me and share what your experience in attempting to unseat the former President. It is my duty to listen to all parties so as to not only be fair, but responsible in piecing the final view.
15 minutes ago • Delete

Amadora Zapata
What makes this so unethical Mr. Saenz is the fact that Carol Scott (is/and was being paid by "Las Brisas" an enormous salary. The former president was merely trying to be a voice for the children (adocating for the right cause) was slaughtered by a high-paid, unethical party who happened to be the President of CCISD board. She was being paid (thousands of dollars)as Prest. of the CCISD board to stifle someone who was taking against her client (LAS BRISAS). He as just trying to be a voice for the kids (in this particular issue). As far as where he stood on the school politics also, despite how controversial and different from our view, should not have been suppressed by a corporation promoting "breathing black smoke" (as Carolyn Moon put it) and paying a public official to sell out (Carol Scott/Kailo) thousands of dollars.
How could Carol Scott Scott advocate for our children, if she taking a hefty paycheck from Las Brisas?

Rene Saenz
The former AFT president took no position. I was at that meeting when the motion was made. And guess who moved the motion to take the position against Las Brisas? I made the motion and argued forcefully for it. The motion passed unanimously. In fact the former President, who you defend, had a worker who was recorded as saying her personal beef was ... Read Morenot with the building of Las Brisas, her beef was with Scott. The motion was very clear, protect the students and teachers, not go on a personal crusade against an individual for personal reasons. I do not defend Scott's postion. That's hers to take. I don't agree with it. And yes I do sit on the board that will be dealing with the Health Insurance, the very insurance that covers me and my family. Personally I think humana stinks and I will be arguing that we move to the state insurance for teachers. Personally, I think the current president of AFT is much better than the previous one. I will not e-mail you to discuss AFT politics but you are

Rene Saenz
more than welcome to contact me. One more question...how does a Amadora Zapata, with blond hair and blue eyes, where a Wisconsin shirt rather than a TEXAS shirt? Be warned that we longhorns kick ass.

Homer Villarreal
THANKS FOR POSTING MR. SAENZ:
FACT: CCISD Board President CAROL SCOTT both is and was being paid by LAS BRISAS ENERGY.
FACT: SHE WAS BEING PAID TO ATTEMPT TO STOP CRITICISM OF LAS BRISAS, the former President was critical (and I did interviewed him at Taqueria Guadalajara in Annaville).
FACT: Then it logically follows that Carol Scott as a "public official" was a high-paid "Aggressor" by LAS BRISAS to eradicate disgruntled parties with Las Brisas. In short, the entire staff of CCISD was under the gun of a Chair of the board, Ms. Scott (remember, she is a public official who both took and is taking money from Las Brisas). The few that spoke up were targeted (via Las Brisas' dollars) and punished (via las Brisas' dollars).

FACT: Ms. Scott as Chair of CCISD School Board used CCISD Employees and buses and pupils to make TV commercials that earned her a lot of money.
FACT: Ms. Scott her leverage as chair to hire "Skip" Noe (who coordinated efforts and is piecing the road open for Las Brisas to established themselves with various municipal and an inter agency network). Note: Angel Escobar wished not to venture in the 'gray area" that the EDC and Carol Scott are espousing.
FACT: The new AFT President was stamped and endorsed by a corporate movement with multi-million dollars interests being represented by KAILO (formerly Scott Public Relations).

CCISD Board PRESIDENT is their high-paid face -- i.e., Las Brisas Energy. In fact send I dare you to send an email to Las Brisas Energy at www.lasbrisasenergy.com/contact.html -- while on their website hit the contact button: and guess who will receive the message in her cell phone and computer? YOU GOT IT RIGHT. CCISD BOARD PRESIDENT CAROL SCOTT. She is the gatekeeper and face of Las Brisas Energy in the area.
Homer Villarreal
This issue is a legal matter and Las Brisas Energy has no right to pay public officials to do their bidding in our schools and use "divide and conquer" tactics to hurt and punish anyone in the district (or the community) who is against the children breathing "black smoke" (as Carolyn Moon so poetically put it).
Posted by HOMERO VILLARREAL at 9:59 PM
1 comments:

herownself said...

To use my comments (not that I disavow) them, from the message section of Facebook is underhanded.

It makes one wonder whose water you're carrying, Miss Zamora.
September 19, 2009 4:21 PM

And the reason they can find all those drop out is because they are incarcerated ....duh. Like CCISD did not know! They put them there.

Guess Truant officers are lazy to do their JOB! Carol Scott cares about that crap organization Citizens "against law suit abuse" She Has abused her position for self gain and should be impeached or pay for the costs if it were you or me to produce the same exact commercial.

Let's all get out there and get these kids back in school.

2009-09-07T00:24:00.000-07:00

Hit the streets to get students in school
CCISD prepares for 2nd dropout prevention walk

By Elvia Aguilar (Contact)
Originally published 05:33 p.m., September 2, 2009
Updated 11:06 p.m., September 2, 2009

CORPUS CHRISTI — CCISD is looking for volunteers who can walk the walk and talk the talk.

About 480 high school students have not returned to school this year. Corpus Christi Independent School District officials need help giving those students a phone call Tuesday and a home visit Sept. 12 as part of the Operation Keeping Every Youth in School walk, a dropout recovery effort.

Monica Bayarena, principal of Coles High School and organizer of the walk, said of the 468 homes visited last year, 215 students returned to school. Of those students, about 60 dropped out, but 19 received a General Educational Development diploma and 27 graduated. The rest are still enrolled.

“Operation KEYS was clearly a success last year,” Bayarena said. “It gave our community an opportunity to work together to make a difference in the lives of our youth. Every child counts.”

Volunteers will call students from 9 a.m. to 4 p.m. Tuesday at the district’s administration building, 801 Leopard St., to confirm student addresses and whereabouts. About 40 phone bank volunteers will be needed.

“Those who may not be able to walk or can’t be out in the heat too long can help us by making a few phone calls,” Bayarena said. “They can volunteer 20 minutes or whatever they can. They don’t have to be here all day.”

About 400 volunteers will be needed to knock on doors of high school students who haven’t returned to school. Volunteers will be paired with an educator. Volunteers will be asked to share life experiences to encourage the students’ return.

If a student decides to register for school, then he will be directed to his respective high school where district staff can answer additional questions and enroll them that day.

The program started last year and is modeled after one in Houston.

The list of unenrolled students may be narrowed if volunteers find that they left the district or already returned to school.

About 280 high school students dropped out of the Corpus Christi Independent School District in 2007.

TO VOLUNTEER

Register at www.ccisd.us

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related links Posted by 718561 on September 3, 2009 at 1:06 a.m.

we have a high crime and dropout problem. WHAT IS THIS TELLING YOU? SOMETHING IS WRONG HEAR. the teachers need to get their act together and fix this problem. their are major issues in this school district. can't the teachers motivate students and be better role models. theirs a big problem with one sidedness. only certain kids get taught others fall threw the cracks this must be lazyness. something is wrong and it doesn't take a genius to figure it out.
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related links Posted by 706310 on September 3, 2009 at 1:39 a.m.

in response to 718561

You've got to be joking. The problem is the parents not being responsible for getting their kids to school, not the teachers. It is not the job of the teacher to get your kid to school. The teacher presents the subject material and the grade received is what the student earns. If this was a question of whether the subject material is presented right, then that is on the teacher. However, this is about getting the students to show up to class. I guess it's typical to blame others instead of placing blame where it really lies, the parent and the student.
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related links Posted by 718343 on September 3, 2009 at 5:34 p.m.

in response to 718561

Your kidding right? This is no one's problem but the parents and kids fault. Place the blame where it really belongs right smack dab back on the parents.
If the parents were not lazy and would get their act together and make their little darlings go to school instead of being afraid of them or letting the little darlings do what ever the heck they wanted to do then the problem would be solved.

There is no way I would walk the streets to try to get these kids back in school when it is the parents responsibility.

No one makes my kids wake up and come to the home school classroom they know it has to be done no if's and's or but's about it. If they decide not to participate they know there will be consequences. Instead of facing the hassle of extra chores along with extra homework and privliges taken away they chose to come to class each and every day.
No one has to walk the neighborhood here.

Oh and it is here not hear.
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related links Posted by 711842 on September 3, 2009 at 5:48 p.m.

in response to 718561

Does your post criticizing this terrific effort actually say, "Something is wrong HEAR"?

Additionally, do you write, "THEIR are major issues in this school district"?

And then...."THEIRS a big problem," followed by "others fall THREW the cracks," and "this must be LAZYNESS."

You are right....something is wrong and it doesn't take a genius to figure it out.

Enough said.
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related links Posted by 361861 on September 3, 2009 at 7:21 p.m.

in response to 718561

This is the most ridiculous comment I've ever read. You have no idea what you're talking about. Teachers teach each and every day. We don't wait for everyone to show up. We hope they do, but continue to work hard to educate those that are present. We make phone calls and home visits when needed. Absences concern us daily, but the ones that should be concerned are not. Some parents don't care if their kids go to school or not. They are the only ones to blame. I wish every citizen of this city would trade jobs with a teacher for a week. I can guarantee you that your opinion would change after the first day. I work hard and take my responsibility to educate every child very seriously.
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related links Posted by 718259 on September 3, 2009 at 9:47 p.m.

Let's all get out there and get these kids back in school. We had 27 kids graduate in addition to the others that are still persevering to get a diploma. These kids need a second chance, and education is their ticket to a better future.

Thanks in advance to all the volunteers that plan on attending this event. We changed lives and made a difference. I can tell you that I was choked up at our H.S. graduation last May when many students were walking the stage because someone cared enough to find them and keep hanging on to them during the school year.

Great job Coles H.S. for working so hard to make a difference!!!

In spite of these statutes, many states and school authorities still harass home-schooling parents.

2009-05-14T22:42:00.000-07:00

11 May, 2009

Why Public Schools Hate Home-schooling Parents

Posted by: admin In: Home Schooling

Home-schooling is a great success. That’s why many public-school authorities hate home-schooling parents.

Home-schoolers are a direct challenge to the public-school monopoly. This monopoly makes it almost impossible to fire tenured public-school teachers or principals. As a result, tenure gives most teachers life-time guaranteed jobs. They get this incredible benefit only because public schools have a lock on our children’s education.

If public-school employees had to work for private schools and compete for their jobs in the real world, they would lose their security-blanket tenure. That’s why school authorities view home-schooling parents who challenge their monopoly as a serious threat.

Many school officials also can’t stand the fact that average parents who never went to college give their kids a better education than so-called public-school experts. Successful home-schooling parents therefore humiliate the failed public schools by comparison.

Home-schooling parents also humiliate school authorities who claim that only certified or licensed teachers are qualified to teach children. Most home-schooling parents thankfully never stepped foot inside a so-called teacher college or university department of education. Yet these parents give their children a superior education compared to public-school educated kids.

Also, many public-school officials resent home-schoolers because the typical public school loses about $7500 a year in tax money for each child that leaves the system. Tax money is the life blood of the public-school system. Tax money pays for public-school employees’ generous salaries, benefits, and pensions. Is it any wonder why school authorities don’t want to lose their gravy train?

For these reasons, until fairly recently, most state legislatures either outlawed homeschooling or tried to strangle it to death with regulations. In 1980, only Utah, Ohio, and Nevada officially recognized parents’ rights to homeschool their children. In most other states, legislators continually harassed or prosecuted home-schoolers under criminal truancy laws and educational neglect charges.

By 2004, however, pressure from parents, Christian home-schooling organizations, and recent court rulings pushed all fifty states to enact statutes that allow home-schooling, as long as certain requirements are met. These requirements vary for each state.

In spite of these statutes, many states and school authorities still harass home-schooling parents. That is because the Supreme Court slapped parents in the face when they gave local governments the right to regulate home-schooling. As a result, many home-schooling parents are still harassed by local school officials.

If you are a homeschooling parent, you must know how to protect your legal rights. To do this, you should seriously consider joining the Home School Legal Defense Association (HSLDA). Founded in 1983, HSDLA provides its members with legal representation against local school officials who might harass you, demand to supervise your home-schooling, or demand to periodically test your home-schooled children. You can join at their web site, http://www.hslda.org.

The Rutherford Institute is another well-known organization dedicated to protecting parents’ rights and providing legal help to home-schooling parents. Their website is http://www.rutherford.org.

Read more information about “Public Schools, Public Menace.”

Tags: hate, public, schooling, schools

(4) That all advertising and representations made on behalf of the school to prospective students are truthful and free from misrepresentation .....

2008-09-23T22:32:00.000-07:00

Chapter 46 PROPRIETARY SCHOOLS

Sec. 46-1. Purpose and construction of chapter.

Sec. 46-2. Definitions.

Sec. 46-3. Establishment of authority of city secretary as proprietary school licensing officer.

Sec. 46-4. Application for permit; permit fee.

Sec. 46-5. Exceptions for accredited schools.

Sec. 46-6. Minimum standards.

Sec. 46-7. Issuance or denial of permit; transferability; renewal.

Sec. 46-8. Administrative appeal.

Sec. 46-9. Appeal to the city council.

Sec. 46-10. Revocation or conditioning of permit.

Sec. 46-11. Bond requirements.

Sec. 46-12. Public nuisances.

Sec. 46-13. Injunctions.

Sec. 46-14. Prohibited acts.

Sec. 46-15. Penalty.

Sec. 46-1. Purpose and construction of chapter.

This chapter is and shall be deemed an exercise of the police power of the state and of the city for the public safety, comfort, convenience, welfare and protection of the city and the citizens thereof, and all of the provisions of this chapter shall be construed for the accomplishment of that purpose.

(Code 1958, § 28A-1; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-2. Definitions.

As used in this chapter, the following terms shall have the respective meanings ascribed to them:

(1) Proprietary school (hereinafter referred to as "school"): Any business enterprise operated for a profit or on a nonprofit basis which maintains a place of business within the city; and (a) which offers or maintains a course or courses of instruction or study; and (b) at which place of business such a course or courses of instruction or study is available through classroom instruction; to a person or persons for the purpose of training or preparing such person for a field of endeavor in a business, trade, technical or industrial occupation, except as hereinafter excluded.

The definition of a proprietary school shall not include the following:

(i) A school or educational institution supported entirely or partly by taxation from either a local or state source;

(ii) A parochial, denominational or eleemosynary school or institution;

(iii) A course or courses of instruction or study sponsored by an employer for the training and preparation of its own employees;

(iv) A course or courses of study or instruction sponsored by a recognized trade, business or professional organization for the instruction of the members of such organization;

(v) Private colleges and universities which award a baccalaureate, or higher degree, and which maintain and operate educational programs for which credits are given. A majority of said credits must be transferable to a college, junior college or university supported entirely or partly by taxation from either a local or state source;

(vi) A private school which provides a basic academic education comparable to that provided in the public schools of the state;

(vii) A school offering a program only for children six (6) years of age or younger;

(viii) A school which is regulated and licensed under the laws of the State of Texas.

(2) Owner: Every person having a legal or equitable interest in the assets, or income or both, of such school--If the school is owned by an individual--That individual; if the school is owned by a partnership--All full, silent and limited partners; if the school is owned by a corporation--The officers and directors of the corporation.

(3) School employee: All instructors, administrators, solicitors, clerical and office personnel employed by the school.

(4) Shop course: A course of instruction in one of the manual arts or industrial arts, sometimes called a "ski,: including but not limited to welding, metalworking, woodworking, automotive mechanics, appliance servicing and repair.

(5) Solicitor: A person who solicits business for a proprietary school, or who offers to sell or sells any instruction or course of instruction offered by a proprietary school.

(6) Notice to the school: Written correspondence sent to the address contained in the application or affidavit.

(Code 1958, § 28A-2; Ord. No. 9797, § 1, 6-17-1970; Ord. No. 9858, § 1, 7-29-1970)

Sec. 46-3. Establishment of authority of city secretary as proprietary school licensing officer.

The city secretary is hereby commissioned, authorized and directed to enforce this chapter, receive all applications for permits issuable hereunder, and receive and receipt for permit fees tendered therefor. The city secretary shall promulgate such rules and regulations as he deems appropriate to govern hearings before him under the terms of this chapter.

(Code 1958, § 28A-3; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-4. Application for permit; permit fee.

Every owner desiring to obtain a permit to operate a proprietary school within the city shall make a verified application to the city secretary (upon forms furnished by the city secretary) setting forth the following information:

(1) The name or title of the proprietary school;

(2) The addresses of the school or schools, administrative offices, dormitories and cafeterias, and other food service and housing establishments connected in any way to the school;

(3) The legal structure of the school (individually owned, partnership or corporation) and the names and addresses of all owners of the school, and if owned by a corporation, the date and state of incorporation, the charter number, the names and addresses of the officers, directors and all stockholders owning more than five (5) per cent of the outstanding shares of the corporation;

(4) A current balance sheet of the school, certified by a certified public accountant;

(5) The names, addresses, educational and teaching qualifications and teaching fields of all instructors employed by the school;

(6) A list of equipment available for instruction in each course of study taught by the school;

(7) The maximum number of students to be enrolled in each course of instruction offered by the school and the ratio of equipment and instructors to students;

(8) The specific fields and courses of instruction which will be offered and the specific purpose of such instruction;

(9) Copies of all contracts or agreements which will be signed by students attending said school;

(10) Copies of all current catalogues, bulletins, published materials, form letters, circulars and all advertising copy which is transmitted to the public or prospective students;

(11) An affidavit by each owner, solicitor and school employee sworn to before a notary public, containing the following information:

(a) Full name and address of said person and the capacity in which he serves the school; and

(b) The city, county and state of said person's permanent residence and places of residence for the past five (5) years; and

(d) Whether or not said person has ever been convicted of a felony or a misdemeanor other than traffic violations, or a crime involving fraud; and

(e) Three (3) persons who may be contacted concerning said person's good moral character; and

In the case of office and clerical personnel, the owner may submit an affidavit setting forth the above information concerning all clerical and office personnel, which information shall be based upon the owner's investigation and knowledge. Information submitted to the city secretary pursuant to subsection (11) shall not be open to public inspection.

(12) A copy of all written contracts or written outlines of all oral commitments or agreements made by the applicant with an apartment house owner for student housing, or with the owner of an establishment serving food to students, or with any other person planning to perform services for the students to be enrolled and to whom the students may be referred by the school.

(13) The applicant shall attach to the application a permit fee in the amount of twenty-five dollars ($25.00).

(Code 1958, § 28A-4; Ord. No. 9797, § 1, 6-17-1970; Ord. No. 9858, §§ 4, 5, 7-29-1970)

Sec. 46-5. Exceptions for accredited schools.

Any proprietary school accredited by a nationally recognized accrediting agency approved by the United States Office of Education under the provisions of Chapter 33, Title 38, U.S. Code, and subsequent legislation which requires the evaluation of such agencies and the issuance of an official list by that office and those schools approved by the veterans approval agency of the Texas Education Agency shall not be required to file the matters set out in section 46-4, subsections (5) through (12); provided, however, that the city secretary may, after due notice to the school, require the filing of the information contained in such subsections (5) through (12). In lieu thereof, such school may file an affidavit attesting to its accreditation or approval as herein set out with the twenty-five dollar ($25.00) permit fee attached thereto. In the event said approval or accreditation is withdrawn, the owner shall immediately notify the city secretary of the withdrawal of accreditation or approval and file with the city secretary within ten (10) days the information set forth in section 46-4.

(Code 1958, § 28A-5; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-6. Minimum standards.

No proprietary school located in the city shall be issued a permit to operate under the provisions of this chapter until the city secretary shall have determined that said school is maintained and operated, or in the event of a new school that said school can be reasonably maintained and operated, in substantial compliance with the following minimum standards:

(1) That the school applying for a permit is in solvent condition;

(2) That the school has presently available, of quality and kind customary for the type of schooling proposed, space, equipment and instructional materials to train the number of students proposed to be enrolled in the courses that are advertised and scheduled;

(3) (a) That, for each shop course offered by a school, there shall be not less than one qualified teacher or instructor for each class of twenty (20) students, or less; provided, however, that whenever such teacher or instructor is assisted by an adult aide, working in his presence in the class, such class may include not more than thirty (30) students. A nonshop course shall have a ratio of not less than one teacher to thirty (30) students.

(b) During the conduct of a class the teacher or instructor in charge shall have full visibility of the entire classroom and the classroom shall be arranged to afford such visibility.

(c) Every school instructor shall possess the training, by education and/or experience, customary for teachers of the course he professes and for which he is assigned by the school.

(4) That all advertising and representations made on behalf of the school to prospective students are truthful and free from misrepresentation and fraud;

(5) That any dormitory or eating facility offered by the school or with which the school has any contractual connection, is clean, healthful, safe and adequate for the number of students proposed to be served and that the supervision of the same is adequately maintained at all times;

(6) That the premises and conditions under which the students work or study shall be sanitary, healthful and safe according to the standards required by the health department of the city and of the state and by the fire prevention code of the city;

(7) That prior to enrollment, the student has been presented with a published statement of total tuition charges and/or part payments thereof, fees required, and all charges to be made for books, equipment, and supplies needed by the student, and if housing is provided for the students, all charges therefor, or if housing is not furnished, a statement to that effect;

(8) That the school adheres to a tuition refund schedule, if any, as presented to the student in published form prior to enrollment in the event that the student shall discontinue the training or be excluded therefrom;

(9) That the school is equipped and able at all times to comply with its contractual relationships with the enrolled students;

(10) That the facilities, class instruction rooms, housing quarters, and eating facilities shall at all reasonable times be open to inspection by city secretary or his designated agents;

(11) That all equipment furnished shall be suitable and modern in nature, similar to that which is customarily used in the work that would be performed by a student taking that course of instruction upon completion of the course;

(12) Such other reasonable standards as the city secretary may promulgate and publish, and which are adopted by ordinance of the city council, after notice to the affected schools and a reasonable time allowed for compliance.

(Code 1958, § 28A-6; Ord. No. 9797, § 1, 6-17-1970; Ord. No. 9858, § 2, 7-29-1970)

Sec. 46-7. Issuance or denial of permit; transferability; renewal.

(1) On the final passage of this chapter, each proprietary school as defined herein, shall within thirty (30) days make application for a permit under the provisions of this chapter. Failure to make such application shall be considered a violation of this chapter, and each day that the applicant fails to make application shall be considered a separate violation.

(2) Upon receipt of the application specified in section 46-4 hereof, the city secretary shall within twenty-one (21) days consider said application and either issue or deny a permit to operate a proprietary school. An assistant city attorney and the chief of police shall aid the city secretary in evaluating and investigating any application upon request by the city secretary. The director of planning and urban development and director of finance shall provide written comments to the city secretary about the application within fourteen (14) days of its receipt by the city secretary. The city secretary may consider both oral and documentary evidence concerning the issuance of said permit from any interested person.

(3) If the city secretary is of the opinion that the applicant has complied with the provisions of this chapter, then he shall issue a permit to operate a proprietary school to said applicant.

(4) If the city secretary, after considering said application, shall determine to deny the applicant a permit, the city secretary shall specify the reasons therefor, provided, however, that said reasons for denial shall not be binding upon the city secretary in any subsequent proceeding. He may deny an applicant a permit on the ground that an owner or solicitor of the school has been convicted of a felony or a misdemeanor involving moral turpitude, or a crime involving fraud. Pending the final determination of the issuance or denial of a permit under the provisions of this chapter, a school in operation when the permit application is filed with the city secretary may continue to operate. Any school which is not in operation when said application is filed may not begin operation until its application is granted.

(5) The permit shall be issued to the owners of said proprietary school and shall be nontransferable. The permit specified for herein shall be for a period of one (1) year. Thereafter, each owner of a proprietary school shall make application for a permit at least thirty (30) days prior to the expiration of the current permit. In the event of a change of ownership of the proprietary school, the permit specified herein shall be revoked by operation of law and the new owner of the proprietary school must within ten (10) days after the change of ownership, apply for a permit to operate a proprietary school.

(6) After the issuance of the permit, the school shall file with the city secretary all contracts and agreements specified in subsections (9) and (12) of section 46-4 hereof which are to be used by the school and which have not heretofore been filed with him.

(Code 1958, § 28A-7; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-8. Administrative appeal.

Should the applicant be dissatisfied with the denial of the permit by the city secretary, the applicant shall within seven (7) days after receipt of notice, file with the city secretary a request for an administrative hearing before the city secretary on said denial, which officer shall, within five (5) days after the receipt of said notice, set a time and place for said administrative hearing on the denial. Said hearing shall be held within twenty-one (21) days from the receipt of the request for a hearing. At said administrative hearing, the applicant may appear in person or by counsel and present evidence to the city secretary in support of the granting of the permit specified herein. The city secretary, upon his request, shall be furnished counsel by the city legal department. All interested persons may also appear and present oral and documentary evidence to the city secretary concerning the issuance of a permit to the applicant, and all parties shall have the right to cross-examine. The city secretary shall within seven (7) days issue an order granting or denying a permit for the operation of a proprietary school in the city and stating the reasons therefor.

(Code 1958, § 28A-8; Ord. No. 9797, § 1, 6-17-1970; Ord. No. 9858, § 3, 7-29-1970)

Sec. 46-9. Appeal to the city council.

If the applicant for a permit under this chapter is dissatisfied with the order of finding of the city secretary after an administrative hearing before the city secretary, he shall have the right to appeal to the city council by filing a written notice of such appeal with the city secretary within ten (10) days after receipt of the notice that his permit has been denied or revoked. Upon the filing of such notice of appeal, the application for said permit and all papers possessed by the city secretary in connection with such application and such permit shall be delivered to the city council and such matters as may be in controversy shall be heard by the council within fourteen (14) days after receipt of notice of appeal and the council shall, within ten (10) days thereafter, affirm, reverse or modify the order of the city secretary. The parties may appear in person or by attorney, present evidence and have the right of cross-examination.

(Code 1958, § 28A-9; Ord. No. 9797, § 1, 6-17-1970; Ord. No. 9858, § 6, 7-29-1970)

Sec. 46-10. Revocation or conditioning of permit.

The city secretary shall have the authority to revoke the permit theretofore issued by him or to place reasonable conditions upon the continued operation thereunder. Before revoking or conditioning said permit, the city secretary shall afford the applicant or holder of such permit an opportunity to be heard in connection therewith in person or by counsel and that officer shall, at least thirty (30) days prior to the date set for a hearing on such revoking or restriction, notify in writing the holder of such permit of the date and purpose of said hearing and assign therein the grounds for the action contemplated to be taken and as to which inquiries shall be made on the date of such hearing. After decision of revoking or conditioning by the city secretary, a proprietary school permit may be revoked or conditioned by the city secretary for the following reasons:

(1) The failure of the permit holder to comply with the minimum standards required of a proprietary school under the provisions of section 46-6 hereof; or

(2) The use by an employee, solicitor or representative of the school with the knowledge of the owner of fraud or misrepresentation in procuring a student's enrollment; or if any such incident is called to the attention of the owner and remedial steps are not taken by the owner including restitution of fees collected and expenses incurred by the prospective student; or

(3) The failure on the part of the school to carry out and comply with each and every contract and agreement made and entered into by said school with any student; or

(4) The use by the school of deceptive or fraudulent advertising in any form; or

(5) The violation by the owner of a school of section 46-14(1)(c) hereof; or

(6) The filing of false information with the city secretary by an owner of a school; or

(7) The failure of the owner of the school to notify the city secretary in writing of the withdrawal of accreditation or approval as required in section 46-5 hereof.

(Code 1958, § 28A-10; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-11. Bond requirements.

(1) The city secretary shall not issue a permit to operate a proprietary school until the applicant has filed with the city secretary a bond in the sum of ten thousand dollars ($10,000.00) signed by a solvent surety company authorized to do business in the state, payable to the city, conditioned to provide indemnification to any student or enrollee or his parent or guardian suffering loss or damage as a result of:

(a) Any fraud or misrepresentation used in procuring his enrollment; or

(b) The failure on the part of the school to carry out and comply with each and every contract and agreement made and entered into by said school, acting by and through its officers and agents with any student or enrollee; or

(c) The student's inability to complete the course or courses because the school ceased operation, or failed to furnish the facilities advertised or included in the contracted agreement.

(2) The aggregate liability of the surety as to the total of all claims and demands under the bond is limited to the penal sum of ten thousand dollars ($10,000.00).

(3) A surety on said bond may be released therefrom after said surety shall have made a written notice thereof directed to the city secretary at least thirty (30) days prior to said release, provided, however, that such release shall not affect the surety's liability for acts arising prior to the surety's release.

(4) The surety bond shall cover the period of the permit except when said surety shall be released in the manner provided by subsection (3) hereof.

(5) The permit shall be suspended by operation of law when said proprietary school is no longer covered by a surety bond as required by this section; but the city secretary shall cause said proprietary school to receive at least ten (10) days' written notice prior to the release of said surety to the effect that said approval shall be suspended by operation of law until another surety bond shall be filed in the same manner and like amount as required for the initial surety bond.

(6) Each solicitor shall have a bond in the amount of one thousand dollars ($1,000.00) conditioned that he will reimburse any student or prospective student for any money paid or expenses incurred as a result of fraud, or misrepresentation in securing the enrollment of the student. All such bonds and any action thereon shall have venue in Corpus Christi, Nueces County, Texas, and shall be filed with the city secretary. Any solicitor who solicits business for a proprietary school, or who offers to sell or sells any instruction or course of instruction within the city offered by a proprietary school located outside of the city shall file a bond as herein provided. The aggregate liability of the surety as to the total of all claims and demands under the bond is limited to the penal sum of one thousand dollars ($1,000.00).

(7) The city secretary may notify the affected surety company of any alleged violation of the bond required by section 46-11(1) which may come to his attention.

(Code 1958, § 28A-11; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-12. Public nuisances.

The violation of subsections (1)(a), (1)(b) or (1)(c) of section 46-14 hereof is declared to be public nuisances.

(Code 1958, § 28A-12; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-13. Injunctions.

Whenever the city secretary has probable cause to believe that any proprietary school has committed any of the acts declared in section 46-12 hereof to be a public nuisance, the city secretary shall have the duty to make application to a court of competent jurisdiction for an injunction restraining the commission of such acts.

(Code 1958, § 28A-13; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-14. Prohibited acts.

(1) It shall be unlawful for any owner or school employee of a proprietary school within the city to:

(a) Operate such school without a valid permit to do so issued by the city secretary; or

(b) Utilize advertising designed to mislead or deceive prospective students; or

(c) Accept a contract from a solicitor who does not have a bond as required in section 46-11(5) hereof in effect and on file with the city secretary.

(2) It shall be unlawful for a solicitor to:

(a) Solicit a prospective student without having a bond as required in section 46-11(5) hereof in effect and on file with the city secretary; or

(b) Use fraud or misrepresentation in procuring a student's enrollment.

(3) It shall be unlawful for any owner or school employee to violate any provision of this chapter.

(Code 1958, § 28A-14; Ord. No. 9797, § 1, 6-17-1970)

Sec. 46-15. Penalty.

Any owner or school employee who commits any prohibited act as set out in section 46-14 hereof shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine as provided in section 1-6, and each day that any prohibited act continues shall constitute a separate offense.

(Ord. No. 9797, § 1, 6-17-1970)

Attendance Matters: Giving Credit Where Credit is Due! An Inspirational Teacher. Makes All The Difference!

2008-06-18T07:04:00.000-07:00

This Is Most Demonstrative when it comes to Attendance and non attendance and who is Making All The Difference; to whom is attendance attributed

The Institution of Education it's Leadership and the learning environment apparently The Biggest Factor Contributing To Attendance and non attendance?

AikiRooster

Centurion

Gear

Post; All 'Here': Fifth Grade Class Has Perfect Attendance for Year

CORPUS CHRISTI, Texas — Denisa McBee's fifth-grade class was just perfect this year.
All 21 of the students in her Mathis Intermediate School class in Corpus Christi earned perfect attendance honors, answering a challenge that began after no one missed class for the first two weeks. McBee challenged them to make it six weeks, then a semester, then a year.
And they did it — for 175 days.
"The kids felt awful some days but were determined to do this," McBee said in a story for Monday's Corpus Christi Caller-Times. "One child was in a car accident with his father on a Sunday. We had Monday off, but he came limping in on Tuesday," McBee said.
She said the students learned about dedication and commitment, their grade-point averages increased and she never had to re-teach a lesson to absent students.
McBee said she never had to bribe the students.
"It wasn't like if you do it, you get this," she said. "All they got was recognition, and that was enough for them."
Along the way they road in a holiday parade, had a picnic and went to movies to celebrate their accomplishments. The final celebration was an overnight camping trip at Lake Mathis on May 30.
McBee joked that she was afraid no one would want to be in her class next year.
"I just happened to have a group of kids who had the initiative to come up with this idea and do it," she said. "Every year your group of kids is different. I'd never put pressure on kids or tell them you have to do this.
According to the Texas Administrative Code, a student must be in the classroom for at least two hours to be considered present. School administrators said if a student is in class until 10 a.m., he or she is counted present.

http://www.foxnews.com/story/0,2933,367350,00.html

1 Day Ago	Post 2
senojekips Tribunus Laticlavius	More teachers like Mrs McBee. Now there's a teacher who can relate to kids, I think that she's worth a pay rise. __________________ "Too thick to change, and too old to care" http://www.geocities.com/senojekips/Index.htm

1 Day Ago	Post 3
AikiRooster Centurion Gear	Yeah, obviously she was doing something right and knows how to get production from folks, kids no less, even harder probably than adults. These are our future leaders, at the very least, the attendance is great and sets a great example for themselves in their future and for others, kids and adults.

1 Day Ago	Post 4
Sevens Forum Brat Gear	Awesome. __________________ Woe to the man or woman who thinks that the capacity to kill is not lurking behind these civilized eyes. -- James Woods Clear eyes. Full hearts. Can't lose.

21 Hours Ago	Post 5
Del Boy Tribuni Angusticlavii	Inspirational teacher. Makes all the difference. __________________ . I’ve been a puppet, a pauper, a pirate, a poet, a pawn and a king. I've been up and down and over and out and I know one thing . Each time I find myself flat on my face I pick myself up and get back in the race.

This kid is crying for help........boot camp!

2008-06-13T02:36:00.000-07:00

Teen, CC officer involved in fight

staff reports
Originally published 10:16 a.m., June 10, 2008
Updated 10:16 a.m., June 10, 2008

CORPUS CHRISTI — Two Corpus Christi police officers were needed to subdue a 15-year-old boy who was the subject of a disturbance call Monday night on the 400 block of Breckenridge Drive.

When the first officer arrived after 7:30 p.m., the teen, who is much larger than his father, pushed his father and began to fight with the officer. When the second officer arrived, the teen was on top of the officer on the ground. The teen was subdued when the second officer arrived and he received a small cut below the right eye, according to police. Neither officer was injured.

Police said the father did not help the officer because he is afraid of his son.

The teen was arrested for assault and resisting arrest and taken to Nueces County Juvenile Justice Center.

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(102) User Comments:
Reply to this Post | Suggest removal
related links Posted by 243882 on June 10, 2008 at 10:31 a.m.

Sad when you cannot control your offspring. Even sadder when they attack you.
Reply to this Post | Suggest removal
related links Posted by 425944 on June 10, 2008 at 10:32 a.m.

Throw the book at him. Some of these 15 year old punks think the world owes them something.

Take away free room and board, food, gas, car, phone that the parents are undoubtedly paying for and what has he got left? NOTHING.

Maybe he'll appreciate some downtime in the slammer. If not, he's got a tough row to hoe.
Reply to this Post | Suggest removal
related links Posted by 444846 on June 10, 2008 at 10:36 a.m.

Can't you give them to the state when you can't control your children? Thank God I have good kids.
Reply to this Post | Suggest removal
related links Posted by 712045 on June 10, 2008 at 10:41 a.m.

Let Bubba take care of this punk in the big house.
Reply to this Post | Suggest removal
related links Posted by 253187 on June 10, 2008 at 10:43 a.m.

We don't know the full story. Many posts often jump to conclusions. Certainly what he did was wrong, but is he mentally ill? I hope that the parent(s) have given or will give firm consequences or tough love. Maybe the family can get some help as well. Good luck to the family.

"Giving them to the state" or "throwing the book" at them won't help anyone in the long run! What do they become, when they eventually get out (which is most)! We still have to deal with delinquent children and adults in society.
Reply to this Post | Suggest removal
related links Posted by 712987 on June 10, 2008 at 10:43 a.m.

I really feel bad for the father but this is a perfect example when you give your child everything they want and then try to set limits when they get older.

If this child is this threatening then his behavior could lead up to someone losing their life. Courts need to take that into consideration. Is that place in Kingsville still open? I fogot the name but that is where they sent unruly kids that parents could not control.
Reply to this Post | Suggest removal
related links Posted by 699858 on June 10, 2008 at 10:46 a.m.

Son is much larger than father.....Father calls police...
Police arrive @ home, 15yr old whaling on cop.....
2nd officer arrives, subdue 15yr old...Father afraid to assist????

I'm 36 yrs old 5'11, 220...my dad 74 yrs old 5'7 180...
I love and respect my father, he is my HERO!!!
Count back 15 or 20 yrs ago, I'd never dare raise my voice
to my father or mother for whatever reason. We are all raised
differently, but not once was I or my brothers (3) or sisters (5)
disciplined w/a spanking...We just knew better....

P.S. - I'm sure if I had ever gone @ my father then, he would've
of kicked my a$$!!!!

This juvenile punk needs to get his A$$ whipped!!!

-Oz
Reply to this Post | Suggest removal
related links Posted by 233087 on June 10, 2008 at 10:50 a.m.

to post 253187,

Stop hugging the tree and realize that sometimes punishment is needed.
Reply to this Post | Suggest removal
related links Posted by 712060 on June 10, 2008 at 10:55 a.m.

in response to 444846

That's sort of true. A detention hearing will be held within 48 hours. At that point, it is determined by the court to have the child placed back into the facility or send him back home. If dad says he can't or won't take him back home, CPS is called and the dad will be investigated for child abandonment. CPS will then try to place the kid with any relative willing to take him in. If no relative steps up, then the kid will be placed in foster care or shelter. Sine he assaulted a cop, he'll probably be placed on probation or deferred prosecution. Which will make it harder for him to find a foster home.
Reply to this Post | Suggest removal
related links Posted by 703885 on June 10, 2008 at 10:57 a.m.

This is the start of his new wrap sheet. Now he is not scared. Say hello to a new criminal.
Reply to this Post | Suggest removal
related links Posted by 712987 on June 10, 2008 at 11 a.m.

in response to 699858

See you are a product of what good parenting is all about. Given you cuss, but who doesn't.

Respect, honor, and obey were one of the many things we were taught as kids. My parents were party animals themselves but were strict as can be on us. We are raising kids in todays world and it is hard. We are strict on our kids but we have noticed the behaviors that they are picking up from other children at school. It is frustrating but we can not let off of them or they will become a nightmare for us. They are very young and we have been instilling good behavior skills since they learned how to crawl and get into things.
Reply to this Post | Suggest removal
related links Posted by 705049 on June 10, 2008 at 11:03 a.m.

This kid is lucky I didn't arrive on the scene. It wouldn't have been a very long fight at all.
Reply to this Post | Suggest removal
related links Posted by 700317 on June 10, 2008 at 11:09 a.m.

My kudos to the officers. In a lot of cases, this story would have been 15 year old shot by police. I hope the judge explains to this young man that he could easily have lost more than his freedom in this situation. Thank you CCPD for exercising restraint and giving a 15 year old a chance to grow older and hopefully wiser.
Reply to this Post | Suggest removal
related links Posted by 592398 on June 10, 2008 at 11:10 a.m.

NO we don't know the story but most likely this is a punk kid who thinks the world owes him. Tough love - send him to boot camp and let them show him what respect is supposed to be about. Let them work him outside in the heat with no video games, friends, punk rock music. Let them scare him into respect.

But again, it starts when they are little. Parents often let it go until it is to late. I am not the perfect parent, BUT I did not let my son tell me what he was going to wear. I bought his clothes and he wore them. He didn't wear pants falling off his butt, he didn't wear big baggy t-shirts, he didn't grow his hair long. As a teen he knew the rules and he knew that if I followed up on something he told me, then it better be true, he knew if I found out that he wasn't where he said he would be then there would be a consequence. I didn't have a problem driving to the high school and taking his truck home when I got a call from the principle that he had been doing doughnuts in the parking lot (those doughnuts cost him six weeks without a truck and stuck at home with mom) His room had to stay clean, he knew I would check it every couple of days, he had to mow grass and do chores or he didn't get to go with his friends to the movies, etc. It starts with disicpline when they are young and follow through all the way through high school. If you never allow them to take the upper hand with you they learn respect.
Reply to this Post | Suggest removal
related links Posted by 239536 on June 10, 2008 at 11:14 a.m.

I have to wonder why a child would disrespect their parent like this. Sure we blame this on a 15 year old boy but is it truly all his fault? Has his father always been there for him and has he been a good role model? We don’t know the answers to these questions so how can we possibly pin this all on this 15 year old. If you look at most of the children that are in trouble and then look at their parents then we will understand why they are growing up to be so out of control. It is the parents sole responsibility to instill good manners and behavior in their children the minute they see them acting in a manner that is not accepted and that starts early on in the child’s life.
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related links Posted by 277671 on June 10, 2008 at 11:19 a.m.

Yeah, boot camp!!
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related links Posted by 351307 on June 10, 2008 at 11:27 a.m.

it's cause these punks don't have anything to do in the summer and they spend all day playing grand theft halos on their nintendos learning to kill people and are brainwashed to vote for Barack Osama. It's sick. When I was a kid we didn't get to mess around in the summer and beat up our dads we had to go pick cotton.
Reply to this Post | Suggest removal
related links Posted by 287001 on June 10, 2008 at 11:34 a.m.

in response to 705049

Give yourself some credit. You would've lasted a minute or two before the kid KO'd you.
Reply to this Post | Suggest removal
related links Posted by 710237 on June 10, 2008 at 11:41 a.m.

How sad.

I'm sure this kid has been like this since he was 2 years old. Out of control. No limits. No discipline. No respect. Poor modeling. All year he has been a pain in the neck at his school.

I wonder why the police officers didn't use their taser gun? To me it would have been appropriate. That would have given him the shock of his life. I think we should give the dad a taser gun for Father's Day so he can have a peaceful life becaue the way things are going now it all does not look too promising as long as his son is around.
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related links Posted by 262709 on June 10, 2008 at 11:49 a.m.

Sad Times Bro.......Sad Times
Reply to this Post | Suggest removal
related links Posted by 257643 on June 10, 2008 at 11:53 a.m.

Whats the matter when a cop cannot control a teen. Size should not matter. Don't they make cops lift weights anymore? Stop eating donuts and pump some iron.
Reply to this Post | Suggest removal
related links Posted by 699858 on June 10, 2008 at 11:57 a.m.

Post 712987,

I appreciate you understanding where I am coming from....
As for the cussing, this is not a trait I picked up from my parents nor was it allowed (not that you said that), just want to get the record straight.

As for raising kids in today's tough world? Hardly....
My father worked the grave yard, picked up shifts where he could in
other labor jobs...My father epitomizes the term hard worker. My dad is the definition of a MAN who took care of his family. My mother was a homemaker....Basically, her job was to take care of us..which I can't imagine being an easy task in raising children from the ages of 12 downward to an infant in diapers (me)..

With this said, as my 3 older brothers along w/my 5 sisters and I moved through our young teenage years, never were we a problem for my parents.They worked hard and found time to nurture us.. We knew as long as we lived under the very roof in which they provided, the rules were simple...Whatever mom & dad say goes. Until we moved out then we could stay out late, aside from that, we had our curfew and our chores...We were taught to love one another, respect one another, and know the meaning of responsibility.

Raising a child in this day and age in my humble opinion is but a cake walk....as for bad kids around them, simply don't let your kids be part of those bad apples....
Reply to this Post | Suggest removal
related links Posted by 233517 on June 10, 2008 at 12:01 p.m.

Maybe this kid was on drugs. You'd be surprised at how strong even the smallest person can be when out of control on certain drugs. I witnessed a very small woman who didn't take her medication for a mental illness she suffered from. It took 6 officers to subdue her and that was after she bit and kicked some people. I think under normal circumstances one cop could have taken her down, but her strength was amazing since she wasn't on her meds. It could be the same thing in this kid's situation. Either he's on something or not taking meds he is supposed to be taking. None of us know.
Reply to this Post | Suggest removal
related links Posted by 711040 on June 10, 2008 at 12:06 p.m.

One bullet between the eyes!
Reply to this Post | Suggest removal
related links Posted by 234821 on June 10, 2008 at 12:07 p.m.

Honestly, and I know this is going to be cliche, but I blame government. It was the politicians who were beaten as children and now cry abuse when a parent attempts to discipline their child with a good old fashion butt-whoopin'.

Children act out in school and the parents are blamed, even fined, for the behavior of thier offspring. When I was in school and did something against the rules, I got the mean side of the principle's wooden paddle, then when I got home, I got the leather belt from dad. I grew up to be a responsible adult in my most humble opinion.

Now, a kid can beat the hell out of someone and get suspended (yay! get to play on the xbox and miss school!) or for something less serious they are given quiet time or detention.

I would like to take parental control of that teen for a few weeks, teach him discipline the way I was raised and let's see if he doesn't become a model citizen.
related links Posted by 262375 on June 10, 2008 at 12:13 p.m.

(This comment was removed by the site staff.)
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related links Posted by 298842 on June 10, 2008 at 12:39 p.m.

This 15 year old did not get this way over night.
He will do anything if he attacked his own father, attacked a police officer, would not subdue to the second officer arriving without more fight.....he is sick in the head, maybe needs meds.....a full evaluation. This is NOT normal.

Fat chance a family member will want to take him in, and he is messed up for life if he does not get the right help, counseling and medication or whatever he needs, and now......otherwise, he will join the criminal element for life.....and the taxpayers will be paying for his upkeep in PRISON.
He won't make it in society acting like this.
Reply to this Post | Suggest removal
related links Posted by 235933 on June 10, 2008 at 12:46 p.m.

Our teen son (14) got into his mother's face whaile I was away on a business trip two weeks ago. When I found out all hell broke loose and he was grounded for a month and put on house probation for one year. He plays sports and wants for nothing, so there is plenty to take away if he every attempts to bully his mother in her own house again.

If it does, then MY form of punishment will come into play, but where and why this type of attitude can come out of left field can happen in the first place is beyond me. Especially since he has not been raised in anything other than a supportive and nuturing environment.
Reply to this Post | Suggest removal
related links Posted by 236920 on June 10, 2008 at 12:46 p.m.

This son does have a problem. For one he has no respect for his elders. If foster house is needed, who in the world will take him, nobody wants to deal with such, especialliy when they are not kin to you. Even if kin, people tend to shun away relatives that are bad. Good parenting is needed, You are to be the guides of your children, for if they are not guided the right direction, they will go astray, and who goes astray the good road? This kid needs to be reprimended and not with just a slap on the hands, he needs to be put to work. Wonder if this is the first offense, probably not, if the dad was afraid of him. Hope all goes good, but I believe this is the beginning of calls to CCPD from that house.
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related links Posted by 712987 on June 10, 2008 at 1:02 p.m.

in response to 699858

Our children are under the age of 10 and we don't allow them to be friends with troubled chidlren. It is the kids that they have to be around in school that they notice their behaviors and want to mimic them but it is cut short the very first time it is shown.

Oh and I was a cusser too. Not by parents choice but becasue I entered junior high exposed to a lot of it and thought it was cool. Now I wish I could stop it. We just refrain doing it in front of the kids.

I remember getting our butts spanked for misbehavior. Not to mentioned as soon as we were old enough my dad would take us to his property and make us do hard labor as part of our punishment. We hated that. We may have gotten into trouble as kids (we all do to some degree) but one thing we did not do was show any disrespect to our parents, grandparents, aunts, uncles and adults.

For the poster commenting on why couldn't the cop handle this kid- you can ask that with a little more respect. Making fun of them with the donuts was not neccessary. Believe it or not it doesn't matter how much training you have, if someone is very strong then they are fighting the same force as the police. There is going to be a struggle and there will need to be back up in case the subject gets the upperhand. It happens. If you can do a better job then please join the police force. They need more officers right now and if you can take down a kid like this then you will definately be needed. Just what are you going to do if you have to go to a domestic call and while you are arresting the brut for beating his wife she comes from your backside and starts hitting you? How would you handle it if you haven't got the brut in cuffs? There are strong ppl out there and just because he is 15 doesn't mean he is a wimp. I am sure there is more detail in the report that was written.
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related links Posted by 712987 on June 10, 2008 at 1:14 p.m.

in response to 298842

Could there be a possibility of him being on steroids? Even if he is a natural hot head he should know better than to continue this kind of behavior once police showed up. Why would he want to fight police?
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related links Posted by 712987 on June 10, 2008 at 1:15 p.m.

How big and tall was this kid?
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related links Posted by 233256 on June 10, 2008 at 1:18 p.m.

How sad that kids nowadays are meaner and more disrespectful than ever. I am 37 years old and back when I was in school there were a few bullies at school and the occasional prankster but the situation with kids in today's world is nothing but pure disappointment. My husband doesn't believe me when I tell him that I was a well-behaved kid and not once was I sent to detention back then or sent to the principals office.

I think that the reason why all these kids have ADHD is from all these hormones, pesticides, chemicals and God knows what else is put in the food we eat and it affects them more than it affects a grown up because their bodies are still developing. It also has to do with parents working more hours at their job or sometimes working 2 jobs just to make ends meet but they still have to dedicate time to their kids. And also the fact that there are a lot of single mothers with more kids than they can handle. Don't get me wrong , I'm not critizising women that go through divorce or all of a sudden become widows, I'm talking about the one's that sleep around and have 5 or more kids all from different fathers.

It also has to do with the upbringing of the kids. If they are not brought up in a loving environment and the parents are abusive to the kids because they were abused as kids, then it's a viscious cycle that will never end. All you have to do to confirm this is go to any public place and sure enough you will encounter one of these scenarios where the kids are misbehaving and the parents will just let them have it right there and then.
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related links Posted by 243871 on June 10, 2008 at 1:24 p.m.

Some of you people on here are just plain dumb.

" Good thing I didn't arrive , would have been a long fight", "Bullet between eyes"

Not every family gives there kids everything they want and then take it away as one suggested.

Why do you judge people you don't know , before you get the whole story.As for dad not helping the cops subdue him because he was afraid. How do you know he wasn't afraid the cops would have turned on him or someone would have gotten really hurt You do not assist a police officer when they are trying to control someone unless they are in real danger.

So find out the whole truth before making a decision to kill or mane this parent or child
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related links Posted by 702401 on June 10, 2008 at 1:27 p.m.

in response to 592398

AMEN my friend you have the right idea. Kids need to learn very early on who the parent is and this all can be done without a spanking, Good For You!!!
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related links Posted by 712989 on June 10, 2008 at 1:34 p.m.

Well! That's Americans for you!
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related links Posted by 713073 on June 10, 2008 at 1:43 p.m.

Just another example of how our politically correct society has kept us from properly disciplining our children. I hope this kid gets the proper punishment, both from the system and his family.
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related links Posted by 233939 on June 10, 2008 at 1:47 p.m.

in response to 253187

There is a quote that I live by and I don't plan on stopping anytime soon so there will be no need for you to reply to me.

"Never argue with stupid people. They will only bring you down to their level and beat you with experience."

With that being said, it is appeaser like you who are the cancer in the Rump of America today.

We should talk to our enemies no matter how mentally deranged or brain washed they are. We should never take action.

Well guess what, talking never works unless the person you are talking to understands that there are even less enjoyable consequences if and when the talks fail.

By actually taking action every now and then it sets a precedent on which the talks become exponentially more persuasive.

Your assertion that being a mentally ill superhuman changes the fact that he is a danger to his family and society is so ignorant I forgot what I was going to say. I feel less intellegent after reading it.
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related links Posted by 447583 on June 10, 2008 at 1:52 p.m.

I am shocked at the fact that the father is afraid of his son. I am a single mother of two sons. They are not allowed to speak vulgar language at home and especially around adults. I have taught them to RESPECT people. My sons are of large stature but they respect and accept whatever discipline is given when needed. I just don't understand this young generation at all when ther are no morals, no respect and no demands are expected of them. Seems that parents who fear their children are only creating problems for society.
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related links Posted by 235152 on June 10, 2008 at 1:52 p.m.

Wow...how big was this kid? Took out his dad and a cop?! Sounds like he has a future in the NFL!
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related links Posted by 322991 on June 10, 2008 at 1:58 p.m.

response to 235933
if this is new and odd for your son then you need to shadow him and find out who he is hanging with. New friends with bad influences often cause usually good kids to start down that dark path and drugs.
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related links Posted by 711808 on June 10, 2008 at 2:06 p.m.

in response to 233939

"Never argue with stupid people. They will only bring you down to their level and beat you with experience."

...and then you proceed to :) typical! hahaha
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related links Posted by 238181 on June 10, 2008 at 2:20 p.m.

in response to 699858

Amen...I got a spanking once in a while but all it took was a look and I knew I'd better behave..that is what these kids do not have is respect. I'm married and I still wouldn't even think of rolling my eyes at my father. I agree with the kid getting an A%^ whipping!

anorman
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related links Posted by 238181 on June 10, 2008 at 2:26 p.m.

in response to 234821

Amen! I remember the paddle in elementary...never saw it but just the idea of it was scary enough. You are so right...and I think coporal punishment should be brought back into the school systems (I know that is going to open up a can of worms) because when we had that, we had respect and that is all gone now.
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related links Posted by 342621 on June 10, 2008 at 2:30 p.m.

I am a mother of 3 son's widow for 20yrs I have raise my son's by my self.... All three have ONCE talked back to me and I slapped in
the mouth... with no regrets...and told them never to do it again....if they didn't like it here there was the door.... see if it was better outside on there own......but no one in this house was going disrespet me....the were about 10 or 14 at the time... they never did it again...One of them even threated to call the police ..and I gave him the phone... told I go to jail and you go to foster home...which is fine with me... It's hard to raise children to right path....but you have to give all you can....and don't your children tell what to do...
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related links Posted by 262348 on June 10, 2008 at 2:31 p.m.

in response to 235933

My 10 cents worth of the day:

Sometimes this stuff does come out of left field. Our children will test their boundaries, and they find out at a very young age just how far they can push (will they get a spanking? probably not in todays world), they throw a fit and embarrass their parents in a store so they give them what they want to shut them up. As they get older, they push more and more boundaries. Our jobs as parents are to set the boundaries and then make them rock solid.

When my oldest son was 16 he was 6'1". I am 5'3". One day, after getting tired of looking at stringy, greasy hair, I took him to Moore Plaza to get a haircut. He simmered, pouted, and fumed all the way through the haircut. When the girl didn't take off enough, I had her take off more. When we walked out of the shop, he turned on me and started screaming at me in the middle of the parking lot! He had NEVER done anything like that before. What did I do? I showed him the consequences of his actions. I hauled off and smacked the crap out of him on the spot. Later, he came to me and apologized for screaming at me like that. Child abuse? I think not, but if anyone wants to report me he is 20 years old now, you can ask him what he thinks. I guarantee you, he will tell you that he deserved it.
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related links Posted by 262348 on June 10, 2008 at 2:36 p.m.

in response to 236920

"This kid needs to be reprimended and not with just a slap on the hands, he needs to be put to work."

I love that! I know I gave my 10 cents worth already, but...I have to share this. My sister married a man who had 3 teenaged daughters. The oldest 2 didn't want to go to school, didn't want to do their chores, etc. Her answer was to load them up with so many chores that they were happy to go to school, and they graduated! Then they didn't want to get jobs...LOL, yep you guessed it! I am happy to report that they are now very hard working young ladies.
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related links Posted by 262348 on June 10, 2008 at 2:39 p.m.

in response to 712987

Well said.
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related links Posted by 342621 on June 10, 2008 at 2:50 p.m.

342621 By the way all three of them apologized and told me I LOVE
YOU . MOM... it won't do it again....if I would have let them get away it once they would have done it again,and again....until it got out of hand... I guess I was lucky it only took one slap....my youngest son
was 2 when his Dad past away so there has not been any father
figure....I have been both so there is no excuse for those that blame
the dad or mom...or the goverment.....
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related links Posted by 262348 on June 10, 2008 at 2:59 p.m.

in response to 342621

I'm so sorry for your loss, I too am a widow. You are so right. If we can raise our children right, without a father figure, what is the problem with these people who can't?
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related links Posted by 240953 on June 10, 2008 at 3:09 p.m.

Don't cops in Corpus Christi use pepper spray or use a taser gun.I think that is what that boy needed .

Percival Wellington
Austin, Tx.
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related links Posted by 331296 on June 10, 2008 at 3:22 p.m.

To 252375 - back off 357307. He made his point. Who cares if it's Grand Theft Auto or Halo, or Barack Obama or Osama. You're the idiot for being obnoxious. We're talking about the terrible son in the article not spellcheck or titles. Go take a nap!
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related links Posted by 232885 on June 10, 2008 at 3:31 p.m.

But, did he pass the TAKS test?
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related links Posted by 262348 on June 10, 2008 at 3:31 p.m.

in response to 331296

I was thinking it, you said it, good job.
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related links Posted by 240023 on June 10, 2008 at 3:33 p.m.

When is a kid allowed to fight back against an abusive parent? Whose to say thats not what happened here? Its usually not completely undisciplined kids who hit their parents, they have to learn violence. And many of these same abusive parents are quick to use the cops to punish their kids when they feel that they can no longer abuse their kids into submission. Dont you think its kind of funny that the dad didnt help the cop out to restrain his son? I doubt he was as afraid of his son as he said he was. The kid is 15. There's a lot more going on there and I really think that this article is playing the Dad up to be more of a victim than he really is.
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related links Posted by 463468 on June 10, 2008 at 3:33 p.m.

in response to 233087

AMEN to you!!!
Sure maybe we don't know the whole story.. But ANY 15 year old who has no respect for police,fights with them, and whose father is afaraid of him, NEEDS his A$$ whipped... From what the article said, the 1st officer was getting the bad end of the deal.. Lord knows, if he'd had to use force or deadly force (warranted if the kid had gone for his gun) the press would've been ALL OVER that..With the public chiming in..
These punks today need to learn to live WITH society, not have society learning to live around them.. Jail time may or may not help him.. Letting him go with a slap on the wrist or a "Iknow you didn't mean it son, we'll get you some help" Is certainly not going to help... If the father is afraid of his son, there must be a good reason.. Is he crazy, or (politically correct) disturbed? Maybe .. Get that kid on some meds and put him into a counseling facility... If his own father is afraid of him, he could certainly be capable of killing someone, and the excuse "he's mentally disturbed" won't provide consolation to the victim's family. Letting political corrrectness instead of common sense rule is what is killing this country.
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related links Posted by 711762 on June 10, 2008 at 3:42 p.m.

It doesnt matter how big he is, when someone is jacked up on dope they are stronger and feel no pain! I've worked in law enforcement for 35 years and have seen 4 200 pound plus officers have a hard time to control a120 pound kid.
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related links Posted by 238420 on June 10, 2008 at 3:45 p.m.

I was spanked as a child.... not abused just spanked when I was misbehaving. We also got the look as one posted said earlier and time the look was more scary than the actual spanking. I am the oldest of 4 I am 37 years old and I would not dare roll my eyes at my parents much less try to attack them. Had I tried that at 15 I would not have made it to 16 let me tell you.
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related links Posted by 699260 on June 10, 2008 at 3:47 p.m.

in response to 240023

I would be more inclined to entertain your theory if he had not fought with police.

Sweetie
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related links Posted by 310101 on June 10, 2008 at 3:53 p.m.

A lot of kids are like this--there is a sense of entitlement that they can have anything they want whenever they want it! It starts when the parents take the child's side whenever they are corrected in school. Nothing their child does is wrong--must be the teacher's fault. Then the parents wonder why the kid doesn't respect them. These parents are not doing their kids any favors. They'll not amount to much as adults because they are used to everything going their way or else they give up.
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related links Posted by 699260 on June 10, 2008 at 4 p.m.

in response to 238420

Yes! I know that look! I'm 37 also and the oldest of 5...had my fair share of spankings too...I once dared to roll my eyes (out of disrespect) at my mother when I was about 15 and got slapped across the face...that was the last time I ever direspected her that way...now if I happen to roll my eyes it's out of jest and she usually started it! (I get my sense of humor from her)

Sweetie ;-)
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related links Posted by 376065 on June 10, 2008 at 4:02 p.m.

I've got a 2 x 4 or an aluminum ball bat that will make me bigger than my kid any day, and they know it. Respect.
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related links Posted by 239536 on June 10, 2008 at 4:09 p.m.

in response to 240023

I agree with you something else had to go on in order for a 15 year old boy to try and fight with his father. I have an almost 18 year old and he has never ever raised a hand and if that day ever came he better run. There has to be more but if he indeed is just that way then there had to be some sort of failure on the parent’s side bottom line. Remember we raise our children and instill certain behaviors by our actions.
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related links Posted by 712784 on June 10, 2008 at 4:23 p.m.

in response to 592398

Oh, that punk rock music. Always corrupting the 350-pound cyborg youth and making them destroy their parents from the inside out. ;)

Seriously though, I have no idea what your kid is wearing (I'm guessing he's middle aged now and still sporting little white sailor suits and cowboy pj's) but if you have to dress them when they're twenty-five you're doing it wrong. The object is to teach them SELF-respect so they realize that people treat them differently when they look - and more importantly act - like hoodlums. Either way, this story has no direct link to the appearance of the kid other than the fact that he's probably enormous. The dad should not have been afraid of him, "punk rock" or no.
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related links Posted by 232645 on June 10, 2008 at 4:38 p.m.

How big is this kid?!
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related links Posted by 246926 on June 10, 2008 at 4:41 p.m.

Get rid of AC, cable & all TV, internet, and video games and kids will show their parents more respect.

Start with AC. It works. Also, people you don't want in your house will leave as soon as the AC goes out!
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related links Posted by 245928 on June 10, 2008 at 5:12 p.m.

whaaa?? no taser jolt and no second taser jolt with the prongs next to the skin were administered in order to "gain compliance" of the subject ??
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related links Posted by 461293 on June 10, 2008 at 5:47 p.m.

in response to 592398

You say send him to boot camp? Boot camp is a joke! It is a day care run by the county. The kids that go in there just get physically fit so that when become adults they can run from the police.

It is a big waste of time and money...it needs to be shut down!
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related links Posted by 233913 on June 10, 2008 at 5:59 p.m.

Sounds like the kid was on drugs - maybe pcp - which would account for any parent being scared. There are kids out there who scare the .... out of their parents, and not because they were raised wrong, but because they are just wired wrong - add drugs to that mix and anger issues - and you have one scary out of control teenager. I've known parents who have tried everything to find help for a kid like that... and who don't sleep peacefully because they never know what is brewing in that unstable mind in the next room. We are quick to blame the parents... but sometimes it is just something in the nature of the child.
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related links Posted by 712987 on June 10, 2008 at 6:38 p.m.

in response to 240953

yes they do and they have the choice to use either one or their gun depending on the level of threat they are experiencing.
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related links Posted by 427774 on June 10, 2008 at 6:42 p.m.

in response to 463468

" Letting political corrrectness instead of common sense rule is what is killing this country. "

And AMEN to you too! This kid needed some firm jolting a long time ago and didn't get it because everything is just PC enough for him to just skate through. A *little punishment here, and **little there - And nothing significant enough to gain his respect. Maybe plenty to keep him in a dark corner and hating people too.

I don't like the idea of mentally dissecting these kids, labeling disordered this or that, and medicating them so that they can behave well enough to go to school. If they can't behave, the last place they belong is in mainstream classrooms.

I have a son (now 29) that was classic ADD - symptoms from infancy. School was hell for him, and all the schools wanted to do was dissect his mind constantly, and medicate him. As his parents, we had to fight for the special education structures he needed, and fight the schools to keep him OUT of the mainstream classrooms.

Oh but academically he tested well, and can do the work! NO! The problems were NOT ONLY academic!!! He was the kind of child that could instantly take control of an entire room full of adults. Even several teachers in a room full of students was asking for BIG trouble. He played the classroom environment like a stage, and thrived on the reactions of both teachers and students. OKAY - got a box???

I would bet this kid was a problem in school very early, and was stuck in mainstream classes where he could torture, and BE tortured. Constantly talked himself up, and bragged about how stupid school workers were every time they punished him too. That's wrong, wrong, wrong!!!

I don't care how many special ""resource"" efforts are made to help them make the academic grades, or how much the teacher goes out of the way to provide for an obviously troubled kid. The LAST thing these kids need is **a mainstream stage to act out on. If they aren't mainstream students - Remove them completely!!! Provide exactly what they need in the way of character, and behavior guidance. Even a BOX! Let them EARN their way!! My son did, and still is!!!

I would bet mom and dad had no idea what to do from the beginning. The schools have to stop catering to these kids, and allowing the behavior to set like concrete. Before I realized what was going on with my son, he was emotionally disturbed, and could very easily have become very dangerous. I had to study constantly, and had to demand - AND THEN COMMAND the educational plans he needed.

Thanks to my own studies, and knowing enough to gain the respect and attention from school workers, he got a high school education. According to set structures - he belonged in mainstream classes. According to ME - he didn't - and after the third try - boardroom politics had NO chance. Bless this boy and his parents. I hope they find the help they need. Caring thoughts and prayers, always, for law enforcement.
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related links Posted by 420894 on June 10, 2008 at 7:22 p.m.

are postings supposed to be book sized?
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related links Posted by 427774 on June 10, 2008 at 7:24 p.m.

in response to 420894

Lol! Sometimes. Why?
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related links Posted by 427774 on June 10, 2008 at 7:28 p.m.

in response to 461293

That nail needs to be driven FIRM for sure!!! These boot camps are as destructive to character as prisons. They teach the kids to be HARD CORE, and that's exactly what they become - or else. They will either succeed or fail, and which ever way they go - those HARD CORE traits of character go with them.

Once at risk, always at risk as far as I am concerned. Physical training for a possible crime boss, OR a desperate - "I ain't going back" attitude toward law enforcement? No thanks.
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related links Posted by 425944 on June 10, 2008 at 9:45 p.m.

in response to 246926

oh lord your funny. But I personally would not want to punish MYSELF that way. When the AC is turned off, the whole family will SUFFER! LOL : )

But you have a good point, because my 13 year old will prance out of his room on occasion to tell me he is HOT. And then he asks me to turn down the thermostat.

I will keep your idea in mind though if I should ever need it in the future.
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related links Posted by 425944 on June 10, 2008 at 9:49 p.m.

in response to 427774

I really enjoyed your post and really am glad to know you also have a sense of humor! lol

"book sized?" lol! that was funny.

(but it WAS a good book!) lol
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related links Posted by 425944 on June 10, 2008 at 10:01 p.m.

in response to 420894

Sometimes such a small sentence as yours was can CRACK ME UP! LOL.

I wasn't expecting the "book size" comment. Caught me off guard and made my evening complete. Thanks.

But 774 does make a lot of sense if you have read any of their previous posts. So many different kids with so many different problems. We cannot just put them all in a box. There are different circumstances every single time.

My brother hit my Dad one time when he was a teen. They scuffled on the floor pulling each others hair out.
I wasn't there to see it. But it scared me when I heard about it.

But long story short, my Dad did believe in corporal punishment and he was a hands on Dad and he made sure his kids flew right or suffered consequences. My brother went on to be in the Marines, and that turned him into a MAN, who turned out to be the greatest husband, father, & DPS officer and now a proud Texas Ranger.

So sometimes things can turn out good in the long run.

But me personally, well.....I would never strike my parents, or cuss at them or treat them with disrespect. I honor my parents.

I guess my point is, not all kids are bad, they just do bad things sometimes, and if they correct it and fall in line and do the right thing in the long run with tough punishment and consequences for their actions, maybe, just maybe, everything will turn out just fine.
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related links Posted by 238212 on June 10, 2008 at 10:53 p.m.

Sterilize and give him a labotomy then send him to Iraq as a mine detector.
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related links Posted by 303526 on June 10, 2008 at 11:20 p.m.

That Sweetie better not roll her eyes at me!!! I will open a can of whip a$$ on her.

HEHEHEHEHE!!!!!

The kid goes to boot camp immediately!!!
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related links Posted by 378784 on June 11, 2008 at 1:22 a.m.

in response to 461293

Have you ever been inside boot camp in Nueces County? I did counseling in there, and trust me, it is not a place where they go to get "fit."

I am not a Drill Instructor, so it took me some time to get over the emotional toll it took on me. I was just there to do groups and indivdual counseling.

It is loud, kids are crying, the DI's are giving their orders, the kids have to do all kinds of things for breaking the rules. The girls have to have their hair cut short when they enter boot camp. Boot camp is designed to break the child down and build them back up...hopefully with better coping skills, respect, education, self esteem, amongst other things.

I had clients tell me that boot camp was soemthing that they needed to help them get their life back. I also had some clients tell me that they did not plan on changing, and they wanted to go to prison like everyone else in their family.

I had too many kids tell me about being raped, watching their father (or mother) kill the other, using drugs to escape, having no family, and other stories. Those kids have lived through things that no one should have to go through.

Some of those kids will change and some will not. Boot camp is also not for everyone. It can make the person's situation worse.

I just pray that they take the positive from the experience and change their lives for the better. Some of our clients did become success stories after leaving boot camp.
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related links Posted by 712710 on June 11, 2008 at 8:03 a.m.

in response to 262348

I applaud you for taking a responsible parent stand. I raise my child the same exact manner you raise your child. If she acts up in that manner while in my home or in public- she too gets a slap in the face and with much more consequences. I don't care if anyone reports me too. As far as I am concerned- cps can take her and raise her their way or I can continue to raise a child who will listen to me and do right or theres heck to pay. I rather raise her with an iron hand than give in to any nonsense behavior today than have her act this way later and have someone kill her over her throwing a temper fit.

In my home, I rule. My rules are simple- obey me and do right by me. In school, she obeys and does wonderful in all subjects. When she becomes an adult- these lessons I've taught her will keep her alive and well.
By the way, shes 13 years old and keeps a clean bedroom and gets an allowance when she clearly does right by me. With her money she saves it for electronic gadgets and other things she wants. Tough love is TOUGH LOVE- Rule with home laws and rule with love. They will appreciate it later in life. I know I did.
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related links Posted by 699932 on June 11, 2008 at 8:33 a.m.

Funny story now but was not funny then.
I was about 11 years old and that particular day I yelled at mother for serving the same food she had served us the day before. Well, all I remember is running out of the house and thinking I got away with it! Yay! That'll teach her to serve me the same food AGAIN!

Not a moment later, I climbed the tree in front yard. I have always climbed that same tree for years and well, when I jumped off the tree the back of my short ( elastic waist) got caught in a large tree branch- this gave me an instant wedgy & was extremely painful and I yelled for help! My mother was the only one who heard me because all my brothers and sisters were out riding their bikes. I yelled and yelled for help. My mother finally opened the door and said " be glad that tree caught you instead of me". I hung there and hung there for a long time, at this point my short was cutting into my skin. It seemed like an hour but I know it was more like 15 minutes or so- The waist part of the short finally gaveway. I fell to the ground and realized I had done wrong prior to the tree climbing. I changed my ways then. I appreciate all my mother did for me when I was growing up. I had a huge bruse on my thighs for weeks!
I can laugh about it now though!

Moral of story- elastic shorts and yelling at mother does have its consequences.
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related links Posted by 699260 on June 11, 2008 at 10:56 a.m.

in response to 425944

LOL! When my stepson (who is also 13) complains about being hot (we keep the A/C between 75 - 78 depending on the time of day) I send him outside for about 20 minutes...he hardly complains about being hot inside the house anymore...

Sweetie ;-p
Reply to this Post | Suggest removal
related links Posted by 705049 on June 11, 2008 at 12:50 p.m.

in response to 287001

KO'd? Did I say it was going to be hand to hand combat? He'd be on the ground before he got within 5ft of my person, little bro.
Reply to this Post | Suggest removal
related links Posted by 712812 on June 11, 2008 at 1:41 p.m.

in response to 233256

totally agree
Reply to this Post | Suggest removal
related links Posted by 245928 on June 11, 2008 at 5:03 p.m.

While volunteering for a few days at youth facility by Crosstown, one could not miss the "tight ship" security, including tv's showing what was going on in various rooms. A tuffie had crossed some line and was being subdued by adult(s) through wrestling holds until he quit wiggling. I guess if people have free time, they could apply to volunteer; donations of specific items would probably be gratefully appreciated.
Reply to this Post | Suggest removal
related links Posted by 709587 on June 11, 2008 at 5:25 p.m.

What happened to those old fashion asss woopensss......!!!!!thats the problem now a days.............kids do what they want , and parents allow it, but look at times , kids haveing kids....
POST YOUR COMMENT:

Why would or how could everyone we spoke with at CCISD denied the accusations

2008-05-09T02:18:00.000-07:00

show details 12:21 AM (4 hours ago)
Email by Jaime Kenedeno

Wake up boy and girls, Politics have no place in high school athletics. Who would transfer a winning coach right before the season begins and more importantly why? Once the Article is written it will be published and all of the research connecting the dots to the ones who leverage bond finances and campaign finances for a position that can only be earned.

TTFN

FOR IMMEDIATE RELEASE

LULAC Council No. 1 and the American GI Forum will hold a press conference to address concerns regarding the forced transfer of Mary Carroll High School Volleyball Head Coach Doris Elizondo; who holds 149 wins and 5 losses as well as 5 consecutive District Championships and 2 undefeated District seasons while at Carroll High School .

Certain members of the Carroll High School Boosters have pressured Carroll High School Administrators to transfer Ms. Elizondo for reasons that have not been made clear or were either not presented to Ms. Elizondo in a timely fashion; allowing her to address or correct them.

LULAC Council No. 1 and the American GI Forum feel that Ms. Elizondo has been denied due process within the CCISD administration and therefore, her civil rights are being violated both by the school's administrators and those members of the Carroll High School Boosters who have targeted her for removal.

The press conference will be held in front of Mary Carroll High School (on Tiger Lane side in front of the school offices) at 4:00 pm on Wednesday, May 7, 2008 .

2008-04-30T12:07:00.000-07:00

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Local
Ray H.S. student targeted in shooting

staff report
Originally published 10:52 a.m., April 28, 2008
Updated 10:52 a.m., April 28, 2008

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CORPUS CHRISTI — Corpus Christi police are looking for a white four-door Mercury in connection with a shooting late Sunday.

Six shots were fired into a home on Moravian Drive before 10:30 p.m. Police believe the bullets were intended for a Ray High School student. The victim told police that was having problems with a gang member at Ray High School.

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Post Your Comments

Post 1 April 28, 2008 at 10:59 a.m.

why are gang members allowed in school to begin with. Shouldn't there be like a gangbanger school where they can all go and shoot each other for finals and then we good citizens do not have to worry about them.
(Suggest removal)

Post 2 April 28, 2008 at 11:04 a.m.

Ray has never had control of their school. And are allowed to dress how they want. This is where ccisd needs to take control.
(Suggest removal)

Post 3 April 28, 2008 at 11:05 a.m.

Ten years ago the CCPD had the gang situation under control. We have regressed. The gangbanging and tagging are completely out of control in this community. The entire community needs to step up and take action or these two problems will be our downfall.

BB
(Suggest removal)

Post 4 April 28, 2008 at 11:07 a.m.

I live on what the city calls a collector street. I see school buses before and after school and most are empty. The only full one is the thug bus. These thugs have to wear shirts and ties at school.
Off the bus the ties hang out of their pockets and their pants are below the crotch. They learn nothing.
(Suggest removal)

Post 5 April 28, 2008 at 11:07 a.m.

Losers shooting Losers - if enough of them take each other out - hopefully there won't be any left to shoot.
(Suggest removal)

Post 6 April 28, 2008 at 11:07 a.m.

(This comment was removed by the site staff.)

Post 7 April 28, 2008 at 11:10 a.m.

I think every teen should have to go to some type of boot camp. I think they should have everything that they take for granted, taken away from them. And slowly, earn it back. They have absolutely zero respect for anything. I also think gangbangers need to be shipped to a separate place, and let them eliminate themselves. Too many individuals are inncoent bystanders that have to deal with the leftovers that these disrespectful teens leave behind.

~Dev
(Suggest removal)

Post 8 April 28, 2008 at 11:10 a.m.

.Decent honest citizens need to be protected from this gunfire.
I would say that six shots means they mean business, so what provoked them to do this dangerous thing to another citizen.
Why can't everyone just be law-abiding and get along.
Life is short enough as it is.
What will happen if the gang members are caught who did this shooting, will they get a slap on the wrist or what?

Most of us just go to work and pay our taxes and tend to our families. Maybe they don't have enough to do so they go around shooting into houses.......?
(Suggest removal)

Post 9 April 28, 2008 at 11:14 a.m.

Leave it to Corpus Christi---The city has done nothing to alleviate the gang problem we have here. I can't be at our local "mall" without fear of someone pulling out a gun. The way people dress freaks me out! Even the parents are covered in tattoos from head to toe. It makes me fearful to send my children to school here. I'm not saying that there aren't problems in other cities--we all know that's not the case--BUT Corpus Christi's gang problem is out of control compared to the population size.
(Suggest removal)

Post 10 April 28, 2008 at 11:15 a.m.

Ms. Hooks, the new education director, that Skippy hired should be handling these situations. After all, she makes well over $80,000.00 per year.

FF
(Suggest removal)

Post 11 April 28, 2008 at 11:16 a.m.

I drove down Kostoryz Road and Carroll Lane yesterday. Practically every fence, building, and utility box was tagged w/gang symbols. Frankly, it turned my stomach. The court system needs to provide some real punishment to these offenders. It is obvious these delinquents have little fear of our justice system.

BB
(Suggest removal)

Post 12 April 28, 2008 at 11:17 a.m.

What ever happened to the days when if two people had a conflict/disagreement they would just duke it out man to man. Now days it seems that these wanna be wise guys don't have the balls to handle things on their own. They are afraid to fight one-on-one. Probably because they know, they will get their butts kicked and leave them humiliated. Thats why they attack in numbers because they don't know the meaning of the word individual nor do they know what having an identity or self respect is all about!
(Suggest removal)

Post 13 April 28, 2008 at 11:18 a.m.

Post 11.....Ms. Hooks will take care of these problems. Skippy hired her for well over $80,000.00 per year.

FF
(Suggest removal)

Post 14 April 28, 2008 at 11:20 a.m.

they need to put camera's in that area to eliminate the problem and catch taggers etc.
(Suggest removal)

Post 15 April 28, 2008 at 11:25 a.m.

Forget about the boys, I think we need to start with the girls. Girls need to learn to love and respect themselves. Girls need to have goals and work towards them. Girls are the answer to all the gang problems.

Ok, let me explain. If the girls had self respect, they wouldn't want gangbanger boys. If the girls had goals, they wouldn't want gangbanger boys. All boys want girls but if the girls made it clear to them that they don't want some low life, pant hanging, graffiti punk, then maybe the boys would want to better themselves too.

You really don't hear much about homosexual gangbangers so if no girls wanted to go out with them until they straightened out their lives, then maybe something would change.

Ok, I know, it's time for my meds. lol
(Suggest removal)

Post 16 April 28, 2008 at 11:26 a.m.

Losers shooting losers. I like that analysis! We need to round up these deadbeats and send them off to I don't care where. One of them mess with me and he goes DOWN - permanently! Like underground down! I pack and I will use it. Flakes!
(Suggest removal)

Post 17 April 28, 2008 at 11:29 a.m.

Post 12, I agree with you but you said man to man that is the problem these are punks. Post 1, has the right idea. These people are not really productive members of society anyway, no loss at all.
(Suggest removal)

Post 18 April 28, 2008 at 11:32 a.m.

We need to make gulags for these types of characters and let them pound rocks in the desert sun. Bring the chain gang back for these offenders.
(Suggest removal)

Post 19 April 28, 2008 at 11:38 a.m.

For years it has been almost illegal to discipline your kids. Any thing but a time out is child abuse. Kids know this, and use it to their advantage. The problem we have with gangs isn't because alot of parents don't care, they are afraid of going to jail if discipline has to go to extreme.
(Suggest removal)

Post 20 April 28, 2008 at 11:38 a.m.

They have NO RESPECT for themselves and for others. They were not brought up to respect anything and that is why some of them live in the places they do...poor areas sometimes but I am of the belief that a poor area does not have to look like a dump. These "dumps" happen BECAUSE such people lack respect for themselves, others, and their surroudings. it means nothing for them to shot someone else and if someone shoots them their attitude is "Well, I guess my number came up." They just don't care and there is not a program on CARE 101 out there. It has to come from the home unless they have a dump for a home and a family.
(Suggest removal)

Post 21 April 28, 2008 at 11:41 a.m.

I bet these kids families, especially their moms, coddled them. They were always there defending them when they knew their kid was wrong. I've seen it so many times and so have you if you are a teacher out there.

The kid does no wrong. It's always the other kid's fault, or the teacher's fault, or the school's fault.

Bad parents.
(Suggest removal)

Post 22 April 28, 2008 at 11:43 a.m.

Yes, I think there has been a decline in our getting a grip on the gang problem. It seemed there for a while we were getting a better handle on it. What happened?

Do we need Jim Kaelin to step in? I bet he'd have this place cleaned up within a year or less. Gang members would be peeing in their baggy pants.
(Suggest removal)

Post 23 April 28, 2008 at 11:44 a.m.

Post 2
Your right! Well I wouldn’t say never had control. Ray was a good school up until Mr. Gonzalez took over and now he is out. Dr. Dorsey and Dr. Scott were great for the school. I graduated in 06 and it was at least a decent school but now it is poor. I pass by Ray everyday and I see students wearing what they want. What happened to the dress code these kids look ugly. Also the school police and administration are doing a poor job of keeping the kids in class. Pass by Ray anytime of the day and you’ll see kid crossing Staples or standing in front of the old gym. Pass by at 2:30 and you’ll see kid leaving the school. Come on I know all those kids don’t have enough credits to leave early and I doubt their even seniors. We need strict authority at Ray. Not laid back people that throw the upper class students troubles under the rug. And one more thing someone please but and tear down the apartments behind the soccer and football fields, which are infested with drugs and gangs. I’ve witness fights and drug users in those apartments. Clean up Ray and the apartments around it!
(Suggest removal)

Post 24 April 28, 2008 at 11:46 a.m.

Serilize all drop outs . . . . These losers are too lazy to work so all they do is drugs and breed more little gang bangers.
(Suggest removal)

Post 25 April 28, 2008 at 11:46 a.m.

I think we need to elect former mayor of Alice, Grace Saenz-Lopez to get this situation under control...
(Suggest removal)

Post 26 April 28, 2008 at 11:50 a.m.

These kids in school? Not all the time. They have either dropped out or they come in when they fele like it. Gang members do not see schoolng as a priority only as a place to make contact with other gang members.

I say Mrs. Hooks be in charge of gang members caught and puts them in an educational program so they can find a career and enter our work force. Isn't this her job description?

So, while I'm at it....what has she done so far in her new capacity? Anyone out there who works for her or with her know? If Skiip Noe gives us a report you know it will be glossed up.
(Suggest removal)

Post 27 April 28, 2008 at 11:51 a.m.

Pull your pants up, drop the gun and fight like a man! I think they use guns to compensate for a lack of something........

RR
(Suggest removal)

Post 28 April 28, 2008 at 11:56 a.m.

They should count all the people who live in that house and then charge them with attempted murder for each person who resides in the house that was shot. They should do this with every drive by. Make it a crime to be in a gang and like they do in someplaces, don't let them congregate in groups of no more than 3.
(Suggest removal)

Post 29 April 28, 2008 at 11:56 a.m.

I saw some punk thug kids at HEB on Kostoryz. A couple of the thug girls were wearing t-shirts when some punk's name and dates. I asked one of the girls why they were wearing those t-shirts. She said it was one of their "homeboys" that got killed and they all got matching t-shirts. Seriously, she used the word "homeboys". I asked her how he got killed (acting sympathetic but just really being nosey), she said he got in a fight with his ex-girlfriend's brother and the brother shot him. I looked at the dates on the t-shirt and realized the boy was just 16. They were glorifying him and who knows, there will probably be retaliation against the shooter. Then we will see some more thug girls with the shooter's name and dates and the saga continues.
(Suggest removal)

Post 30 April 28, 2008 at 11:58 a.m.

2 and 23, you are right.

Ray lost it's luster some time ago. I, too, witnessed a decline when Mr. Steve Gonzalez was the principal. He was very nice and a "good ole boy" with everyone but the school AND the scores took a dramatic decline under his watch. No one wants to admit this because they liked him so much but such people become/became part of the Ray HS problem.

Oh, guess who took care of the discipline at Ray HS while Mr. Gonzalez was principal? MR. GONZALEZ. I rest my case.
(Suggest removal)

Post 31 April 28, 2008 at 12:06 p.m.

lets hope they don't educated like post 24
(Suggest removal)

Post 32 April 28, 2008 at 12:07 p.m.

CRAZY!!!! I heard about 2 5th graders at Luther Jones with a gun and one kid had the bullets!!!! I haven't heard it on the news...I know one of the parents whose child attends the school. What is wrong with these kids!!!!!!!!
(Suggest removal)

Post 33 April 28, 2008 at 12:13 p.m.

I think drug money is what supports most of the gangs and you don't need a high school education to sell drugs. They all know that. And school is just like lost money, because it is a little harder to sell when you're sitting in class. Without all the drug money, they'll have to find jobs and to find jobs they'll have to get an education.... so number one, we need to get a grip on the drug problem, which is the hardest thing to do.
(Suggest removal)

Post 34 April 28, 2008 at 12:18 p.m.

Voc classes are a part of the solution.

Kids do not respect what they can never achieve...
(Suggest removal)

Post 35 April 28, 2008 at 12:24 p.m.

When I'm president I will institute a day where all gang bangers are allowed to kill eachother without repercussions. As long as the fill out the proper paper work. Of course.

If you have a beef for an opposing gang, simply stroll down to city hall, fill out the proper paper work and wait for , or I don't... Say April 20th to come round and problems will take care of themselves.

If you hurt or kill innocents (Non affliated) then you will be dealt with on the spot.

If you can not find your target, sorry holmes you gotta wait till next year.
(Suggest removal)

Post 36 April 28, 2008 at 12:28 p.m.

this event did not happen at ray hs, it just involves a ray hs student........much ado about nothing if you ask me....just typical gangbanging......this isnt a ray hs problem it is a corpus problem and until the ccpd gets control then you will see more drugs, graffitti and 14 year old getting killed when they should be in school.
(Suggest removal)

Post 37 April 28, 2008 at 12:36 p.m.

PARENTS.....PARENTS.....PARENTS CALLING ALL RESPONISIBLE PARENTS.... NO ANSWER.
(Suggest removal)

Post 38 April 28, 2008 at 12:37 p.m.

36...it is a Ray HS problem. Don't think for one minute that kid keeps his problem within his home. He brings it to school, he brings it home, and takes it back to school. Anywhere in-between is still afflicted.

I bet the teachers at Ray HS would disagree with you.
(Suggest removal)

Post 39 April 28, 2008 at 12:39 p.m.

Where is the "Sad times, bro" person?
(Suggest removal)

Post 40 April 28, 2008 at 12:51 p.m.

Post 39
OMG, don't be so stupid and draw this idiot out.
(Suggest removal)

Post 41 April 28, 2008 at 12:59 p.m.

Post 29: I am so glad I am not the only one who feels this way.

I live in a very nice apartment complex in Downtown, last night I was awakened at 3 am by slamming doors and shouting. I put on my robe and went outside into the hallway. This guy walks towards me, he looks exactly like the kid I caught breaking into my car last year. Shaved head, undershirt, and khakis down so I can see his underwear. He tells me that his "Homeboy" was freaking out, that’s what the noise was. I was mildly afraid in my own apartment, I checked to make sure the door was locked three times after I went back inside. I don't know anything about him, but at 3am he represented himself as a scary thug.
(Suggest removal)

Post 42 April 28, 2008 at 1:04 p.m.

My sons graduated from Ray about 10, and 12 years ago. Ray was still a good school. My sons graduated and are not thugs, nor gangers..they are decent, went on to college and are now law abiding citizens that contribute to CC with good jobs and good families. Then again, neither of us have ugly tatoos on our bodies, we respect others and others properties..and we do not do graffetti to claim our "territory"..we pay taxes for them..All the posts are stating the same feeling, we have a big problem with these people. The have no respect for nothing, only their homies..please!! What can be done? Well, nothing is being done and it is a shame, they are like roaches, just mulitplying and infesting the city..they are spreading everywhere..not just the "other side of town." Help, we do need it. Yes, do drive by Ray, that I myself have seen, about 3:30 or 4 p....they do not respect the crossing lines..perhaps they do not know how to read or follow instructions, but they come out of everywhere..and take their sweet time crossing, or maybe they have to walk slowlyyyyy..because they will lose their pants. Never thought of that...maybe? The parents DO have alot to do with their kids, or are they Biopolar? dressing the right way going to school and change personalities at school I just do not understand and this is our future population, where are we headed to? God protect us all. But the laws have done more damage than good, with the child abuse laws that you cannot repremend your kids for wrong doing. It is a shame. The respect your parents idea went out the window long ago, along with good morals, as with the cheap gas price..that is a thing of the past.. Help us all...
(Suggest removal)

Post 43 April 28, 2008 at 1:04 p.m.

Post 5 and 37: You got that right!!
(Suggest removal)

Post 44 April 28, 2008 at 1:07 p.m.

(This comment was removed by the site staff.)

Post 45 April 28, 2008 at 1:08 p.m.

#37.....

Please don't bother me right now! I am busy being a Sr. Homeboy while the school watches my homeboy jr.

I'm too busy smoking a joint & snorting some cocaine! I've got tons of chores to do today including getting some more ammunition, stopping in for some spray paint, buying some Ziplock baggies to bag up the dope so Jr can sell to all (his) homeboys and if I have any money left over, I might head on over to the tattoo parlor to complete my full body tattoo! So don't bother me. I'm a parent of a homeboy and PROUD OF IT! ....(sarcasm)

My son came home they other day and said....."I'm so gansta, I don't have any pants!" lol

His pants were around his ankles when he did this. I laughed, because that is what the good kids think of gangs. lol

(for those of you that don't get it) we are talking about those pathetic pants they wear below their buttocks.! It's the most ridiculous thing I have ever seen. And it's funny to watch them walk trying to keep them from falling off!
(Suggest removal)

Post 46 April 28, 2008 at 1:15 p.m.

I KEEP REMEMBERING THE BABY IN THE BACK SEAT WHEN THE MOM'S BOYFRIEND GOT SHOT OVER ON GREENWOOD NOT TOO LONG AGO.......FUTURE GANGBANGER!!!!!!
(Suggest removal)

Post 47 April 28, 2008 at 1:31 p.m.

Kids these days..eh? Again, we all know it begins at home. The problem is, is that most of the parents are single parent families and the moms (if decent respectable citizens) are trying their best to raise their family. If not, there is no father figure present and the moms are out at all hours of the night in bars, trying to find a new daddy so of course, the kids that should be home doing homework and getting themselves to bed are out running around and causing trouble. Most of these kids that are in gangs and tagging, shooting, and acting a fool do it because no one else in their life cares about them. They feel like they are so macho and can call the shots of their own life and no one's going to tell them what they have to do or don't do. If one of these little boys was actually confronted face to face with someone not afraid to beat the living crap out of him, he would revert back to that little boy he is, cry for his mama and run away trying to hold his pants up! Sometimes, I see these thugs j-walking and taking their sweet ass time trying to cross the street and they can barely move because with every step they have to hold their crotch so their pants don't fall down. Just once I wish one of them would trip and I could scare him by revving my engine as though I would run him over! Just once.....
(Suggest removal)

Post 48 April 28, 2008 at 1:33 p.m.

Have you ever noticed how the thug has to walk with his legs spread apart so the pants don't fall down?
(Suggest removal)

Post 49 April 28, 2008 at 1:38 p.m.

Yes I have, and it is PATHETIC! lol!
(Suggest removal)

Post 50 April 28, 2008 at 1:48 p.m.

Parents are to blame, but so is the government. The loss of respect in schools started in the 60's when prayer was taken out of school. I don't care what anyone says, kids need to know there is Someone in charge and they will answer for their deeds. Just my opinion.
(Suggest removal)

Post 51 April 28, 2008 at 2:04 p.m.

makes me glad that i wasn't rasied in corpus christi...this town is a joke..the only place i would school my children would be the calallen or gregory portland area...the rest of this is just trashy violence...and the ccpd doesnt even care..they're too busy busting up some party way out in the middle of no where to be on the scene when some poor kid's house gets shot up..its a joke..the best i can hope for is that people learn how to vote for the right people
(Suggest removal)

Post 52 April 28, 2008 at 2:08 p.m.

POST 50, 19, 20 absolutely correct.

Respect for adult and each other is lost. When I was growing up my dad and mom got the belt and i got whipped if i did something bad which i "occationally did"(maybe talk back). Carry a gun? no Have a knife? no Cruise around town? get real. we had bikes and played outside no Xbox Wii nothing like that. Kept me and my friends in line and we had to go to church regardless. The friends who's parents always worked or were never there for them, are the ones who decided to start smoking weed and drinking and stealing. I aint saying they all went wrong but the majority had no discipline and some are still struggling. MOM & DAD they are your kids. You have to choose between making the big bucks or being there for your kids. I'd choose my kids everytime even if i have to struggle to make ends meet.
(Suggest removal)

Post 53 April 28, 2008 at 2:13 p.m.

Post 24!

I agree with you! STERILIZE these punks so they do not multiply. Male and female! STERILIZE!
(Suggest removal)

Post 54 April 28, 2008 at 2:14 p.m.

It's time to bring back the paddle!!! I know it scared that crap out of me when I was in High School.
(Suggest removal)

Post 55 April 28, 2008 at 2:15 p.m.

Accountability, thats the word not practiced here. Why? because every governmental agency wants to tell parents how to raise their kids. Kids are not held accountable for mouthing off at their teachers, principals, elders etc. Once upon a time I remember my mother going off with a back hand across my big mouth when I disrespected people just because I thought I could. Im not that old, Im in my 30's and let me tell you I would give anything for all the punks to have my mother growing up. Even now, my mom is discipline first with the grandkids. They know better than to break rules and disrespect in her house. I have two nieces and one nephew that are school aged and let me tell you, they know exactly what the consequences are going to be if they choose to lose their minds and start acting like these little thugs. I tell them all the time, "you want to act like an idiot thug, then you'll get sent to the same place all idiot thugs get sent, JAIL/PRISON to live among the other idiots." They know that we love them and we do not hesitate to give them love and attention rewards when they do well but they also know that when you start acting like a fool, your gonna get what comes with it. Accountability. parents we're not telling you to stop caring or standing by your child but when you know they are a big part of the problem or are the big problem stop putting the blame on others. Stand by them but dont take the punishment away. They have to know what consequences are to their actions. They cant go through life thinking "Oh my mom will take care of it, all she has to do is go to the school, etc start yelling and cursing and dropping names and then things will be better, I can come back to school with the same attitude that gets me in trouble and if they want to start with me, Ill just tell my mom". Sound familiar. I have worked in different areas and depts and know that this is exactly what happens. I see it all the time. No conflict resolution skills so they want to try to win the argument with an argument. Then what do the kids learn? Aggression, the only form of conflict resolution they know. They use it why? Because its learned and they know most people will try their hardest to avoid parents like this so they do and say things to give them there way and show them lack of what? Accountability. How does the gov't way in? Every form of discipline is child abuse. Then they teach this to the kids and the kids use it against their parents, parents are afraid to discipline for fear of getting in trouble and losing their kids. All understandable. And we wonder why we can take control. Peace be with eveyone.
(Suggest removal)

Post 56 April 28, 2008 at 2:19 p.m.

Post 45...so very true.

I wish "these" gangers would read what we all think of them. I think this Ray HS kid and his parents should be made to read all our comments so they know what we really think of them and all who are like them. We are not happy campers.
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Post 57 April 28, 2008 at 2:27 p.m.

Ray HS is trying very hard to get it together by getting out of that low performing label. The school went down hill because the people at the helm let it go down. It went down performance wise because they did not oversee what was going on or not going on in the classrooms regarding real teaching. Some teachers got lax because that is what was modeled for them by the administrators on that campus.

Part of Ray's problem is the gang problem they have on campus. Imagine trying to teach these thugs...when they do come to class.
(Suggest removal)

Post 58 April 28, 2008 at 2:41 p.m.

I think Ray High School has a work/study program. They need to hire a 16 year old that lifts weights, rides bulls and hits like a mule, to walk the hallways with a half - grin, half smirk.
(Suggest removal)

Post 59 April 28, 2008 at 2:47 p.m.

Listen, before everyone gets all upset. Remember, these are just kids. Haven't you ever done anything mischievous when you were a kid. You never stayed out later that what your parents told you to. You never talked back to your parents. Everyone has done something mischievous in their lives, and if you say that you haven't , then you are lying. I don't think these kids need boot camp or harsh punishment like you all are suggesting. Maybe they are just yearning for someone to listen, respect, and pay attention to them. I think that with support, these so called gangbangers could make model citizens in our community. Also, don't blame the parents, because with the way our economy is today, both parents have to work to make ends meet, so they can't give their kids their complete divided attention that these children yearn for. It is not the kids fault, nor is it the parent's fault. And yes before you say it, I am a liberal.
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Post 60 April 28, 2008 at 2:57 p.m.

Post 59...you only want to stir things up with the comments already expressed here. You have written some of the very same things on another topic at another time. I recognize your words.

Sounds like you can eradicate the gang problem. Go to it. I think we will try just about anything to get this issue resolved so the rest of us can live safe lives.

Trading places? Maybe you should consider living wtih a ganger family. I bet you will change your tune real fast.
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Post 61 April 28, 2008 at 3:08 p.m.

Mandatory military service - minimum 2 years if you're not in school...2 summers if you are. And the service is NOT teaching thugs how to be better thugs - it's community service and brush clearing and house building, etc. After two years, the thugs will become obvious - and they won't be allowed to join the actual service, or be trained in warfare. I understand the flaws and possible misuse or abuse of authority, BUT something has to be done !
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Post 62 April 28, 2008 at 3:11 p.m.

Good golly 59, I'm consider myself a liberal too, but what are you thinking. Children aren't raised in a vacuum. Of course the parents have created what these bangers are. If you're not married, don't unzip your pants or spread your legs. If you do have a baby, do all the hard work it takes to raise a child. Don't park them in front of a TV because you're tired. For God's sake, don't smoke weed or crack because it makes you feel better. Word hard, pull yourself up and make damn sure your child goes on to a better life than you have.
(Suggest removal)

Post 63 April 28, 2008 at 3:11 p.m.

Post 59, seems like you want to put the blame on the government only. Although they are to blame for a few things but it all starts at home. Both parents having to work is no excuse, both my parents worked allot but I came out fine because of the values they taught me.
(Suggest removal)

Post 64 April 28, 2008 at 3:21 p.m.

POST 59: Seriously! Seriously??? Wow..."just kids!" So was the guy who shot up Virginia Tech, just a kid? Is that how you would justify what he did? Should he get just a slap on the wrist as well? Try telling that to the families of those who lost their life because of some kid. It does related because a 'gang banger' can do just as much damage as this guy did.

Yes, they are kids but it's far past the point of just wanting someone to listen and pay attention. Discipline and jail time needs to be served, it is ridiculous now. It is really sad when you can't walk around on a school campus without fearing for you life! I attend Texas A&M Kingsville and whether it is a university or high school nowadays it is so bad that you have to watch your back everywhere you go. I have been on the Ray H.S. campus and NO I did not feel safe at all! I saw students in the hallways when class was in session and students out of dress code. One student was out in the hall arguing with a teacher using foul language and yelling. I'm sorry but it is way past the point of just sitting with them and listening.

As far as it not being the parents fault, you're crazy! It all starts at the home! Yes people need to earn a living and pay bills I understand that. However, my mother is a single working mother *full time* who has 2 kids who were never in trouble with the law, respected their authority figures whether it be in school, work or at home, we graduated top of our class and are now both in college. Why is it so hard for these families that have BOTH parents to keep track of their kids? It is just lack of responsibilty on their part!
(Suggest removal)

Post 65 April 28, 2008 at 3:26 p.m.

Post 59 is right. These kids need the love from our Corpus Christi "village." Hope and Change will make them productive citizens. The city should start some more programs to help them like firearm safety, skeet/trap shooting, and target shooting. We already have the grafitti program (Wow! What an idea!) Only through these positive programs will their attitudes become positive and they can be transformed into productive community members. We need to start by loving them.
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Post 66 April 28, 2008 at 3:36 p.m.

post 59 WAKE UP AND SMELL THE YEAR 2008. EVERYONE WANTS SOMETHING AND WANTS IT NOW. GANGBANGERS WILL GET IT ONE WAY OR ANOTHER. PARENTS FORGET IT, UNLESS YOU GUIDED YOUR CHILDREN IN THE RIGHT DIRECTION WHEN THEY WERE STILL YOUNG AND WANTING TO BE A GOOD GUY/GIRL ,,,FORGET IT. THEY WILL NOT LISTEN AFTER THEY HAVE GOTTEN A TASTE OF FREEDOM TO DO WHATERVER THEY WANT AND WHENEVER THEY WANT IT, AND GOTTEN AWAY WITH IT. THEY WILL DO IT AGAIN AND AGAIN AND NO ONE CAN DO ANYTHING TO STOP THEM UNTIL JAIL OR DEATH. THAT IS WHY CHILDREN NEED ATTENTION WHEN THEY ARE BORN UNTIL THEY BECOME ADULTS AND ON THEIR OWN.
(Suggest removal)

Post 67 April 28, 2008 at 3:47 p.m.

Post 64 you're right. Once you have kids its no longer about you. You do what you have to do to ensure their safety, education, etc. Once they are grown or off to college then I understand. Researchs hows that we are extending our life expectancy, so there will be plenty of time for YOU later. That or take care of yourself before you have kids until later in life. One way or another, take responsibility and don't make all of society pay for your mistakes.
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Post 68 April 28, 2008 at 4:31 p.m.

WHAT! Coddle them even more? Your kidding. These kids know the difference between right and wrong, they just don't care. It is apathy! So how do we make them care?

~Dev
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Post 69 April 28, 2008 at 4:33 p.m.

Here I am post 39.

Sad Times Bro......Sad Times

Happy Now?
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Post 70 April 28, 2008 at 4:36 p.m.

Its our fault as parents. I know people have to make a living but my dad worked and mom stayed home to raise us. We all sacrificed but it payed of. We cant keep blaming society, the economy, president bush and everyone else. I raise my kids and if i do a bad job its my fault. I am to blame.
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Post 71 April 28, 2008 at 4:41 p.m.

Post 59: Gotta say....that's the stupidest thing I seen posted in a long time. "Just kids"? Yeah, I did some stupid things as a child...none of them involved pumping bullets into somebody's house. Maybe you're home could be a half-way house for these "mischievous" youth?
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Post 72 April 28, 2008 at 7:48 p.m.

May somebody share information of King High School?
My daughter will be atttending King this coming year and I want
to know any information to prepare me for what is to come.
I have a set date for a meeting with the principal in a week to walk the campus but I am scared! I hope this school is a safe school.
All the comments on Ray High School are very sad.
Thank you everyone.
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Post 73 April 28, 2008 at 8:11 p.m.

We need to take back the streets. Whenever one of our kids is harrased in school by a punk,loser gangmember, then we as parents need to gather together and hunt these punks down who beat, shot, stabbed or jumped our kid and eliminate them from this earth. The police can only do so much and it's not their fault that these losers are roaming the streets. We as parents want the best for our kids and so we need to protect them. We outnumber these loser punks and I guarantee they will think twice about beating up on our kids when they start to see many of their gang friends disappearing and being found later in a shallow grave in some ranch. That's when we say," That's a shame". :)
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Post 74 April 28, 2008 at 8:21 p.m.

King High School has its problems too. It is VERY crowded.
Ray H.S. isn't any worse than any other H.S. in the district. Each of them has their fair share of students who have no problems cussing out a teacher. Each and every single school has a number of gang members as part of their student body. No school is immune to it.
(Suggest removal)

Post 75 April 28, 2008 at 9:14 p.m.

What is there at school except drilling for the stupid TAKS test? The schools are forced to drill students to test a really low level of learning. It's boring and when they are bored they are going to create their own curriculum. Our education system no longer exists. It is all about accountability and the politicians are running the show rather than the educators. Let the educators make decisions about the schools and not the politicians. We are not turning out any critical thinkers.
(Suggest removal)

Post 76 April 28, 2008 at 10:09 p.m.

Well said 75! The TAKS is scaring off teachers.
(Suggest removal)

Post 77 April 28, 2008 at 10:22 p.m.

I bet I ruined post 40's day with post 69.

Singed,
The Sad Times Bro imposter.
(Suggest removal)

Post 78 April 28, 2008 at 10:54 p.m.

Post 77:

Nah...nobody's really paying any attention to you anymore...it got old and boring.
(Suggest removal)

Post 79 April 28, 2008 at 11:04 p.m.

Post 72: Each local public high school is equally affected by gangs. Don't think for one minute that King does not harbor gangers. I will say that I feel that the school district understands the problems in the high schools. It's just so colossal to address. I think each campus works hard to address these type of issues.

You just have to make sure that you are involved in your child's school. Make sure that you already have good communication with your child so she/her will not be afraid to tell you anthing that happens at school or at other places he/she hangs out.

If your child is a strong student, he/she will at least be in some good classes where the teachers teach and the kids want to learn. You just want to make sure that your child tells you at the beginning of the school year about how the classes are going. If you feel your child will do better in another class because of the discipline then I suggest you address the issue with the principal.

Don't be afraid. If you are afraid then your child will also be afraid. You must be strong. GET A GRIP. Know that this can make your child a more mature and stronger student. In 4 years your child will be in college and more independent. You want your child ready to face such independence so what happens in high school will only help him/her address a totally new environment
(Suggest removal)

Post 80 April 29, 2008 at 12:21 a.m.

Those bullets didn't slam into innocent parties and no paybacks at school, k? This week is TAKS tests - very very very important for everything to be cool. My kid is still on the phone and almost grounded for ignoring me. So I have time to wish to the parents that your kids have good luck on the TAKS.
(Suggest removal)

Post 81 April 29, 2008 at 12:46 a.m.

If you are moving to the Corpus area, and want you're daughter/son attending a good school ditrict, I would recommend GPISD. If you are tired of the traffic congestion on the southside, or the over flowing population of king and carroll, move to Portland and attend a non-crowded really good academic school.(GP High)
Their new HS has a capacity of 2400 students, and they only have about 1400 right now, so we have plently of room for more students who want to leave the poor performing CCISD schools, and who would like to move to a nice safe town!
(Suggest removal)

Post 82 April 29, 2008 at 3:08 a.m.

I am VERY concerned about the young woman that had this happen to her. I am shocked that her mother would allow her go on TV, show her face, and tell her story. Her own mother would not allow her face to be shown on TV. CCPD has taken over this case, and I would strongly advise that this young girl hide somewhere to stay safe. According to the news last night a CCPD Det. stated an arrest(s) would be made soon.
(Suggest removal)

Post 83 April 29, 2008 at 6:20 a.m.

Parental discipline - Oh - like the guy who shot his son over a flat tire with a grandchild on the premise... that'll teach that grandbaby not to mess with grandpa... This problem is multi generational...
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Post 84 April 29, 2008 at 6:40 a.m.

Make the parents responsible for their children’s actions.
Chain gangs painting fences, parents and kids.

Take control or be a victim.

I keep my CHL up to date and I practice weekly. I can hit a paint can at 50 yards 5 out of six rapid fire. :-)

Don’t forget to spay and neuter your gang bangers.
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Post 85 April 29, 2008 at 8:15 a.m.

Thank you post 79. Your input is appreciated.
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Post 86 April 29, 2008 at 9:19 a.m.

I agree with Post 82--I found it really odd that even the media would let this child show her face on TV knowing she's the target of several bullets. This is serious. If I were her, I'd beg to be sent to school elsewhere in another city. I also found it odd that she didn't look fearful at all and was talking so openly about what happened. I don't think she's being very smart about it at all. Many of these kids today will do anything to get attention and look tough.
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Post 87 April 29, 2008 at 9:25 a.m.

Well i do agree with alot of your comments,i agree that it has a lot to do with Ray H.S. why did it have to escalate to this? But are we also forgetting where are the cops...Serve and protect???? Why havent they done anything about this? Why hasnt anyone been arrested? I hear they have the license plate of the car the BOY was driving the night of the shooting,I guess this will be put under the pile of paperwork they have...But when one of the kids die then it will be a big deal..I believe the principals just turned the other cheek on this problem,I just want to know how they will sleep at night when the shooting happens at the school and innocent children are shot,because you are right problems at home follow you to school and vicea versa.. We need to get rid of these DUMB GANGS... FOLLOWERS FOLLOWERS FOLLOWERS...gangs are nothing but dumb followers...We need to teach our children to be LEADERS.

D.G.
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Post 88 April 29, 2008 at 10:14 a.m.

The CCPD officers are too busy at the athletic club picking up other mens wives, when the men are at work. Besides the CCPD are just thugs with badges themselves, have you seen the news lately. The CCPD are in the area news concerning their own illegal ways more than the area gangbangers. Pleas our Police department is a joke.
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Post 89 April 29, 2008 at 10:59 a.m.

So now when its time for school a parent would address their kid:
"Okay honey, have a good time in school today, listen to the teacher and study hard." "Oh and just in case of haterz, theirs some extra hollow points on the kitchen counter."

Seriously, as adults, WE need to get more involved in our kid's lives folks. Know what's going on with your kid.

Sad Times Bro...Sad Times...

Yeah

T Dub J
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Post 90 April 29, 2008 at 11:27 a.m.

the girl on the news last night looked like a little thug herself.
(Suggest removal)

Post 91 April 29, 2008 at 4:52 p.m.

post 90--She looked totally ghetto--BIG TIME.
(Suggest removal)
~~~~~~~~~~~~~~~~~~~~~~~~~~~

This a little girl. It is no wonder CCISD cares about prosecuting instead of
educating. Then all you anons ready, willing and able to jump on the bandwagon.
Why when CCISD prosecutes parents and their children for absentia because stalking and harassment it makes y'all notice?
are crimes beneficial financially.

§ 51.17. PROCEDURE AND EVIDENCE. (a) Except for the

2008-04-28T05:21:00.000-07:00

FAMILY CODE

TITLE 3. JUVENILE JUSTICE CODE

CHAPTER 51. GENERAL PROVISIONS

§ 51.01. PURPOSE AND INTERPRETATION. This title shall
be construed to effectuate the following public purposes:
(1) to provide for the protection of the public and
public safety;
(2) consistent with the protection of the public and
public safety:
(A) to promote the concept of punishment for
criminal acts;
(B) to remove, where appropriate, the taint of
criminality from children committing certain unlawful acts; and
(C) to provide treatment, training, and
rehabilitation that emphasizes the accountability and
responsibility of both the parent and the child for the child's
conduct;
(3) to provide for the care, the protection, and the
wholesome moral, mental, and physical development of children
coming within its provisions;
(4) to protect the welfare of the community and to
control the commission of unlawful acts by children;
(5) to achieve the foregoing purposes in a family
environment whenever possible, separating the child from the
child's parents only when necessary for the child's welfare or in
the interest of public safety and when a child is removed from the
child's family, to give the child the care that should be provided
by parents; and
(6) to provide a simple judicial procedure through
which the provisions of this title are executed and enforced and in
which the parties are assured a fair hearing and their
constitutional and other legal rights recognized and enforced.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 2, eff. Jan. 1, 1996.

§ 51.02. DEFINITIONS. In this title:
(1) "Aggravated controlled substance felony" means an
offense under Subchapter D, Chapter 481, Health and Safety Code,
that is punishable by:
(A) a minimum term of confinement that is longer
than the minimum term of confinement for a felony of the first
degree; or
(B) a maximum fine that is greater than the
maximum fine for a felony of the first degree.
(2) "Child" means a person who is:
(A) ten years of age or older and under 17 years
of age; or
(B) seventeen years of age or older and under 18
years of age who is alleged or found to have engaged in delinquent
conduct or conduct indicating a need for supervision as a result of
acts committed before becoming 17 years of age.
(3) "Custodian" means the adult with whom the child
resides.
(4) "Guardian" means the person who, under court
order, is the guardian of the person of the child or the public or
private agency with whom the child has been placed by a court.
(5) "Judge" or "juvenile court judge" means the judge
of a juvenile court.
(6) "Juvenile court" means a court designated under
Section 51.04 of this code to exercise jurisdiction over
proceedings under this title.
(7) "Law-enforcement officer" means a peace officer as
defined by Article 2.12, Code of Criminal Procedure.
(8) "Nonoffender" means a child who:
(A) is subject to jurisdiction of a court under
abuse, dependency, or neglect statutes under Title 5 for reasons
other than legally prohibited conduct of the child; or
(B) has been taken into custody and is being held
solely for deportation out of the United States.
(9) "Parent" means the mother or the father of a child,
but does not include a parent whose parental rights have been
terminated.
(10) "Party" means the state, a child who is the
subject of proceedings under this subtitle, or the child's parent,
spouse, guardian, or guardian ad litem.
(11) "Prosecuting attorney" means the county
attorney, district attorney, or other attorney who regularly serves
in a prosecutory capacity in a juvenile court.
(12) "Referral to juvenile court" means the referral
of a child or a child's case to the office or official, including an
intake officer or probation officer, designated by the juvenile
board to process children within the juvenile justice system.
(13) "Secure correctional facility" means any public
or private residential facility, including an alcohol or other drug
treatment facility, that:
(A) includes construction fixtures designed to
physically restrict the movements and activities of juveniles or
other individuals held in lawful custody in the facility; and
(B) is used for the placement of any juvenile who
has been adjudicated as having committed an offense, any
nonoffender, or any other individual convicted of a criminal
offense.
(14) "Secure detention facility" means any public or
private residential facility that:
(A) includes construction fixtures designed to
physically restrict the movements and activities of juveniles or
other individuals held in lawful custody in the facility; and
(B) is used for the temporary placement of any
juvenile who is accused of having committed an offense, any
nonoffender, or any other individual accused of having committed a
criminal offense.
(15) "Status offender" means a child who is accused,
adjudicated, or convicted for conduct that would not, under state
law, be a crime if committed by an adult, including:
(A) truancy under Section 51.03(b)(2);
(B) running away from home under Section
51.03(b)(3);
(C) a fineable only offense under Section
51.03(b)(1) transferred to the juvenile court under Section
51.08(b), but only if the conduct constituting the offense would
not have been criminal if engaged in by an adult;
(D) failure to attend school under Section
25.094, Education Code;
(E) a violation of standards of student conduct
as described by Section 51.03(b)(5);
(F) a violation of a juvenile curfew ordinance or
order;
(G) a violation of a provision of the Alcoholic
Beverage Code applicable to minors only; or
(H) a violation of any other fineable only
offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
conduct constituting the offense would not have been criminal if
engaged in by an adult.
(16) "Traffic offense" means:
(A) a violation of a penal statute cognizable
under Chapter 729, Transportation Code, except for conduct for
which the person convicted may be sentenced to imprisonment or
confinement in jail; or
(B) a violation of a motor vehicle traffic
ordinance of an incorporated city or town in this state.
(17) "Valid court order" means a court order entered
under Section 54.04 concerning a child adjudicated to have engaged
in conduct indicating a need for supervision as a status offender.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2152, ch. 693, § 1, eff.
Sept. 1, 1975; Acts 1995, 74th Leg., ch. 262, § 3, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 165, § 6.06, 30.182, eff. Sept.
1, 1997; Acts 1997, 75th Leg., ch. 822, § 2, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1013, § 13, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1086, § 41, 47, eff. Sept. 1, 1997; Acts
2001, 77th Leg., ch. 821, § 2.02, eff. June 14, 2001; Acts 2001,
77th Leg., ch. 1297, § 1, eff. Sept. 1, 2001; Acts 2003, 78th
Leg., ch. 283, § 1, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 1, eff. September 1, 2005.

§ 51.03. DELINQUENT CONDUCT; CONDUCT INDICATING A NEED
FOR SUPERVISION. (a) Delinquent conduct is:
(1) conduct, other than a traffic offense, that
violates a penal law of this state or of the United States
punishable by imprisonment or by confinement in jail;
(2) conduct that violates a lawful order of a court
under circumstances that would constitute contempt of that court
in:
(A) a justice or municipal court; or
(B) a county court for conduct punishable only by
a fine;
(3) conduct that violates Section 49.04, 49.05, 49.06,
49.07, or 49.08, Penal Code; or
(4) conduct that violates Section 106.041, Alcoholic
Beverage Code, relating to driving under the influence of alcohol
by a minor (third or subsequent offense).
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the absence of a child on 10 or more days or parts
of days within a six-month period in the same school year or on
three or more days or parts of days within a four-week period from
school;
(3) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(4) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(5) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code; or
(6) conduct that violates a reasonable and lawful
order of a court entered under Section 264.305.
(c) Nothing in this title prevents criminal proceedings
against a child for perjury.
(d) It is an affirmative defense to an allegation of conduct
under Subsection (b)(2) that one or more of the absences required to
be proven under that subsection have been excused by a school
official or by the court or that one or more of the absences were
involuntary, but only if there is an insufficient number of
unexcused or voluntary absences remaining to constitute conduct
under Subsection (b)(2). The burden is on the respondent to show
by a preponderance of the evidence that the absence has been or
should be excused or that the absence was involuntary. A decision
by the court to excuse an absence for purposes of this subsection
does not affect the ability of the school district to determine
whether to excuse the absence for another purpose.
(e) For the purposes of Subsection (b)(3), "child" does not
include a person who is married, divorced, or widowed.
(f) Except as provided by Subsection (g), conduct described
under Subsection (b)(1), other than conduct that violates Section
49.02, Penal Code, prohibiting public intoxication, does not
constitute conduct indicating a need for supervision unless the
child has been referred to the juvenile court under Section
51.08(b).
(g) In a county with a population of less than 100,000,
conduct described by Subsection (b)(1)(A) that violates Section
25.094, Education Code, is conduct indicating a need for
supervision.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2153, ch. 693, § 2 to 4, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 906, ch. 340, § 1, eff.
June 6, 1977; Acts 1987, 70th Leg., ch. 511, § 1, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 924, § 1, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 955, § 1, eff. June 19, 1987; Acts
1987, 70th Leg., ch. 1040, § 20, eff. Sept. 1, 1987; Acts 1987,
70th Leg., ch. 1099, § 48, eff. Sept. 1, 1987; Acts 1989, 71st
Leg., ch. 1100, § 3.02, eff. Aug. 28, 1989; Acts 1989, 71st
Leg., ch. 1245, § 1, 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg.,
ch. 14, § 284(35), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch.
16, § 7.02, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 169,
§ 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 46, § 1,
eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, § 14.30, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, § 4, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 165, § 6.07, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1013, § 14, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1015, § 15, eff. June 19, 1997; Acts 1997,
75th Leg., ch. 1086, § 1, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 1297, § 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg.,
ch. 1514, § 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
137, § 11, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908, § 3, eff. September 1,
2007.

§ 51.031. HABITUAL FELONY CONDUCT. (a) Habitual
felony conduct is conduct violating a penal law of the grade of
felony, other than a state jail felony, if:
(1) the child who engaged in the conduct has at least
two previous final adjudications as having engaged in delinquent
conduct violating a penal law of the grade of felony;
(2) the second previous final adjudication is for
conduct that occurred after the date the first previous
adjudication became final; and
(3) all appeals relating to the previous adjudications
considered under Subdivisions (1) and (2) have been exhausted.
(b) For purposes of this section, an adjudication is final
if the child is placed on probation or committed to the Texas Youth
Commission.
(c) An adjudication based on conduct that occurred before
January 1, 1996, may not be considered in a disposition made under
this section.

Added by Acts 1995, 74th Leg., ch. 262, § 5, eff. Jan. 1, 1996.
Amended by Acts 1997, 75th Leg., ch. 1086, § 2, eff. Sept. 1,
1997.

§ 51.04. JURISDICTION. (a) This title covers the
proceedings in all cases involving the delinquent conduct or
conduct indicating a need for supervision engaged in by a person who
was a child within the meaning of this title at the time the person
engaged in the conduct, and, except as provided by Subsection (h),
the juvenile court has exclusive original jurisdiction over
proceedings under this title.
(b) In each county, the county's juvenile board shall
designate one or more district, criminal district, domestic
relations, juvenile, or county courts or county courts at law as the
juvenile court, subject to Subsections (c) and (d) of this section.
(c) If the county court is designated as a juvenile court,
at least one other court shall be designated as the juvenile court.
A county court does not have jurisdiction of a proceeding involving
a petition approved by a grand jury under Section 53.045 of this
code.
(d) If the judge of a court designated in Subsection (b) or
(c) of this section is not an attorney licensed in this state, there
shall also be designated an alternate court, the judge of which is
an attorney licensed in this state.
(e) A designation made under Subsection (b) or (c) of this
section may be changed from time to time by the authorized boards or
judges for the convenience of the people and the welfare of
children. However, there must be at all times a juvenile court
designated for each county. It is the intent of the legislature
that in selecting a court to be the juvenile court of each county,
the selection shall be made as far as practicable so that the court
designated as the juvenile court will be one which is presided over
by a judge who has a sympathetic understanding of the problems of
child welfare and that changes in the designation of juvenile
courts be made only when the best interest of the public requires
it.
(f) If the judge of the juvenile court or any alternate
judge named under Subsection (b) or (c) is not in the county or is
otherwise unavailable, any magistrate may make a determination
under Section 53.02(f) or may conduct the detention hearing
provided for in Section 54.01.
(g) The juvenile board may appoint a referee to make
determinations under Section 53.02(f) or to conduct hearings under
this title. The referee shall be an attorney licensed to practice
law in this state and shall comply with Section 54.10. Payment of
any referee services shall be provided from county funds.
(h) In a county with a population of less than 100,000, the
juvenile court has concurrent jurisdiction with the justice and
municipal courts over conduct engaged in by a child that violates
Section 25.094, Education Code.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 1357, ch. 514, § 1, eff. June
19, 1975; Acts 1975, 64th Leg., p. 2153, ch. 693, § 5 to 7, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 1112, ch. 411, § 1, eff.
June 15, 1977; Acts 1987, 70th Leg., ch. 385, § 1, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 168, § 4, eff. Aug. 30, 1993;
Acts 1999, 76th Leg., ch. 232, § 2, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1297, § 3, eff. Sept. 1, 2001; Acts 2001,
77th Leg., ch. 1514, § 12, eff. Sept. 1, 2001.

§ 51.041. JURISDICTION AFTER APPEAL. (a) The court
retains jurisdiction over a person, without regard to the age of the
person, for conduct engaged in by the person before becoming 17
years of age if, as a result of an appeal by the person or the state
under Chapter 56 or by the person under Article 44.47, Code of
Criminal Procedure, of an order of the court, the order is reversed
or modified and the case remanded to the court by the appellate
court.
(b) If the respondent is at least 18 years of age when the
order of remand from the appellate court is received by the juvenile
court, the juvenile court shall proceed as provided by Sections
54.02(o)-(r) for the detention of a person at least 18 years of age
in discretionary transfer proceedings. Pending retrial of the
adjudication or transfer proceeding, the juvenile court may:
(1) order the respondent released from custody;
(2) order the respondent detained in a juvenile
detention facility; or
(3) set bond and order the respondent detained in a
county adult facility if bond is not made.

Added by Acts 1995, 74th Leg., ch. 262, § 6, eff. Jan. 1, 1996.
Amended by Acts 2001, 77th Leg., ch. 1297, § 4, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 283, § 2, eff. Sept. 1, 2003.

§ 51.0411. JURISDICTION FOR TRANSFER OR RELEASE
HEARING. The court retains jurisdiction over a person, without
regard to the age of the person, who is referred to the court under
Section 54.11 for transfer to the Texas Department of Criminal
Justice or release under supervision.

Added by Acts 1997, 75th Leg., ch. 1086, § 3, eff. June 19, 1997.

§ 51.0412. JURISDICTION OVER INCOMPLETE
PROCEEDINGS. The court retains jurisdiction over a person,
without regard to the age of the person, who is a respondent in an
adjudication proceeding, a disposition proceeding, a proceeding to
modify disposition, or a motion for transfer of determinate
sentence probation to an appropriate district court if:
(1) the petition, motion to modify, or motion for
transfer was filed while the respondent was younger than 18 years of
age;
(2) the proceeding is not complete before the
respondent becomes 18 years of age; and
(3) the court enters a finding in the proceeding that
the prosecuting attorney exercised due diligence in an attempt to
complete the proceeding before the respondent became 18 years of
age.

Added by Acts 2001, 77th Leg., ch. 1297, § 5, eff. Sept. 1, 2001.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 4, eff. September 1,
2007.

§ 51.042. OBJECTION TO JURISDICTION BECAUSE OF AGE OF
THE CHILD. (a) A child who objects to the jurisdiction of the
court over the child because of the age of the child must raise the
objection at the adjudication hearing or discretionary transfer
hearing, if any.
(b) A child who does not object as provided by Subsection
(a) waives any right to object to the jurisdiction of the court
because of the age of the child at a later hearing or on appeal.

Added by Acts 1995, 74th Leg., ch. 262, § 6, eff. Jan. 1, 1996.

§ 51.045. JURIES IN COUNTY COURTS AT LAW. If a provision
of this title requires a jury of 12 persons, that provision prevails
over any other law that limits the number of members of a jury in a
particular county court at law. The state and the defense are
entitled to the same number of peremptory challenges allowed in a
district court.

Added by Acts 1987, 70th Leg., ch. 385, § 2, eff. Sept. 1, 1987.

§ 51.05. COURT SESSIONS AND FACILITIES. (a) The
juvenile court shall be deemed in session at all times. Suitable
quarters shall be provided by the commissioners court of each
county for the hearing of cases and for the use of the judge, the
probation officer, and other employees of the court.
(b) The juvenile court and the juvenile board shall report
annually to the commissioners court on the suitability of the
quarters and facilities of the juvenile court and may make
recommendations for their improvement.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, § 8, eff.
Sept. 1, 1975.

§ 51.06. VENUE. (a) A proceeding under this title
shall be commenced in
(1) the county in which the alleged delinquent conduct
or conduct indicating a need for supervision occurred; or
(2) the county in which the child resides at the time
the petition is filed, but only if:
(A) the child was under probation supervision in
that county at the time of the commission of the delinquent conduct
or conduct indicating a need for supervision;
(B) it cannot be determined in which county the
delinquent conduct or conduct indicating a need for supervision
occurred; or
(C) the county in which the child resides agrees
to accept the case for prosecution, in writing, prior to the case
being sent to the county of residence for prosecution.
(b) An application for a writ of habeas corpus brought by or
on behalf of a person who has been committed to an institution under
the jurisdiction of the Texas Youth Commission and which attacks
the validity of the judgment of commitment shall be brought in the
county in which the court that entered the judgment of commitment is
located.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1, § 1, eff.
April 26, 1983; Acts 1995, 74th Leg., ch. 262, § 7, eff. Jan. 1,
1996; Acts 1999, 76th Leg., ch. 488, § 1, eff. Sept. 1, 1999.

§ 51.07. TRANSFER TO ANOTHER COUNTY FOR DISPOSITION.
When a child has been found to have engaged in delinquent conduct or
conduct indicating a need for supervision under Section 54.03, the
juvenile court may transfer the case and transcripts of records and
documents to the juvenile court of the county where the child
resides for disposition of the case under Section 54.04. Consent
by the court of the county where the child resides is not required.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 3, eff. September 1, 2005.

§ 51.071. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: COURTESY SUPERVISION PROHIBITED. Except as provided by
Section 51.075, a juvenile court or juvenile probation department
may not engage in the practice of courtesy supervision of a child on
probation.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

§ 51.072. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: INTERIM SUPERVISION. (a) In this section:
(1) "Receiving county" means the county to which a
child on probation has moved or intends to move.
(2) "Sending county" means the county that:
(A) originally placed the child on probation; or
(B) assumed permanent supervision of the child
under an inter-county transfer of probation supervision.
(b) When a child on probation moves or intends to move from
one county to another and intends to remain in the receiving county
for at least 60 days, the juvenile probation department of the
sending county shall request that the juvenile probation department
of the receiving county provide interim supervision of the
child. If the receiving county and the sending county are member
counties within a judicial district served by one juvenile
probation department, then a transfer of probation supervision is
not required.
(c) The juvenile probation department of the receiving
county may refuse the request to provide interim supervision only
if:
(1) the residence of the child in the receiving county
is in a residential placement facility arranged by the sending
county; or
(2) the residence of the child in the receiving county
is in a foster care placement arranged by the Department of Family
and Protective Services.
(d) The juvenile probation department of the sending county
shall initiate the request for interim supervision by electronic
communication to the probation officer designated as the
inter-county transfer officer for the juvenile probation
department of the receiving county or, in the absence of this
designation, to the chief juvenile probation officer.
(e) The juvenile probation department of the sending county
shall provide the juvenile probation department of the receiving
county with the following information in the request for interim
supervision initiated under Subsection (d):
(1) the child's name, sex, age, race, and date of
birth;
(2) the name, address, date of birth, and social
security or driver's license number, and telephone number, if
available, of the person with whom the child proposes to reside or
is residing in the receiving county;
(3) the offense for which the child is on probation;
(4) the length of the child's probation term;
(5) a brief summary of the child's history of
referrals;
(6) a brief statement of any special needs of the
child;
(7) the name and telephone number of the child's school
in the receiving county, if available; and
(8) the reason for the child moving or intending to
move to the receiving county.
(f) Not later than 10 business days after a receiving county
has agreed to provide interim supervision of a child, the juvenile
probation department of the sending county shall provide the
juvenile probation department of the receiving county with a copy
of the following documents:
(1) the petition and the adjudication and disposition
orders for the child, including the child's thumbprint;
(2) the child's conditions of probation;
(3) the social history report for the child;
(4) any psychological or psychiatric reports
concerning the child;
(5) the Department of Public Safety CR 43J form or
tracking incident number concerning the child;
(6) any law enforcement incident reports concerning
the offense for which the child is on probation;
(7) any sex offender registration information
concerning the child;
(8) any juvenile probation department progress
reports concerning the child and any other pertinent documentation
for the child's probation officer;
(9) case plans concerning the child;
(10) the Texas Juvenile Probation Commission standard
assessment tool results for the child;
(11) the computerized referral and case history for
the child, including case disposition;
(12) the child's birth certificate;
(13) the child's social security number or social
security card, if available;
(14) the name, address, and telephone number of the
contact person in the sending county's juvenile probation
department;
(15) Title IV-E eligibility screening information for
the child, if available;
(16) the address in the sending county for forwarding
funds collected to which the sending county is entitled;
(17) any of the child's school or immunization records
that the juvenile probation department of the sending county
possesses; and
(18) any victim information concerning the case for
which the child is on probation.
(f-1) The inter-county transfer officers in the sending and
receiving counties shall agree on the official start date for the
period of interim supervision, which must begin no later than three
business days after the date the documents required under
Subsection (f) have been received and accepted by the receiving
county.
(g) The juvenile probation department of the receiving
county shall supervise the child under the probation conditions
imposed by the sending county and provide services similar to those
provided to a child placed on probation under the same conditions in
the receiving county. On request of the juvenile probation
department of the receiving county, the juvenile court of the
receiving county may modify the original probation conditions and
impose new conditions using the procedures in Section 54.05. The
juvenile court of the receiving county may not modify a financial
probation condition imposed by the juvenile court of the sending
county or the length of the child's probation term. The juvenile
court of the receiving county shall designate a cause number for
identifying the modification proceedings.
(h) The juvenile court of the sending county may revoke
probation for a violation of a condition imposed by the juvenile
court of the sending county only if the condition has not been
specifically modified or replaced by the juvenile court of the
receiving county. The juvenile court of the receiving county may
revoke probation for a violation of a condition of probation that
the juvenile court of the receiving county has modified or imposed.
(i) If a child is reasonably believed to have violated a
condition of probation imposed by the juvenile court of the sending
county, the juvenile court of the sending or receiving county may
issue a directive to apprehend or detain the child in a certified
detention facility, as in other cases of probation violation. In
order to respond to a probation violation under this subsection,
the juvenile court of the receiving county may:
(1) modify the conditions of probation or extend the
probation term; or
(2) require that the juvenile probation department of
the sending county resume direct supervision for the child.
(j) On receiving a directive from the juvenile court of the
receiving county under Subsection (i)(2), the juvenile probation
department of the sending county shall arrange for the prompt
transportation of the child back to the sending county at the
expense of the sending county. The juvenile probation department
in the receiving county shall provide the sending county with
supporting written documentation of the incidents of violation of
probation on which the request to resume direct supervision is
based.
(k) The juvenile probation department of the receiving
county is entitled to any probation supervision fees collected from
the child or the child's parent while providing interim supervision
for the child. During the period of interim supervision, the
receiving county shall collect and distribute to the victim
monetary restitution payments in the manner specified by the
sending county. At the expiration of the period of interim
supervision, the receiving county shall collect and distribute
directly to the victim any remaining payments.
(l) The sending county is financially responsible for any
special treatment program or placement that the juvenile court of
the sending county requires as a condition of probation if the
child's family is financially unable to pay for the program or
placement.
(m) Except as provided by Subsection (n), a period of
interim supervision may not exceed 180 days. Permanent
supervision automatically transfers to the juvenile probation
department of the receiving county after the expiration of the
period of interim supervision. The juvenile probation department
of the receiving county may request permanent supervision from the
juvenile probation department of the sending county at any time
before the 180-day interim supervision period expires. After
signing and entry of an order of transfer of permanent supervision
by the sending county juvenile court, the juvenile probation
department shall, in accordance with Section 51.073(b), promptly
send the permanent supervision order and related documents to the
receiving county.
(m-1) If a child on interim supervision moves to another
county of residence or is otherwise no longer in the receiving
county before the expiration of 180 days, the receiving county
shall direct the sending county to resume supervision of the child.
(n) Notwithstanding Subsection (m), the period of interim
supervision of a child who is placed on probation under Section
54.04(q) does not expire until the child has satisfactorily
completed the greater of either 180 days or one-third of the term of
probation, including one-third of the term of any extension of the
probation term ordered under Section 54.05. Permanent supervision
automatically transfers to the probation department of the
receiving county after the expiration of the period of interim
supervision under this subsection. If the state elects to initiate
transfer proceedings under Section 54.051, the juvenile court of
the sending county may order transfer of the permanent supervision
before the expiration of the period of interim supervision under
this subsection.
(o) At least once every 90 days during the period of interim
supervision, the juvenile probation department of the receiving
county shall provide the juvenile probation department of the
sending county with a progress report of supervision concerning the
child.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 5, eff. September 1,
2007.

§ 51.073. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: PERMANENT SUPERVISION. (a) In this section:
(1) "Receiving county" means the county to which a
child on probation has moved or intends to move.
(2) "Sending county" means the county that:
(A) originally placed the child on probation; or
(B) assumed permanent supervision of the child
under an inter-county transfer of probation supervision.
(b) On transfer of permanent supervision of a child under
Section 51.072(m) or (n), the juvenile court of the sending county
shall order the juvenile probation department of the sending county
to provide the juvenile probation department of the receiving
county with the order of transfer. On receipt of the order of
transfer, the juvenile probation department of the receiving county
shall ensure that the order of transfer, the petition, the order of
adjudication, the order of disposition, and the conditions of
probation are filed with the clerk of the juvenile court of the
receiving county.
(c) The juvenile court of the receiving county shall require
that the child be brought before the court in order to impose new or
different conditions of probation than those originally ordered by
the sending county or ordered by the receiving county during the
period of interim supervision. The child shall be represented by
counsel as provided by Section 51.10.
(d) Once permanent supervision is transferred to the
juvenile probation department of the receiving county, the
receiving county is fully responsible for selecting and imposing
conditions of probation, providing supervision, modifying
conditions of probation, and revoking probation. The sending
county has no further jurisdiction over the child's case.
(d-1) On the final transfer of a case involving a child who
has been adjudicated as having committed an offense for which
registration is required under Chapter 62, Code of Criminal
Procedure, the receiving county shall have jurisdiction to conduct
a hearing under that chapter. This subsection does not prohibit
the receiving county juvenile court from considering the written
recommendations of the sending county juvenile court.
(e) This section does not affect the sending county's
jurisdiction over any new offense committed by the child in the
sending county.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 6, eff. September 1,
2007.

§ 51.074. TRANSFER OF PROBATION SUPERVISION BETWEEN
COUNTIES: DEFERRED PROSECUTION. (a) A juvenile court may
transfer interim supervision, but not permanent supervision, to the
county where a child on deferred prosecution resides.
(b) On an extension of a previous order of deferred
prosecution authorized under Section 53.03(j), the child shall
remain on interim supervision for an additional period not to
exceed 180 days.
(c) On a violation of the conditions of the original
deferred prosecution agreement, the receiving county shall forward
the case to the sending county for prosecution or other action in
the manner provided by Sections 51.072(i) and (j), except that the
original conditions of deferred prosecution may not be modified by
the receiving county.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 908, § 7, eff. September 1,
2007.

§ 51.075. COLLABORATIVE SUPERVISION BETWEEN ADJOINING
COUNTIES. (a) If a child who is on probation in one county spends
substantial time in an adjoining county, including residing,
attending school, or working in the adjoining county, the juvenile
probation departments of the two counties may enter into a
collaborative supervision arrangement regarding the child.
(b) Under a collaborative supervision arrangement, the
juvenile probation department of the adjoining county may authorize
a probation officer for the county to provide supervision and other
services for the child as an agent of the juvenile probation
department of the county in which the child was placed on
probation. The probation officer providing supervision and other
services for the child in the adjoining county shall provide the
probation officer supervising the child in the county in which the
child was placed on probation with periodic oral, electronic, or
written reports concerning the child.
(c) The juvenile court of the county in which the child was
placed on probation retains sole authority to modify, amend,
extend, or revoke the child's probation.

Added by Acts 2005, 79th Leg., Ch. 949, § 4, eff. September 1,
2005.

§ 51.08. TRANSFER FROM CRIMINAL COURT. (a) If the
defendant in a criminal proceeding is a child who is charged with an
offense other than perjury, a traffic offense, a misdemeanor
punishable by fine only other than public intoxication, or a
violation of a penal ordinance of a political subdivision, unless
he has been transferred to criminal court under Section 54.02 of
this code, the court exercising criminal jurisdiction shall
transfer the case to the juvenile court, together with a copy of the
accusatory pleading and other papers, documents, and transcripts of
testimony relating to the case, and shall order that the child be
taken to the place of detention designated by the juvenile court, or
shall release him to the custody of his parent, guardian, or
custodian, to be brought before the juvenile court at a time
designated by that court.
(b) A court in which there is pending a complaint against a
child alleging a violation of a misdemeanor offense punishable by
fine only other than a traffic offense or public intoxication or a
violation of a penal ordinance of a political subdivision other
than a traffic offense:
(1) except as provided by Subsection (d), shall waive
its original jurisdiction and refer a child to juvenile court if the
child has previously been convicted of:
(A) two or more misdemeanors punishable by fine
only other than a traffic offense or public intoxication;
(B) two or more violations of a penal ordinance
of a political subdivision other than a traffic offense; or
(C) one or more of each of the types of
misdemeanors described in Paragraph (A) or (B) of this subdivision;
and
(2) may waive its original jurisdiction and refer a
child to juvenile court if the child:
(A) has not previously been convicted of a
misdemeanor punishable by fine only other than a traffic offense or
public intoxication or a violation of a penal ordinance of a
political subdivision other than a traffic offense; or
(B) has previously been convicted of fewer than
two misdemeanors punishable by fine only other than a traffic
offense or public intoxication or two violations of a penal
ordinance of a political subdivision other than a traffic offense.
(c) A court in which there is pending a complaint against a
child alleging a violation of a misdemeanor offense punishable by
fine only other than a traffic offense or public intoxication or a
violation of a penal ordinance of a political subdivision other
than a traffic offense shall notify the juvenile court of the county
in which the court is located of the pending complaint and shall
furnish to the juvenile court a copy of the final disposition of any
matter for which the court does not waive its original jurisdiction
under Subsection (b) of this section.
(d) A court that has implemented a juvenile case manager
program under Article 45.056, Code of Criminal Procedure, may, but
is not required to, waive its original jurisdiction under
Subsection (b)(1).
(e) A juvenile court may not refuse to accept the transfer
of a case brought under Section 25.094, Education Code, for a child
described by Subsection (b)(1) if a prosecuting attorney for the
court determines under Section 53.012 that the case is legally
sufficient under Section 53.01 for adjudication in juvenile court.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1987, 70th Leg., ch. 1040, § 21, eff. Sept. 1,
1987; Acts 1989, 71st Leg., ch. 1245, § 2, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 169, § 2, eff. Sept. 1, 1991; Acts
2001, 77th Leg., ch. 1297, § 6, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 283, § 3, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 650, § 1, eff. September 1, 2005.

§ 51.09. WAIVER OF RIGHTS. Unless a contrary intent
clearly appears elsewhere in this title, any right granted to a
child by this title or by the constitution or laws of this state or
the United States may be waived in proceedings under this title if:
(1) the waiver is made by the child and the attorney
for the child;
(2) the child and the attorney waiving the right are
informed of and understand the right and the possible consequences
of waiving it;
(3) the waiver is voluntary; and
(4) the waiver is made in writing or in court
proceedings that are recorded.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2154, ch. 693, § 9, eff.
Sept. 1, 1975; Acts 1989, 71st Leg., ch. 84, § 1, eff. Sept. 1,
1989; Acts 1991, 72nd Leg., ch. 64, § 1, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 429, § 1, eff. Sept. 1, 1991; Acts
1991, 72nd Leg., ch. 557, § 1, eff. Sept. 1, 1991; Acts 1991,
72nd Leg., ch. 593, § 1, eff. Aug. 26, 1991; Acts 1995, 74th
Leg., ch. 262, § 8, 9, eff. Jan. 1, 1996; Acts 1997, 75th Leg.,
ch. 1086, § 4, eff. Sept. 1, 1997.

§ 51.095. ADMISSIBILITY OF A STATEMENT OF A CHILD.
(a) Notwithstanding Section 51.09, the statement of a child is
admissible in evidence in any future proceeding concerning the
matter about which the statement was given if:
(1) the statement is made in writing under a
circumstance described by Subsection (d) and:
(A) the statement shows that the child has at
some time before the making of the statement received from a
magistrate a warning that:
(i) the child may remain silent and not make
any statement at all and that any statement that the child makes may
be used in evidence against the child;
(ii) the child has the right to have an
attorney present to advise the child either prior to any
questioning or during the questioning;
(iii) if the child is unable to employ an
attorney, the child has the right to have an attorney appointed to
counsel with the child before or during any interviews with peace
officers or attorneys representing the state; and
(iv) the child has the right to terminate
the interview at any time;
(B) and:
(i) the statement must be signed in the
presence of a magistrate by the child with no law enforcement
officer or prosecuting attorney present, except that a magistrate
may require a bailiff or a law enforcement officer if a bailiff is
not available to be present if the magistrate determines that the
presence of the bailiff or law enforcement officer is necessary for
the personal safety of the magistrate or other court personnel,
provided that the bailiff or law enforcement officer may not carry a
weapon in the presence of the child; and
(ii) the magistrate must be fully convinced
that the child understands the nature and contents of the statement
and that the child is signing the same voluntarily, and if a
statement is taken, the magistrate must sign a written statement
verifying the foregoing requisites have been met;
(C) the child knowingly, intelligently, and
voluntarily waives these rights before and during the making of the
statement and signs the statement in the presence of a magistrate;
and
(D) the magistrate certifies that the magistrate
has examined the child independent of any law enforcement officer
or prosecuting attorney, except as required to ensure the personal
safety of the magistrate or other court personnel, and has
determined that the child understands the nature and contents of
the statement and has knowingly, intelligently, and voluntarily
waived these rights;
(2) the statement is made orally and the child makes a
statement of facts or circumstances that are found to be true and
tend to establish the child's guilt, such as the finding of secreted
or stolen property, or the instrument with which the child states
the offense was committed;
(3) the statement was res gestae of the delinquent
conduct or the conduct indicating a need for supervision or of the
arrest;
(4) the statement is made:
(A) in open court at the child's adjudication
hearing;
(B) before a grand jury considering a petition,
under Section 53.045, that the child engaged in delinquent conduct;
or
(C) at a preliminary hearing concerning the child
held in compliance with this code, other than at a detention hearing
under Section 54.01; or
(5) subject to Subsection (f), the statement is made
orally under a circumstance described by Subsection (d) and the
statement is recorded by an electronic recording device, including
a device that records images, and:
(A) before making the statement, the child is
given the warning described by Subdivision (1)(A) by a magistrate,
the warning is a part of the recording, and the child knowingly,
intelligently, and voluntarily waives each right stated in the
warning;
(B) the recording device is capable of making an
accurate recording, the operator of the device is competent to use
the device, the recording is accurate, and the recording has not
been altered;
(C) each voice on the recording is identified;
and
(D) not later than the 20th day before the date of
the proceeding, the attorney representing the child is given a
complete and accurate copy of each recording of the child made under
this subdivision.
(b) This section and Section 51.09 do not preclude the
admission of a statement made by the child if:
(1) the statement does not stem from interrogation of
the child under a circumstance described by Subsection (d); or
(2) without regard to whether the statement stems from
interrogation of the child under a circumstance described by
Subsection (d), the statement is voluntary and has a bearing on the
credibility of the child as a witness.
(c) An electronic recording of a child's statement made
under Subsection (a)(5) shall be preserved until all juvenile or
criminal matters relating to any conduct referred to in the
statement are final, including the exhaustion of all appeals, or
barred from prosecution.
(d) Subsections (a)(1) and (a)(5) apply to the statement of
a child made:
(1) while the child is in a detention facility or other
place of confinement;
(2) while the child is in the custody of an officer;
or
(3) during or after the interrogation of the child by
an officer if the child is in the possession of the Department of
Protective and Regulatory Services and is suspected to have engaged
in conduct that violates a penal law of this state.
(e) A juvenile law referee or master may perform the duties
imposed on a magistrate under this section without the approval of
the juvenile court if the juvenile board of the county in which the
statement of the child is made has authorized a referee or master to
perform the duties of a magistrate under this section.
(f) A magistrate who provides the warnings required by
Subsection (a)(5) for a recorded statement may at the time the
warnings are provided request by speaking on the recording that the
officer return the child and the recording to the magistrate at the
conclusion of the process of questioning. The magistrate may then
view the recording with the child or have the child view the
recording to enable the magistrate to determine whether the child's
statements were given voluntarily. The magistrate's determination
of voluntariness shall be reduced to writing and signed and dated by
the magistrate. If a magistrate uses the procedure described by
this subsection, a child's statement is not admissible unless the
magistrate determines that the statement was given voluntarily.

Added by Acts 1997, 75th Leg., ch. 1086, § 4, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 982, § 1, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1477, § 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1297, § 7, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1420, § 21.001(29), eff. Sept. 1, 2001.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 5, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908, § 8, eff. September 1,
2007.

§ 51.10. RIGHT TO ASSISTANCE OF ATTORNEY;
COMPENSATION. (a) A child may be represented by an attorney at
every stage of proceedings under this title, including:
(1) the detention hearing required by Section 54.01 of
this code;
(2) the hearing to consider transfer to criminal court
required by Section 54.02 of this code;
(3) the adjudication hearing required by Section 54.03
of this code;
(4) the disposition hearing required by Section 54.04
of this code;
(5) the hearing to modify disposition required by
Section 54.05 of this code;
(6) hearings required by Chapter 55 of this code;
(7) habeas corpus proceedings challenging the
legality of detention resulting from action under this title; and
(8) proceedings in a court of civil appeals or the
Texas Supreme Court reviewing proceedings under this title.
(b) The child's right to representation by an attorney shall
not be waived in:
(1) a hearing to consider transfer to criminal court
as required by Section 54.02 of this code;
(2) an adjudication hearing as required by Section
54.03 of this code;
(3) a disposition hearing as required by Section 54.04
of this code;
(4) a hearing prior to commitment to the Texas Youth
Commission as a modified disposition in accordance with Section
54.05(f) of this code; or
(5) hearings required by Chapter 55 of this code.
(c) If the child was not represented by an attorney at the
detention hearing required by Section 54.01 of this code and a
determination was made to detain the child, the child shall
immediately be entitled to representation by an attorney. The
court shall order the retention of an attorney according to
Subsection (d) or appoint an attorney according to Subsection (f).
(d) The court shall order a child's parent or other person
responsible for support of the child to employ an attorney to
represent the child, if:
(1) the child is not represented by an attorney;
(2) after giving the appropriate parties an
opportunity to be heard, the court determines that the parent or
other person responsible for support of the child is financially
able to employ an attorney to represent the child; and
(3) the child's right to representation by an
attorney:
(A) has not been waived under Section 51.09 of
this code; or
(B) may not be waived under Subsection (b) of
this section.
(e) The court may enforce orders under Subsection (d) by
proceedings under Section 54.07 or by appointing counsel and
ordering the parent or other person responsible for support of the
child to pay a reasonable attorney's fee set by the court. The
order may be enforced under Section 54.07.
(f) The court shall appoint an attorney to represent the
interest of a child entitled to representation by an attorney, if:
(1) the child is not represented by an attorney;
(2) the court determines that the child's parent or
other person responsible for support of the child is financially
unable to employ an attorney to represent the child; and
(3) the child's right to representation by an
attorney:
(A) has not been waived under Section 51.09 of
this code; or
(B) may not be waived under Subsection (b) of
this section.
(g) The juvenile court may appoint an attorney in any case
in which it deems representation necessary to protect the interests
of the child.
(h) Any attorney representing a child in proceedings under
this title is entitled to 10 days to prepare for any adjudication or
transfer hearing under this title.
(i) Except as provided in Subsection (d) of this section, an
attorney appointed under this section to represent the interests of
a child shall be paid from the general fund of the county in which
the proceedings were instituted according to the schedule in
Article 26.05 of the Texas Code of Criminal Procedure, 1965. For
this purpose, a bona fide appeal to a court of civil appeals or
proceedings on the merits in the Texas Supreme Court are considered
the equivalent of a bona fide appeal to the Texas Court of Criminal
Appeals.
(j) The juvenile board of a county may make available to the
public the list of attorneys eligible for appointment to represent
children in proceedings under this title as provided in the plan
adopted under Section 51.102. The list of attorneys must indicate
the level of case for which each attorney is eligible for
appointment under Section 51.102(b)(2).
(k) Subject to Chapter 61, the juvenile court may order the
parent or other person responsible for support of the child to
reimburse the county for payments the county made to counsel
appointed to represent the child under Subsection (f) or (g). The
court may:
(1) order payment for each attorney who has
represented the child at any hearing, including a detention
hearing, discretionary transfer hearing, adjudication hearing,
disposition hearing, or modification of disposition hearing;
(2) include amounts paid to or on behalf of the
attorney by the county for preparation time and investigative and
expert witness costs; and
(3) require full or partial reimbursement to the
county.
(l) The court may not order payments under Subsection (k)
that exceed the financial ability of the parent or other person
responsible for support of the child to meet the payment schedule
ordered by the court.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1983, 68th Leg., p. 161, ch. 44, art. 1, § 2, eff.
April 26, 1983; Acts 1995, 74th Leg., ch. 262, § 11, eff. Jan. 1,
1996; Acts 2001, 77th Leg., ch. 1297, § 8, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 283, § 4, eff. Sept. 1, 2003.

§ 51.101. APPOINTMENT OF ATTORNEY AND CONTINUATION OF
REPRESENTATION. (a) If an attorney is appointed at the initial
detention hearing and the child is detained, the attorney shall
continue to represent the child until the case is terminated, the
family retains an attorney, or a new attorney is appointed by the
juvenile court. Release of the child from detention does not
terminate the attorney's representation.
(b) If there is an initial detention hearing without an
attorney and the child is detained, the attorney appointed under
Section 51.10(c) shall continue to represent the child until the
case is terminated, the family retains an attorney, or a new
attorney is appointed by the juvenile court. Release of the child
from detention does not terminate the attorney's representation.
(c) The juvenile court shall determine, on the filing of a
petition, whether the child's family is indigent if:
(1) the child is released by intake;
(2) the child is released at the initial detention
hearing; or
(3) the case was referred to the court without the
child in custody.
(d) A juvenile court that makes a finding of indigence under
Subsection (c) shall appoint an attorney to represent the child on
or before the fifth working day after the date the petition for
adjudication or discretionary transfer hearing was served on the
child. An attorney appointed under this subsection shall continue
to represent the child until the case is terminated, the family
retains an attorney, or a new attorney is appointed by the juvenile
court.
(e) The juvenile court shall determine whether the child's
family is indigent if a motion or petition is filed under Section
54.05 seeking to modify disposition by committing the child to the
Texas Youth Commission or placing the child in a secure
correctional facility. A court that makes a finding of indigence
shall appoint an attorney to represent the child on or before the
fifth working day after the date the petition or motion has been
filed. An attorney appointed under this subsection shall continue
to represent the child until the court rules on the motion or
petition, the family retains an attorney, or a new attorney is
appointed.

Added by Acts 2001, 77th Leg., ch. 1297, § 9, eff. Sept. 1, 2001.

§ 51.102. APPOINTMENT OF COUNSEL PLAN. (a) The
juvenile board in each county shall adopt a plan that:
(1) specifies the qualifications necessary for an
attorney to be included on an appointment list from which attorneys
are appointed to represent children in proceedings under this
title; and
(2) establishes the procedures for:
(A) including attorneys on the appointment list
and removing attorneys from the list; and
(B) appointing attorneys from the appointment
list to individual cases.
(b) A plan adopted under Subsection (a) must:
(1) to the extent practicable, comply with the
requirements of Article 26.04, Code of Criminal Procedure, except
that:
(A) the income and assets of the child's parent
or other person responsible for the child's support must be used in
determining whether the child is indigent; and
(B) any alternative plan for appointing counsel
is established by the juvenile board in the county; and
(2) recognize the differences in qualifications and
experience necessary for appointments to cases in which:
(A) the allegation is:
(i) conduct indicating a need for
supervision or delinquent conduct, and commitment to the Texas
Youth Commission is not an authorized disposition; or
(ii) delinquent conduct, and commitment to
the Texas Youth Commission without a determinate sentence is an
authorized disposition; or
(B) determinate sentence proceedings have been
initiated or proceedings for discretionary transfer to criminal
court have been initiated.

Added by Acts 2001, 77th Leg., ch. 906, § 11, eff. Jan. 1, 2002.
Renumbered from § 51.101 by Acts 2003, 78th Leg., ch. 1275, §
2(51), eff. Sept. 1, 2003. Renumbered from § 51.101 and amended
by Acts 2003, 78th Leg., ch. 283, § 5, eff. Sept. 1, 2003.

§ 51.11. GUARDIAN AD LITEM. (a) If a child appears
before the juvenile court without a parent or guardian, the court
shall appoint a guardian ad litem to protect the interests of the
child. The juvenile court need not appoint a guardian ad litem if a
parent or guardian appears with the child.
(b) In any case in which it appears to the juvenile court
that the child's parent or guardian is incapable or unwilling to
make decisions in the best interest of the child with respect to
proceedings under this title, the court may appoint a guardian ad
litem to protect the interests of the child in the proceedings.
(c) An attorney for a child may also be his guardian ad
litem. A law-enforcement officer, probation officer, or other
employee of the juvenile court may not be appointed guardian ad
litem.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.

§ 51.115. ATTENDANCE AT HEARING: PARENT OR OTHER
GUARDIAN. (a) Each parent of a child, each managing and
possessory conservator of a child, each court-appointed custodian
of a child, and a guardian of the person of the child shall attend
each hearing affecting the child held under:
(1) Section 54.02 (waiver of jurisdiction and
discretionary transfer to criminal court);
(2) Section 54.03 (adjudication hearing);
(3) Section 54.04 (disposition hearing);
(4) Section 54.05 (hearing to modify disposition);
and
(5) Section 54.11 (release or transfer hearing).
(b) Subsection (a) does not apply to:
(1) a person for whom, for good cause shown, the court
waives attendance;
(2) a person who is not a resident of this state; or
(3) a parent of a child for whom a managing conservator
has been appointed and the parent is not a conservator of the child.
(c) A person required under this section to attend a hearing
is entitled to reasonable written or oral notice that includes a
statement of the place, date, and time of the hearing and that the
attendance of the person is required. The notice may be included
with or attached to any other notice required by this chapter to be
given the person. Separate notice is not required for a disposition
hearing that convenes on the adjournment of an adjudication
hearing. If a person required under this section fails to attend a
hearing, the juvenile court may proceed with the hearing.
(d) A person who is required by Subsection (a) to attend a
hearing, who receives the notice of the hearing, and who fails to
attend the hearing may be punished by the court for contempt by a
fine of not less than $100 and not more than $1,000. In addition to
or in lieu of contempt, the court may order the person to receive
counseling or to attend an educational course on the duties and
responsibilities of parents and skills and techniques in raising
children.

Added by Acts 1995, 74th Leg., ch. 262, § 10, eff. Jan. 1, 1996.

§ 51.116. RIGHT TO REEMPLOYMENT. (a) An employer may
not terminate the employment of a permanent employee because the
employee is required under Section 51.115 to attend a hearing.
(b) An employee whose employment is terminated in violation
of this section is entitled to return to the same employment that
the employee held when notified of the hearing if the employee, as
soon as practical after the hearing, gives the employer actual
notice that the employee intends to return.
(c) A person who is injured because of a violation of this
section is entitled to reinstatement to the person's former
position and to damages, but the damages may not exceed an amount
equal to six months' compensation at the rate at which the person
was compensated when required to attend the hearing.
(d) The injured person is also entitled to reasonable
attorney's fees in an amount approved by the court.
(e) It is a defense to an action brought under this section
that the employer's circumstances changed while the employee
attended the hearing so that reemployment was impossible or
unreasonable. To establish a defense under this subsection, an
employer must prove that the termination of employment was because
of circumstances other than the employee's attendance at the
hearing.

Added by Acts 1995, 74th Leg., ch. 262, § 10, eff. Jan. 1, 1996.

§ 51.12. PLACE AND CONDITIONS OF DETENTION. (a) Except
as provided by Subsection (h), a child may be detained only in a:
(1) juvenile processing office in compliance with
Section 52.025;
(2) place of nonsecure custody in compliance with
Article 45.058, Code of Criminal Procedure;
(3) certified juvenile detention facility that
complies with the requirements of Subsection (f);
(4) secure detention facility as provided by
Subsection (j); or
(5) county jail or other facility as provided by
Subsection (l).
(b) The proper authorities in each county shall provide a
suitable place of detention for children who are parties to
proceedings under this title, but the juvenile board shall control
the conditions and terms of detention and detention supervision and
shall permit visitation with the child at all reasonable times.
(b-1) A pre-adjudication secure detention facility may be
operated only by:
(1) a governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code; or
(2) a private entity under a contract with a
governmental unit in this state.
(c) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all public or private juvenile pre-adjudication secure
detention facilities that are located in the county at least
annually and shall certify in writing to the authorities
responsible for operating and giving financial support to the
facilities and to the Texas Juvenile Probation Commission that the
facilities are suitable or unsuitable for the detention of
children. In determining whether a facility is suitable or
unsuitable for the detention of children, the juvenile court judges
and juvenile board members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the Texas Juvenile
Probation Commission, including the report provided under
Subsection (c-1), and the status of any required corrective
actions;
(2) current governmental inspector certification
regarding the facility's compliance with local fire codes;
(3) current building inspector certification
regarding the facility's compliance with local building codes;
(4) for the 12-month period preceding the inspection,
the total number of allegations of abuse, neglect, or exploitation
reported by the facility and a summary of the findings of any
investigations of abuse, neglect, or exploitation conducted by the
facility, a local law enforcement agency, and the Texas Juvenile
Probation Commission;
(5) the availability of health and mental health
services provided to facility residents;
(6) the availability of educational services provided
to facility residents; and
(7) the overall physical appearance of the facility,
including the facility's security, maintenance, cleanliness, and
environment.
(c-1) The Texas Juvenile Probation Commission shall
annually inspect each public or private juvenile pre-adjudication
secure detention facility. The Texas Juvenile Probation
Commission shall provide a report to each juvenile court judge
presiding in the same county as an inspected facility indicating
whether the facility is suitable or unsuitable for the detention of
children in accordance with:
(1) the requirements of Subsections (a), (f), and (g);
and
(2) minimum professional standards for the detention
of children in pre-adjudication secure confinement promulgated by
the Texas Juvenile Probation Commission or, at the election of the
juvenile board of the county in which the facility is located, the
current standards promulgated by the American Correctional
Association.
(d) Except as provided by Subsections (j) and (l), a child
may not be placed in a facility that has not been certified under
Subsection (c) as suitable for the detention of children and
registered under Subsection (i). Except as provided by Subsections
(j) and (l), a child detained in a facility that has not been
certified under Subsection (c) as suitable for the detention of
children or that has not been registered under Subsection (i) shall
be entitled to immediate release from custody in that facility.
(e) If there is no certified place of detention in the
county in which the petition is filed, the designated place of
detention may be in another county.
(f) A child detained in a building that contains a jail,
lockup, or other place of secure confinement, including an alcohol
or other drug treatment facility, shall be separated by sight and
sound from adults detained in the same building. Children and
adults are separated by sight and sound only if they are unable to
see each other and conversation between them is not possible. The
separation must extend to all areas of the facility, including
sally ports and passageways, and those areas used for admission,
counseling, sleeping, toileting, showering, dining, recreational,
educational, or vocational activities, and health care. The
separation may be accomplished through architectural design.
(g) Except for a child detained in a juvenile processing
office, a place of nonsecure custody, a secure detention facility
as provided by Subsection (j), or a facility as provided by
Subsection (l), a child detained in a building that contains a jail
or lockup may not have any contact with:
(1) part-time or full-time security staff, including
management, who have contact with adults detained in the same
building; or
(2) direct-care staff who have contact with adults
detained in the same building.
(h) This section does not apply to a person:
(1) after transfer to criminal court for prosecution
under Section 54.02; or
(2) who is at least 17 years of age and who has been
taken into custody after having:
(A) escaped from a juvenile facility operated by
or under contract with the Texas Youth Commission; or
(B) violated a condition of release under
supervision of the Texas Youth Commission.
(i) Except for a facility as provided by Subsection (l), a
governmental unit or private entity that operates or contracts for
the operation of a juvenile pre-adjudication secure detention
facility under Subsection (b-1) in this state shall:
(1) register the facility annually with the Texas
Juvenile Probation Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(j) After being taken into custody, a child may be detained
in a secure detention facility until the child is released under
Section 53.01, 53.012, or 53.02 or until a detention hearing is held
under Section 54.01(a), regardless of whether the facility has been
certified under Subsection (c), if:
(1) a certified juvenile detention facility is not
available in the county in which the child is taken into custody;
(2) the detention facility complies with:
(A) the short-term detention standards adopted
by the Texas Juvenile Probation Commission; and
(B) the requirements of Subsection (f); and
(3) the detention facility has been designated by the
county juvenile board for the county in which the facility is
located.
(k) If a child who is detained under Subsection (j) or (l) is
not released from detention at the conclusion of the detention
hearing for a reason stated in Section 54.01(e), the child may be
detained after the hearing only in a certified juvenile detention
facility.
(l) A child who is taken into custody and required to be
detained under Section 53.02(f) may be detained in a county jail or
other facility until the child is released under Section 53.02(f)
or until a detention hearing is held as required by Section
54.01(p), regardless of whether the facility complies with the
requirements of this section, if:
(1) a certified juvenile detention facility or a
secure detention facility described by Subsection (j) is not
available in the county in which the child is taken into custody or
in an adjacent county;
(2) the facility has been designated by the county
juvenile board for the county in which the facility is located;
(3) the child is separated by sight and sound from
adults detained in the same facility through architectural design
or time-phasing;
(4) the child does not have any contact with
management or direct-care staff that has contact with adults
detained in the same facility on the same work shift;
(5) the county in which the child is taken into custody
is not located in a metropolitan statistical area as designated by
the United States Bureau of the Census; and
(6) each judge of the juvenile court and a majority of
the members of the juvenile board of the county in which the child
is taken into custody have personally inspected the facility at
least annually and have certified in writing to the Texas Juvenile
Probation Commission that the facility complies with the
requirements of Subdivisions (3) and (4).
(m) The Texas Juvenile Probation Commission may deny,
suspend, or revoke the registration of any facility required to
register under Subsection (i) if the facility fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2155, ch. 693, § 10, 11, eff.
Sept. 1, 1975; Acts 1985, 69th Leg., ch. 293, § 1, eff. Aug. 26,
1985; Acts 1987, 70th Leg., ch. 149, § 31, eff. Sept. 1, 1987;
Acts 1995, 74th Leg., ch. 262, § 12, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 772, § 1, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 1374, § 1, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 62, § 6.07, eff. Sept. 1, 1999; Acts 1999, 76th Leg.,
ch. 232, § 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1477,
§ 2, eff; Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1297, §
10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, § 13,
eff. Sept. 1, 2001.

Amended by:
Acts 2007, 80th Leg., R.S., Ch. 263, § 5, eff. June 8,
2007.

§ 51.125. POST-ADJUDICATION CORRECTIONAL FACILITIES.
(a) A post-adjudication secure correctional facility for juvenile
offenders may be operated only by:
(1) a governmental unit in this state as defined by
Section 101.001, Civil Practice and Remedies Code; or
(2) a private entity under a contract with a
governmental unit in this state.
(b) In each county, each judge of the juvenile court and a
majority of the members of the juvenile board shall personally
inspect all public or private juvenile post-adjudication secure
correctional facilities that are not operated by the Texas Youth
Commission and that are located in the county at least annually and
shall certify in writing to the authorities responsible for
operating and giving financial support to the facilities and to the
Texas Juvenile Probation Commission that the facility or facilities
are suitable or unsuitable for the confinement of children. In
determining whether a facility is suitable or unsuitable for the
confinement of children, the juvenile court judges and juvenile
board members shall consider:
(1) current monitoring and inspection reports and any
noncompliance citation reports issued by the Texas Juvenile
Probation Commission, including the report provided under
Subsection (c), and the status of any required corrective actions;
and
(2) the other factors described under Sections
51.12(c)(2)-(7).
(c) The Texas Juvenile Probation Commission shall annually
inspect each public or private juvenile post-adjudication secure
correctional facility that is not operated by the Texas Youth
Commission. The Texas Juvenile Probation Commission shall provide
a report to each juvenile court judge presiding in the same county
as an inspected facility indicating whether the facility is
suitable or unsuitable for the confinement of children in
accordance with minimum professional standards for the confinement
of children in post-adjudication secure confinement promulgated by
the Texas Juvenile Probation Commission or, at the election of the
juvenile board of the county in which the facility is located, the
current standards promulgated by the American Correctional
Association.
(d) A governmental unit or private entity that operates or
contracts for the operation of a juvenile post-adjudication secure
correctional facility in this state under Subsection (a), except
for a facility operated by or under contract with the Texas Youth
Commission, shall:
(1) register the facility annually with the Texas
Juvenile Probation Commission; and
(2) adhere to all applicable minimum standards for the
facility.
(e) The Texas Juvenile Probation Commission may deny,
suspend, or revoke the registration of any facility required to
register under Subsection (d) if the facility fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.

Added by Acts 2007, 80th Leg., R.S., Ch. 263, § 6, eff. June 8,
2007.

§ 51.13. EFFECT OF ADJUDICATION OR DISPOSITION.
(a) Except as provided by Subsection (d), an order of adjudication
or disposition in a proceeding under this title is not a conviction
of crime. Except as provided by Chapter 841, Health and Safety
Code, an order of adjudication or disposition does not impose any
civil disability ordinarily resulting from a conviction or operate
to disqualify the child in any civil service application or
appointment.
(b) The adjudication or disposition of a child or evidence
adduced in a hearing under this title may be used only in
subsequent:
(1) proceedings under this title in which the child is
a party;
(2) sentencing proceedings in criminal court against
the child to the extent permitted by the Texas Code of Criminal
Procedure, 1965; or
(3) civil commitment proceedings under Chapter 841,
Health and Safety Code.
(c) A child may not be committed or transferred to a penal
institution or other facility used primarily for the execution of
sentences of persons convicted of crime, except:
(1) for temporary detention in a jail or lockup
pending juvenile court hearing or disposition under conditions
meeting the requirements of Section 51.12 of this code;
(2) after transfer for prosecution in criminal court
under Section 54.02 of this code; or
(3) after transfer from the Texas Youth Commission
under Section 61.084, Human Resources Code.
(d) An adjudication under Section 54.03 that a child engaged
in conduct that occurred on or after January 1, 1996, and that
constitutes a felony offense resulting in commitment to the Texas
Youth Commission under Section 54.04(d)(2), (d)(3), or (m) or
54.05(f) is a final felony conviction only for the purposes of
Sections 12.42(a), (b), (c)(1), and (e), Penal Code.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1987, 70th Leg., ch. 385, § 3, eff. Sept. 1,
1987; Acts 1993, 73rd Leg., ch. 799, § 1, eff. June 18, 1993;
Acts 1995, 74th Leg., ch. 262, § 13, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 1086, § 5, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1188, § 4.02, eff. Sept. 1, 1999; Acts 2003, 78th
Leg., ch. 283, § 6, eff. Sept. 1, 2003.

§ 51.151. POLYGRAPH EXAMINATION. If a child is taken
into custody under Section 52.01 of this code, a person may not
administer a polygraph examination to the child without the consent
of the child's attorney or the juvenile court unless the child is
transferred to criminal court for prosecution under Section 54.02
of this code.

Added by Acts 1987, 70th Leg., ch. 708, § 1, eff. Sept. 1, 1987.

§ 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
burden of proof to be borne by the state in adjudicating a child to
be delinquent or in need of supervision under Section 54.03(f) or
otherwise when in conflict with a provision of this title, the Texas
Rules of Civil Procedure govern proceedings under this title.
(b) Discovery in a proceeding under this title is governed
by the Code of Criminal Procedure and by case decisions in criminal
cases.
(c) Except as otherwise provided by this title, the Texas
Rules of Evidence apply to criminal cases and Articles 33.03 and
37.07 and Chapter 38, Code of Criminal Procedure, apply in a
judicial proceeding under this title.
(d) When on the motion for appointment of an interpreter by
a party or on the motion of the juvenile court, in any proceeding
under this title, the court determines that the child, the child's
parent or guardian, or a witness does not understand and speak
English, an interpreter must be sworn to interpret for the person as
provided by Article 38.30, Code of Criminal Procedure.
(e) In any proceeding under this title, if a party notifies
the court that the child, the child's parent or guardian, or a
witness is deaf, the court shall appoint a qualified interpreter to
interpret the proceedings in any language, including sign language,
that the deaf person can understand, as provided by Article 38.31,
Code of Criminal Procedure.
(f) Any requirement under this title that a document contain
a person's signature, including the signature of a judge or a clerk
of the court, is satisfied if the document contains the signature of
the person as captured on an electronic device or as a digital
signature. Article 2.26, Code of Criminal Procedure, applies in a
proceeding held under this title.
(g) Articles 21.07, 26.07, 26.08, 26.09, and 26.10, Code of
Criminal Procedure, relating to the name of an adult defendant in a
criminal case, apply to a child in a proceeding held under this
title.
(h) Articles 57.01 and 57.02, Code of Criminal Procedure,
relating to the use of a pseudonym by a victim in a criminal case,
apply in a proceeding held under this title.
(i) Except as provided by Section 56.03(f), the state is not
required to pay any cost or fee otherwise imposed for court
proceedings in either the trial or appellate courts.

Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 14, eff. Jan. 1,
1996; Acts 1999, 76th Leg., ch. 1477, § 3, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 283, § 7, eff. Sept. 1, 2003.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 6, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908, § 9, eff. September 1,
2007.

§ 51.18. ELECTION BETWEEN JUVENILE COURT AND ALTERNATE
JUVENILE COURT. (a) This section applies only to a child who has a
right to a trial before a juvenile court the judge of which is not an
attorney licensed in this state.
(b) On any matter that may lead to an order appealable under
Section 56.01 of this code, a child may be tried before either the
juvenile court or the alternate juvenile court.
(c) The child may elect to be tried before the alternate
juvenile court only if the child files a written notice with that
court not later than 10 days before the date of the trial. After the
notice is filed, the child may be tried only in the alternate
juvenile court. If the child does not file a notice as provided by
this subsection, the child may be tried only in the juvenile court.
(d) If the child is tried before the juvenile court, the
child is not entitled to a trial de novo before the alternate
juvenile court.
(e) The child may appeal any order of the juvenile court or
alternate juvenile court only as provided by Section 56.01 of this
code.

Added by Acts 1977, 65th Leg., p. 1112, ch. 411, § 2, eff. June
15, 1977. Amended by Acts 1993, 73rd Leg., ch. 168, § 3, eff.
Aug. 30, 1993.

§ 51.19. LIMITATION PERIODS. (a) The limitation
periods and the procedures for applying the limitation periods
under Chapter 12, Code of Criminal Procedure, and other statutory
law apply to proceedings under this title.
(b) For purposes of computing a limitation period, a
petition filed in juvenile court for a transfer or an adjudication
hearing is equivalent to an indictment or information and is
treated as presented when the petition is filed in the proper court.
(c) The limitation period is two years for an offense or
conduct that is not given a specific limitation period under
Chapter 12, Code of Criminal Procedure, or other statutory law.

Added by Acts 1997, 75th Leg., ch. 1086, § 6, eff. Sept. 1, 1997.

§ 51.20. PHYSICAL OR MENTAL EXAMINATION. (a) At any
stage of the proceedings under this title, the juvenile court may
order a child who is referred to the juvenile court or who is
alleged by a petition or found to have engaged in delinquent conduct
or conduct indicating a need for supervision to be examined by a
disinterested expert, including a physician, psychiatrist, or
psychologist, qualified by education and clinical training in
mental health or mental retardation and experienced in forensic
evaluation, to determine whether the child has a mental illness as
defined by Section 571.003, Health and Safety Code, or is a person
with mental retardation as defined by Section 591.003, Health and
Safety Code. If the examination is to include a determination of
the child's fitness to proceed, an expert may be appointed to
conduct the examination only if the expert is qualified under
Subchapter B, Chapter 46B, Code of Criminal Procedure, to examine a
defendant in a criminal case, and the examination and the report
resulting from an examination under this subsection must comply
with the requirements under Subchapter B, Chapter 46B, Code of
Criminal Procedure, for the examination and resulting report of a
defendant in a criminal case.
(b) If, after conducting an examination of a child ordered
under Subsection (a) and reviewing any other relevant information,
there is reason to believe that the child has a mental illness or
mental retardation, the probation department shall refer the child
to the local mental health or mental retardation authority for
evaluation and services, unless the prosecuting attorney has filed
a petition under Section 53.04.
(c) If, while a child is under deferred prosecution
supervision or court-ordered probation, a qualified professional
determines that the child has a mental illness or mental
retardation and the child is not currently receiving treatment
services for the mental illness or mental retardation, the
probation department shall refer the child to the local mental
health or mental retardation authority for evaluation and services.
(d) A probation department shall report each referral of a
child to a local mental health or mental retardation authority made
under Subsection (b) or (c) to the Texas Juvenile Probation
Commission in a format specified by the commission.
(e) At any stage of the proceedings under this title, the
juvenile court may order a child who has been referred to the
juvenile court or who is alleged by the petition or found to have
engaged in delinquent conduct or conduct indicating a need for
supervision to be subjected to a physical examination by a licensed
physician.

Added by Acts 1999, 76th Leg., ch. 1477, § 4, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 828, § 5(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 35, § 6, eff. Jan. 1, 2004.

Amended by:
Acts 2005, 79th Leg., Ch. 949, § 7, eff. September 1, 2005.

§ 51.21. MENTAL HEALTH SCREENING AND REFERRAL. (a) A
probation department that administers the mental health screening
instrument or clinical assessment required by Section 141.042(e),
Human Resources Code, shall refer the child to the local mental
health authority for assessment and evaluation if:
(1) the child's scores on the screening instrument or
clinical assessment indicate a need for further mental health
assessment and evaluation; and
(2) the department and child do not have access to an
internal, contract, or private mental health professional.
(b) A probation department shall report each referral of a
child to a local mental health authority made under Subsection (a)
to the Texas Juvenile Probation Commission in a format specified by
the commission.

Added by Acts 2005, 79th Leg., Ch. 949, § 8, eff. September 1,
2005.

prosecuting attorney or juvenile court that the prosecutor has dismissed the charges or that

2008-04-23T01:13:00.000-07:00

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Page 1
Clear Creek Independent School District
STUDENT CODE OF CONDUCT
I.
PURPOSE
The Student Code of Conduct is the district’s response to the requirements of Chapter 37 of the Texas
Education Code.
The Code provides methods and options for managing students in the classroom and on school
grounds, disciplining students, and preventing and intervening in student discipline problems.
The law requires the district to define misconduct that may – or must – result in a range of specific
disciplinary consequences including removal from a regular classroom or campus, suspension,
placement in a disciplinary alternative education program (DAEP), or expulsion from school.
This Student Code of Conduct has been adopted by the CCISD Board of Trustees and developed with
the advice of the district-level committee. This Code provides information to parents and students
regarding standards of conduct, consequences of misconduct, and procedures for administering
discipline.
In accordance with state law, the Code will be posted at each school campus or will be available for
review at the office of the campus principal. Parents will be notified of any conduct violation that may
result in a student being suspended, placed in a DAEP, or expelled.
Because the Student Code of Conduct is adopted by the district’s board of trustees it has the force of
policy; therefore, in case of conflict between the Code and the student handbook, the Code will
prevail.
Please note: The discipline of students with disabilities who are eligible for services under federal law
(Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973) is
subject to the provisions of those laws.
II.
GENERAL EXPECTATIONS OF STUDENTS
Each student is expected to behave in a responsible manner by:
•
Consciously participating in class and being supportive of an effective learning and teaching.
•
Demonstrating courtesy and respect for others.
•
Attending all classes regularly and on time.
•
Preparing for each class; taking appropriate materials and assignments to class.
•
Being well groomed and dressing appropriately as defined by District and/or campus dress
code.
•
Obeying all campus and classroom rules.
•
Respecting the rights and privileges of other students, District staff, and other adults on
campus or at school-related activities, on or off campus.
•
Respecting the property of others, including District property and facilities.
•
Cooperating with or assisting the school staff in maintaining safety, order, and discipline.
•
Paying required fees and fines unless waived.
•
Adhering to the Student Code of Conduct.
III. GENERAL PRINCIPLES AND GUIDELINES
A. Supplemental Rules
The District may impose campus or classroom rules in addition to those found in the Student Code
of Conduct. These rules may be listed in the student handbook or posted in classrooms.
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CCISD Student Code of Conduct
Revised April 2006
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B. Disrespect and Interference
A student whose behavior shows disrespect for others, including interference with their access to a
public education and a safe environment, will be subject to disciplinary action.
C. School District Authority and Jurisdiction
School rules and the authority of the district to administer discipline apply whenever the interest
of the district is involved, on or off school grounds, in conjunction with or independent of classes
and school-sponsored activities.
The district has disciplinary authority over a student:
1. During the regular school day and while the student is going to and from school on district
transportation;
2. During lunch periods in which a student is allowed to leave campus;
3. While the student is in attendance at any school related activity, regardless of time or
location;
4. For any school related misconduct, regardless of time or location;
5. When retaliation against a school employee or volunteer occurs or is threatened, regardless of
time or location;
6. When criminal mischief is committed on or off school property or at a school related event;
7. For certain offenses committed within 300 feet of school property as measured from any point
on the school’s real property boundary line;
8. For certain offenses committed while on school property or while attending a school sponsored
or school related activity of another district in Texas; and
9. When the student commits a felony, as provided by Texas Education Code 37.006 or 37.0081.
D. Video/Audio Monitoring
In accordance with CCISD District Policy FO (Local) video/audio equipment may be used for safety
purposes to monitor student behavior on buses and in common areas on District campuses.
E. Enforcement of Student Code of Conduct
In general, discipline will be designed to correct misconduct and to encourage all students to
adhere to their responsibilities as citizens of the school community and, when necessary, to
protect students, school employees or property, and to maintain essential order and discipline.
Disciplinary action will draw on the professional judgment of teachers and administrators and on a
range of discipline management techniques. Disciplinary action will be correlated to the
seriousness of the offense, the student’s age and grade level, the frequency of misconduct, the
student’s attitude, the effect of the misconduct on the school environment, whether the student
acted in self-defense, intent or lack of intent at the time the student engaged in the conduct, a
student’s disciplinary history, or a disability that substantially impairs the student’s capacity to
appreciate the wrongfulness of the student’s conduct. Because of these factors, discipline for a
particular offense (unless otherwise specified by law) may bring into consideration varying
techniques and responses.
A student who violates campus or classroom rules that are not Student Code of Conduct violations
may be disciplined by one or more of the discipline management techniques listed as
consequences for general misconduct violations. For these violations, a teacher is not required to
make a Student Code of Conduct violation report, but the principal or principal’s designee shall
notify the parents as soon as feasible using the Disciplinary Referral Form.
IV.
GENERAL MISCONDUCT VIOLATIONS
A. Behaviors
Students are prohibited from:
1. Leaving school grounds or school-sponsored events without permission of the appropriate
school official.
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CCISD Student Code of Conduct
Revised April 2006
Page 3 of 17
2. Disobeying school rules related to conduct on school buses.
3. Failing to comply with lawful directives given by school personnel thus the failure results in
insubordination.
4. Public display of affection.
5. Possessing or using matches or a lighter except as part of an instructional program.
6. Possessing, smoking, or using tobacco products.
7. Behaving in any way that disrupts the school environment or educational process.
8. Violating safety rules.
9. Violating dress and grooming standards.
10.
Violating other communicated campus or classroom standards of behavior.
11. Being in facilities designated for the opposite sex, or in facilities designated as Faculty Only,
Janitorial Only, or Custodial Only, or other restricted areas.
12. Displaying, turning on, or using paging devices or cellular phones.
13. Loitering in the parking lot or school grounds.
14. Engaging in bullying, harassment, or making hit lists.
B. Consequences
The following discipline management techniques may be used alone or in combination for Student
Code of Conduct General Misconduct Violations and non-Student Code of Conduct violations:
1. Verbal correction.
2. Cooling-off time or time-out. Time-out is defined as the removal of a student from the
instructional program to a special place either inside or outside the classroom. General
guidelines for use of time-out are:
(a) Time-out uses a reasonable amount of time for each episode. A minute or less per incident
for each year of the student’s age is a good guideline for most elementary students. A
minimum of 20-30 minutes per incident is appropriate for secondary students.
(b) Assignment to time-out shall be combined with a precise request for changed behavior.
(c) Progress toward positively changed behavior shall be rewarded.
(d) When the student has completed the period of time-out, the teacher shall restate the
original request (e.g., “Now I want you to...”).
3. Phone calls to parents.
4. Seating changes in the classroom.
5. Counseling by teachers, counselors, or administrative personnel.
6. Conference with parents and teacher.
7. Conference with parents and campus administrators.
8. Temporary confiscation of items that disrupt the educational process.
9. Grade reductions for academic dishonesty, copying, allowing others to copy work, and/or
plagiarism.
10. Community service with parental approval.
11. Rewards or demerits.
12. Behavioral contracts.
13. Office or other assigned area referral.
14. Detention (either during the student school day or outside the student school day).
Transportation is the parent’s/guardian’s responsibility.
15. Assigned school duties other than class tasks.
16. Withdrawal of privileges, such as participation in extracurricular activities and eligibility for
seeking and holding honorary offices.
17. Withdrawing or restricting bus privileges.
18. Techniques or penalties identified in individual student organizations codes of conduct.
19. School-assessed and school-administered probation.
20. Referral to outside agency and/or legal authority for criminal prosecution in addition to
disciplinary measures imposed by the District.
21. Other strategies and consequences as specified by the Student Code of Conduct.
C. Appeal
Parental questions or complaints regarding disciplinary measures taken should be addressed to
the teacher or campus administration, as appropriate.
General Guidelines are:
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CCISD Student Code of Conduct
Revised April 2006
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Offenses resulting in detention, In-School Suspension, and suspension from school may be
appealed to the campus principal within 2 working days of the recommended disciplinary action.
The decision of the principal is final and may not be appealed. Non Juvenile Justice Disciplinary
Alternative Educational Placement (e.g., Disciplinary AEP) may be appealed to the appropriate
assistant superintendent. The decision of the assistant superintendent is final and may not be
appealed.
Offenses resulting in recommendations for expulsion and Juvenile Justice AEP may be appealed to
the campus principal or principal’s designee, the Superintendent of Schools or Superintendent’s
designee, the School Board or School Board’s designee, and finally a district court. (See Appeal
Procedures for AEP & Expulsions in Index.)
V.
STUDENT REMOVAL FROM CLASS BY TEACHERS
A. Discretionary Removal by the Teacher
Violation of classroom rules or general misconduct violations as outlined in the Student Code of
Conduct will not necessarily result in the formal removal of the student from class or another
placement, but may result in a routine referral to the principal or the principal’s designee, or the
use of any other discipline management technique.
If the student is referred to the principal or the principal’s designee for disciplinary action, the
principal or the principal’s designee will make the decision on the appropriate disciplinary action.
The principal or the principal’s designee shall be sent a copy of the disciplinary referral by the
teacher together with the disciplinary action taken, as soon as feasible after the student is sent to
the principal or principal designee’s office. A copy of the completed disciplinary referral form will
be returned to the teacher, a copy sent home with the student, and a copy placed in the student’s
disciplinary file.
B. Formal Removal by the Teacher
Formal removal may occur if the student’s behavior has been documented by the teacher as
repeatedly interfering with the teacher’s ability to teach his or her class, or the behavior is so
unruly, disruptive, or abusive that the teacher cannot teach.
A teacher must remove a student from class and refer him/her to the principal or principal’s
designee for an offense for which a student may be suspended and/or placed in a disciplinary AEP.
A teacher must also remove a student from class for an expellable offense.
C. Procedure for Removal
1. If the violation results in removal, the principal or principal’s designee will schedule a
conference within three (3) school days with the student’s parent, the teacher, and the
student.
2. At the conference, the student is entitled to written or oral notice of the reasons for the
removal, an explanation of the basis for the removal, and an opportunity to respond to the
reasons for the removal. The student may not be returned to his/her regular classroom before
the conference.
3. After the conference, the principal or principal’s designee will notify the student and parents of
the consequences of the Student Code of Conduct violation.
4. When a student is removed from the regular classroom and a conference with parents or a
hearing is pending, the principal or principal’s designee may place a student in:
(a) Another appropriate classroom.
(b) In-School Suspension.
(c) A disciplinary AEP in which the student must be separated from other students for the
entire school program day and will be provided instruction in the core subjects.
Counseling will also be provided to the student.
(d) Suspension for a maximum of three (3) days provided the behavior could result in
placement in a disciplinary AEP.
5. When a student has been removed from class by a teacher, the principal may not return the
student to the teacher’s class without the teacher’s consent unless the placement review
committee determines that the teacher’s class is the best or only alternative available except if
Page 5
CCISD Student Code of Conduct
Revised April 2006
Page 5 of 17
the teacher removed the student from class because the student engaged in assault,
aggravated assault, sexual assault, aggravated sexual assault, or assault against a school
district employee or volunteer, the student may not be returned to the teacher’s class without
the teacher’s consent.
VI. REMOVAL FROM THE REGULAR EDUCATIONAL SETTING
A. In-School Suspension (ISS)
1. Behaviors Resulting in ISS
Disciplinary action resulting in ISS placement will be correlated to the seriousness of the
offense, the student’s age and grade level, the frequency of misconduct, the student’s
attitude, the effect of the misconduct on the school environment, whether the student acted in
self-defense, intent or lack of intent at the time the student engaged in the conduct, a
student’s disciplinary history, or a disability that substantially impairs the student’s capacity to
appreciate the wrongfulness of the student’s conduct. A student may be assigned to ISS if the
student commits any of the following offenses on school property, or while attending a school-
sponsored or school-related activity on or off school property.
(a) Academic dishonesty or copying the work of another, or allowing others to copy work. In
addition, academic
dishonesty or copying will result in a grade of zero (0).
(b) Displaying inappropriate pictures, photos, or drawings.
(c) Using profanity, vulgar language, or inappropriate obscene gestures, pictures, photos, or
drawings.
(d) Physically aggressive behavior such as, but not limited to, pushing, scuffling, or fighting
which is not defined as assault. Fighting may also result in charges being filed. (The
offense of assault is addressed later in the Student Code of Conduct.)
(e) Stealing from students, staff, or the school.
(f) Damaging or vandalizing property owned by others. (Also may be required to make
restitution.) Depending upon the seriousness of the damage, the student may be expelled.
(g) Possession of fireworks, matches, stun guns, or shocking devices (pens, lighters, etc.)
(h) Hazing as defined by Board Policy FNCC (LEGAL) and the Education Code, Section 37.151
(i) Name-calling, ethnic or racial slurs, or derogatory statements that school officials have
reason to believe will substantially disrupt the school program or incite violence.
(j) Insubordination.
(k) Aggressive, disruptive action or group demonstration that school officials believe does or
may substantially disrupt or materially interfere with the school program, school activities,
or incites violence. (This may also result in a citation.)
(l) Falsification of records, passes, or other school-related documents including, but not
limited to, computer hacking, theft of, or misuse of software.
(m)Smoking, use of, or possession of tobacco products.
(n) Possession of chemical stink/smoke bombs or any other pyrotechnic device.
(o) Repeated general misconduct violations. (The District defines “repeated” to be 2 or more
infractions of the general misconduct violations. These may be different violations or
repeated violations of the same offense.)
(p) Gambling on school property.
(a) Truancy.
(b) Written or verbal offensive or threatening remarks.
(c) Bullying, harassment, or making hit lists
(d) Violating computer use policies, rules, or agreements signed by the student and/or
agreements signed by the student’s parent.
(e) Using the Internet or other electronic communications to threaten students or employees
or cause disruption to the educational program.
(f) Sending or posting electronic messages that are abusive, obscene, sexually oriented,
threatening, harassing, damaging to another’s reputation, or illegal.
(g) Using email or Web sites at school to encourage illegal behavior or threaten school safety.
2. Procedures for Assigning Students to ISS
Below are procedures for assigning students to ISS:
(a) Inform student of accusations and provide an opportunity for student to present his/her
side.
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(b) Investigate as necessary.
(c) Decide upon the innocence or guilt of the student.
(d) If guilty, decide on the number of days to be assigned to ISS and inform student verbally
and in writing.
(e) Written notice sent home to parent with student.
(f) Telephone call to parent.
(g) Student’s counselor notified.
(h) Student’s teachers are notified so that the lessons may be provided to ISS.
(i) Student brings all books to ISS.
(j) Upon finishing (completing) ISS, student receives completion form from ISS teachers or
person responsible for ISS. Student meets with principal or assistant principal. Principal
or assistant principal conferences with student who signs completion form. Student shows
each teacher his completion form as he/she returns to each class.
3. Length of Assignment to ISS
The minimum length of assignment to ISS shall be one day and the maximum ten days per
offense, unless the student commits a violation of the ISS rules or the Student Code of
Conduct while assigned to ISS. This could result in the assignment of additional days to a
maximum of ten days, suspension from school, or assignment to a disciplinary alternative
education program, depending upon the seriousness of the offense.
4. Sanctions
A student who has been assigned to ISS may not participate in nor attend school-sponsored or
school-related extracurricular or co-curricular activities during the period of assignment.
5. Continuation of Coursework
If a student is removed from the regular classroom and placed in in-school suspension or
another setting other than a disciplinary alternative education program, the District shall offer
the student the opportunity to complete, before the beginning of the next school year, each
course in which the student was enrolled at the time of the removal. Such an opportunity may
be provided by any method available, including a correspondence course, distance learning, or
summer school.
B. Suspension From School
Disciplinary action resulting in suspension from school will be correlated to the seriousness of the
offense, the student’s age and grade level, the frequency of misconduct, the student’s attitude,
the effect of the misconduct on the school environment, whether the student acted in self-
defense, intent or lack of intent at the time the student engaged in the conduct, a student’s
disciplinary history, or a disability that substantially impairs the student’s capacity to appreciate
the wrongfulness of the student’s conduct.
1. Behaviors Resulting in Suspension From School
Students may be suspended from school for conduct for which they may be placed in a
disciplinary AEP or ISS Program, and pending removal from a disciplinary AEP or expulsion.
(See behaviors resulting in discretionary disciplinary AEP assignment, below.).
2. Length of Suspension From School
State law allows a student to be suspended for up to three (3) school days per offense, with
no limit on the number of times a student may be suspended in a semester or school year.
The principal or principal’s designee shall set the length of the suspension from school. When
a student is suspended, the student is expected to be under the supervision of the parent,
guardian or other responsible adult.
3. Procedures for Suspension From School
A student who is to be suspended shall be entitled to participate in an informal conference
during which the principal or principal’s designee will advise the student of the conduct with
which he or she is charged and will give the student the opportunity to explain his or her
version of the incident. If the principal or principal’s designee believes the student has
engaged in prohibited conduct, the student will be suspended from school. The duration of a
student’s suspension, which cannot exceed three (3) school days, will be determined by the
principal or principal’s designee. Parents will be notified in writing.
4. Sanctions
A student who has been suspended may not participate in or attend school-sponsored or
school-related extracurricular and co-curricular activities during the period of suspension.
5. Absence from School
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Suspension from school is considered an excused absence. Students are to request makeup
work when they return to school and will receive full credit for work missed if the work is
made up in accordance with campus and classroom rules.
C. Alternative Education Program (Non-Juvenile Justice)
Disciplinary action resulting in placement in disciplinary AEP (DAEP) will be correlated to the
seriousness of the offense, the student’s age and grade level, the frequency of misconduct, the
student’s attitude, the effect of the misconduct on the school environment, whether the student
acted in self-defense, intent or lack of intent at the time the student engaged in the conduct, a
student’s disciplinary history, or a disability that substantially impairs the student’s capacity to
appreciate the wrongfulness of the student’s conduct.
1. Behaviors Resulting in Discretionary Disciplinary AEP Assignment
A student may be placed in a disciplinary AEP if the student commits any of the following
offenses on school property or while attending a school-sponsored or school-related activity on
or off school property. The principal may place students in a disciplinary AEP for any of the
behaviors listed below:
(a) Throwing objects that can cause bodily injury or property damage.
(b) Committing extortion, coercion, or blackmail (obtaining money or another object of value
from an unwilling person), or forcing an individual to act through the use of force or threat
of force.
(c) Committing or assisting in a robbery or theft that does not constitute a felony according
to the Texas Penal Code.
(Felony robbery or theft offenses are addressed later in the Student Code of Conduct).
(d) Engaging in sexual contact.
(e) Engaging in conduct that constitutes sexual harassment or sexual abuse whether the
conduct is by word, gesture, or any other sexual conduct, including requests for sexual
favors, and the dissemination of sexually oriented materials.
(f) Possessing or selling look-alike drugs or weapons or items attempted to be passed off as
drugs or weapons or contraband.
(g) Abusing the student’s own prescription drug, giving a prescription drug to another student,
or possessing or being under the influence of another person’s prescription drug on school
property or at a school related event.
(h) Having or taking prescription drugs or over-the-counter drugs at school other than as
provided by district policy.
(i) Possessing drug paraphernalia.
(j) Repeated misbehavior if a student, after being placed in ISS, continues to violate the
Student Code of Conduct. (The District defines “repeated” to be 2 or more violations of
the Student Code of Conduct in general or repeated occurrences of the same violations.)
(k) Engaging in conduct that constitutes criminal mischief that is not punishable as a felony.
(l) Possessing or distributing pornographic materials.
(m)Kidnapping which is not aggravated kidnapping (for aggravated kidnapping, see
Expulsions).
(n) Being involved in gang activity, including participating as a member or pledge, or soliciting
another person to become a pledge or member of a gang: A gang is defined as “any group
of two (2) or more persons whose purposes include the commission of illegal acts.”
No student on or about school property or at any school activity shall wear, possess, use,
distribute, display or sell any clothing, jewelry, emblem, badge, symbol, sign or other
things which are evidence of membership or affiliation in any gang; shall commit any act
or omission in furtherance of the interests of any gang or gang activity, including but not
limited to, soliciting others for membership in any gangs; requesting any person to pay
protection or otherwise intimidating or threatening any person; inciting other students to
set with physical violence upon any other person.
(o) Being involved in a public school fraternity, sorority, or secret society, including
participating as a member or pledge, or soliciting another person to become a pledge or
member of a public school fraternity, sorority, or secret society.
(p) Possessing of any razor or knife with a blade length of less than 2 ½ inches..
(q) Lighting or possession of fireworks or other objects.
(r) Repeated violations of possession, smoking, or use of tobacco. (“Repeated” meaning
multiple violations).
(s) Physically aggressive behavior such as, but not limited to, pushing, scuffling, or fighting
which is not defined as assault.
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(t) The use of chemical stink/smoke bombs, or any other pyrotechnic device.
(u) Possessing ammunition
(v) Student’s presence on campus may temporarily be deemed a threat to the safety of the
student body or campus in general.
(w) Off-campus conduct for which removal would have been required but of which the
principal or other appropriate administrator does not have knowledge before the first
anniversary of the date the conduct occurred.
(x) The student:
i. has received deferred prosecution under section 53.03, Family Code, for conduct
defined as a felony offense in Title 5, Penal Code; or
ii. has been found by a court or jury to have engaged in delinquent conduct under
section 54.03, Family Code, for conduct defined as a felony offense in Title 5, Penal
Code; and
iii. the Board or the Board’s designee has determined that the student’s presence in the
regular classroom:
(a) threatens the safety of other students or teachers;
(b) will be detrimental to the educational process; or
(c) is not in the best interests of the District’s students. Any decision of the Board or
the Board’s designee under this subsection is final and may not be appealed. In
addition, the Board or its designee may order placement in accordance with this
provision regardless of:
i. the date on which the student’s conduct occurred;
ii the location at which the conduct occurred;
iii. whether the conduct occurred while the student was enrolled in the District; or
iv. whether the student has successfully completed any court disposition
requirements imposed in connection with the conduct. Furthermore, the
Board may, under state law, order placement for such a student for any period
considered necessary by the Board or the Board’s designee (i.e., the one-year
maximum placement does not apply). However, a student placed in a
disciplinary AEP for this reason will be accorded the periodic reviews applicable
to all disciplinary AEP placements.
(y) Bullying, harassment, or making hit lists.
Furthermore, the Board may, under state law, order placement for any period considered
necessary by the Board or the Board’s designee (i.e., the one-year maximum placement does
not apply). However, a student placed in a disciplinary AEP for this reason will be accorded the
periodic reviews applicable to all disciplinary AEP placements.
2. A student may be removed from class and placed in a disciplinary AEP based on conduct
occurring off campus and while the student is not in attendance at a school-sponsored or
school-related activity 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 those defined in Title 5, Penal Code; and the continued presence of the student in the
regular classroom threatens the safety of the other students or teachers or will be detrimental
to the educational process.
3. Behaviors Resulting in Mandatory Disciplinary AEP Assignment
†
(a) A student shall be removed from class and placed in a disciplinary AEP if the student
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.
(b) A student shall be removed from class and placed in a disciplinary AEP if the student
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.
(1) Engages in conduct punishable as a felony.
(2) Engages in conduct that contains the elements of assault under section 22.01(a) (1) of
the Penal Code (i.e., intentionally, knowingly, or recklessly causing bodily injury to
another).
(3) Sells, gives, or delivers to another person or possesses, uses, or is under the influence
of:
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(i) Marijuana or a controlled substance, as defined by Chapter 481 of the Health and
Safety Code or by 21 USC Section 801 et seq. in an amount not punishable as a
felony offense.
(ii) A dangerous drug, as defined by Chapter 483, Health and Safety Code, in an
amount not punishable as a felony offense.
(4) Sells, gives, or delivers to another person an alcoholic beverage; commits a serious
act or offense while under the influence of alcohol; or possesses, uses, or is under the
influence of an alcoholic beverage, if the conduct is not punishable as a felony.
(5) 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.
(6) 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.
(7) Possession of any razor or knife with a blade length of 2-1/2 to 5-1/2 inches.
(8) Engages in conduct that contains the elements of the offense of graffiti under Section
28.08, Penal Code, if the conduct involves a marking made on a school or to school
property.
†
Removal to a disciplinary AEP is not required if the student is expelled for the same
conduct for which removal would be required.
(c) A student shall be removed from class and placed in a disciplinary AEP as provided by
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:
•
The student receives deferred prosecution (voluntary contract) under Section 53.03 of
the Family Code for conduct defined as a felony offense in Title 5 of the Penal Code.
•
A court or jury finds that the student has engaged in delinquent conduct under Section
54.03 of the Penal Code for conduct defined as a felony offense in Title 5 of the Penal
Code; or
•
The Superintendent or Superintendent’s designee has a reasonable belief that the
student has engaged in conduct defined as a felony offense in Title 5 of the Penal
Code. Title 5 offenses are defined as crimes against a person.
(d) A student shall be removed from class and placed in a disciplinary AEP if the student
engages in conduct that contains the elements of the offense of retaliation against any
school employee, regardless of where the conduct occurs, unless such conduct is defined
as an expellable offense. (Note: Certain retaliatory conduct constitutes an expellable
offense, as explained in the Expulsion section of this Student Code of Conduct.)
4. Length of Assignment to a Disciplinary AEP
The period of placement in a disciplinary AEP may not exceed one year unless, after a review,
the District determines that the student is a threat to the safety of other students or to District
employees, or extended placement is in the best interest of the student.
(a) Students-Age Six Through Grade Five:
The length of the assignment to a disciplinary AEP for a student age six through grade five
will be determined by the principal based upon the seriousness of the offense, the
disciplinary record of the student, the student’s age, the student’s attitude whether the
student acted in self-defense, and the impact of the offense on the school environment.
Below are the guidelines for length of assignment:
Description
Length of Assignment
Minimal
10 days
Normal
30 days
Maximum
Remainder of the semester*
*Unless the offense occurs in the last six weeks of a semester, in which case the student
may be assigned to disciplinary AEP until the end of the following semester.
(b) Students in Grades Six through Twelve:
Assignments to a disciplinary AEP will vary depending upon the seriousness of the offense,
the disciplinary record of the student, and/or the age of the student, the attitude of the
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student, whether the student acted in self-defense, and the impact of the offense on the
school environment. The principal, in making the assignment, shall specify the length of
the assignment. Below are the guidelines for length of an assignment:
Description
Length of Assignment
Minimal
30 days
Normal
60 days
Maximum
Remainder of the year
5. Procedures for Removal to a Disciplinary AEP
The Board delegates to the principal the authority to remove a student to a disciplinary AEP.
The duration of a student’s placement in a disciplinary AEP will be determined by the principal
as outlined above in this Code.
Within three (3) school days of receiving the Disciplinary Referral Form, the assistant principal
will schedule a conference with the student’s parent, teacher, and the student. Until a hearing
can be held, the assistant principal may place a student in:
(a) Another appropriate classroom;
(b) In-School Suspension; and/or
(c) Suspension for a maximum of three (3) days.
At the conference, the student is entitled to written or oral notice of the reasons for the
removal, an explanation of the basis for the removal, and an opportunity to respond to the
reasons for the removal.
If, after conducting the conference, the assistant principal believes that the student has
engaged in conduct for which placement in a disciplinary AEP is an appropriate disciplinary
sanction, the assistant principal shall inform the student and the student’s parent(s) and issue
the order to place the student in a disciplinary AEP in accordance with the Student Code of
Conduct. A copy of the order shall be forwarded to the student and parent(s). If the period of
placement is inconsistent with the guidelines set forth above, the order must give notice of the
inconsistency. The decision of the assistant principal may be appealed to the principal by
submitting a written letter of appeal to the principal within two (2) working days of receipt of
the order of removal. The student shall report to the disciplinary AEP as scheduled while the
appeals process is conducted. The decision of the principal may be appealed to the
appropriate Assistant Superintendent by submitting a written letter of appeal to the assistant
superintendent within two (2) days of receipt of the order of removal. The decision of the
assistant superintendent is final and may not be appealed (see CCISD District Policy FOC
[Local])
Before a student may be placed in a disciplinary AEP for a period of time that extends beyond
the end of the school year in which the placement commences, the principal must determine
that:
(a) The student’s presence in the regular classroom or campus presents a danger of physical
harm to the students or others; or,
(b) The student has engaged in serious or persistent misbehavior that violates the Student
Code of Conduct.
If a student’s placement in the disciplinary AEP is scheduled to extend beyond the end of the
next grading period, the student’s parent(s)/guardian(s) shall receive notice of an opportunity
to participate in a proceeding before the appropriate assistant superintendent or assistant
superintendent designee as provided for under Board Policy FOC (Local), which may be found
in the Board Policy book located in each campus’ library and principal’s office, or on the
District web site. The assistant superintendent’s decision is final and may not be appealed.
6. Review of Placement
If a student’s placement in a disciplinary alternative education program is to extend beyond 60
days or the end of the next grading period, whichever is earlier, a student’s parent or guardian
is entitled to notice of and an opportunity to participate in a proceeding before the board of
trustees of the school district or the board’s designee, as provided by policy of the board of
trustees of the district. Any decision of the board or the board’s designee under this subsection
is final and may not be appealed.
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A student placed in a disciplinary AEP will be provided a review of the student’s status by the
principal or principal’s designee at intervals not to exceed 120 days. At the review, the
students or the student’s parent(s)/guardian(s) shall be given the opportunity to present
arguments for the student’s return to the regular classroom or campus. The student may not
be returned to the classroom of the teacher who removed the student without the removing
teacher’s consent, unless the Placement Review Committee determines that the removing
teacher’s class is the best or only alternative available.
If the student is a high school student, the Board’s designee and the student’s
parent(s)/guardian(s) must review the student’s progress toward meeting graduation
requirements and must establish a graduation plan for the student at the 120-day placement
review(s).
7. Restriction on Participation in Certain Activities/Services
A student placed in a disciplinary AEP may not participate in or attend any school-sponsored or
school-related extracurricular or co-curricular activities during the period of his/her placement.
A student in the disciplinary AEP will not be provided transportation unless he/she is identified
as a student with a disability who receives transportation pursuant to an individual education
plan as a designated related service.
8. Consideration of Criminal Charges/Prosecution
In determining whether there is a reasonable belief that a student has engaged in conduct
defined as a felony offense, the Superintendent or Superintendent’s designee may consider all
available information, including information furnished under Article 15.27 of the Code of
Criminal Procedure.
On receipt of notice from a prosecuting attorney or juvenile court pursuant to Article 15.27(g)
of the Code of Criminal Procedure advising that a student has been found not guilty or that
prosecution of the student’s case was refused for lack of prosecutorial merit or insufficient
evidence, the Superintendent or Superintendent’s designee shall review the student’s
placement in the disciplinary AEP. The student may not be returned to the regular class
pending review. The Superintendent or Superintendent’s designee shall schedule a review of
the student’s disciplinary AEP placement with the student’s parent/guardian not later than the
third class day after receiving notice pursuant to Article 15.27(g) of the Code of Criminal
Procedure.
After reviewing the notice and receiving information from the student’s parent/guardian, the
Superintendent or Superintendent’s designee may continue the student’s placement if there is
reason to believe the presence of the student in the regular classroom threatens the safety of
other students or teachers.
The student or student’s parent/guardian may appeal the Superintendent’s decision to
continue a student’s disciplinary AEP placement to the Board. The student may not be
returned to the regular classroom pending the Board appeal.
At the next regularly scheduled meeting, the Board shall review the notice from the
prosecuting attorney or juvenile court that the prosecutor has dismissed the charges or that
the student has been found not guilty. The Board shall also receive information from the
student, the student’s parent/guardian, and the Superintendent or Superintendent’s designee.
The Board may affirm or reverse the decision made by the Superintendent or Superintendent’s
designee concerning the student’s continued placement.
The Board shall make record of the proceedings. If the Board affirms the decision of the
Superintendent or Superintendent’s designee, the Board shall inform the student and the
student’s parent/guardian of the right to appeal to the Commissioner of Education. The
student may not be returned to the regular classroom pending an appeal to the Commissioner.
9.
Additional Misconduct
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If, during the term of placement, a student engages in additional conduct for which placement
in a disciplinary AEP or expulsion is required or permitted, additional proceedings may be
conducted regarding that conduct and the principal or Board, as appropriate, may enter an
additional order as a result of those proceedings.
10. Continuation of Placement
If a student enrolling in CCISD has been placed in a disciplinary AEP by another Texas school
district, a Texas open-enrollment charter school, or an out-of-state school district, CCISD may
continue the placement if the prior school provides CCISD with a copy of the placement order,
and in the case of an out-of state school district, that district placed the student in a
disciplinary AEP for reasons that would also be reasons for such placement in CCISD. If an
out-of-state District ordered placement for a period that exceeds one year, CCISD shall reduce
the period of placement so that the aggregate period of removal does not exceed one year
unless, after a review, the District determines that the student is a threat to the safety of
other students or to District employees or extended placement is in the best interest of the
student.
11. Continuation of Course Work
The District is required to provide in its disciplinary AEP courses necessary to fulfill a student’s
high school graduation requirements. The District shall offer a student removed to a
disciplinary alternative education program an opportunity to complete coursework necessary
to fulfill the student’s graduation requirements through any method available, including a
correspondence course, distance learning, or summer school, free of charge.
Students enrolled in AA, Pre-AP or AP courses will be serviced at the regular level while
assigned to Clear Path Alternative School. Upon return to their home campus, students will
have a choice of remaining in the AA, Pre-AP or AP classes or be placed in a regular level
instruction class. (see Regulation FOC)
Students enrolled in elective courses will have those courses serviced through work assigned
from their home campus teacher while enrolled in Clear Path Alternative School. The home
campus teacher will be responsible for packaging assignments, projects, exams, etc., for a
student assigned to CPAS and send it to CPAS. Staff at CPAS will monitor the work, projects,
exam, etc., and return the work product to the home campus for their evaluation and
assignment of grade. (see Regulation FOC)
12. Notice to Educators
A principal shall inform each educator who has responsibility for or is under the direction and
supervision of an educator who has responsibility for, the instruction of a student who has
engaged in any violation listed in Texas Education Code 37.006 of the student’s misconduct.
Each educator shall keep this information confidential.
* Note: Removal to a disciplinary AEP is not required if the student is expelled for the same
conduct for which removal would be required.
D. Expulsion from School
Disciplinary action resulting in expulsion from school with the exception of mandatory expulsion
offenses, will be correlated to the seriousness of the offense, the student’s age and grade level,
the frequency of misconduct, the student’s attitude, the effect of the misconduct on the school
environment, whether the student acted in self-defense, intent or lack of intent at the time the
student engaged in the conduct, a student’s disciplinary history, or a disability that substantially
impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct.
1. Discretionary Expulsion
(a) A student may be expelled if the student 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.
(b) A student may be expelled if the student while 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 school property:
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(1) Sells, gives, or delivers to another person or possesses, uses, or is under the
influence of:
i.
Any amount of marijuana, or a controlled substance as defined by Chapter
481, Health and Safety Code, or by 21 USC Section 801etseq .
ii.
Any amount of a dangerous drug, as defined by Chapter 483, Health and
Safety Code, or by 21 USC Section 801etseq, in an amount not punishable as
a felony offense.
iii.
Any amount of an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code.
(2) 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;
(3) Engages in conduct that contains the elements of an offense under Section 22.01
(a) (1). Penal Code against a school district employee or volunteer as defined by
Section 22.053, Education Code;
(4) Engages in conduct that contains the elements of an offense of deadly conduct
under Section 22.05. Penal Code.
(c) A student may be expelled if subject to Section 37.007(d) of the Education Code, while
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 school property the student engages in conduct specified in Section 2(a)-(c)(under
“Mandatory Expulsion,” below,) or possesses a firearm, as defined by 18 U.S.C. § 921.
(d) A student may be expelled if the student engages in conduct that contains the elements of
assault under Section 22.01(a)(1), Penal Code, against a school district employee or a
volunteer, regardless of whether the conduct occurs on or off of school property or while
attending a school-sponsored or school-related activity on or off of school property. A
volunteer is defined as a person who provides services to the school district without
compensation, either on the premises of the district or at a school-sponsored or school-
related activity, on or off school property.
(e) A student may be expelled if the student, while placed in an AEP for disciplinary reasons,
continues to engage in serious or persistent misbehavior that violates the district's Student
Code of Conduct. The District defines “persistent” to be two (2) or more violations of the
Student Code of Conduct in general or repeated occurrences of the same violation.
Serious offenses include, but are not limited to, the following:
(1) Vandalism
(2) Robbery or theft
(3) Extortion, coercion, or blackmail
(4) Aggressive, disruptive action or group demonstration that substantially disrupts or
materially interferes with school activities
(5) Hazing
(6) Insubordination
(7) Profanity, vulgar language, or obscene gestures directed toward teachers or other
school employees
(8) Fighting, committing physical abuse, or threatening physical abuse
(9) Possession or distribution of pornographic materials
(10)
Leaving school grounds without permission
(11)
Making or assisting in making threats, including threats against individuals and
bomb threats
(12)
Sexual harassment of a student or District employee
(13)
Possession of or conspiring to possess any explosive or explosive device
(14)
Falsification of records, passes, or other school-related documents, including
electronic documents
(15)
Refusal to accept discipline management techniques proposed by the teacher
or principal
(16)
Gang-related activity
(17)
Engaging in conduct that is punishable as criminal mischief, if felony offense
(18)
Repeated truancy
(19)
Single event of truancy if student commits a misdemeanor or felony offense
while truant
(20)
Inhalant infractions
(21)
Possession of any knife or prohibited weapon
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(22)
Possession, use, or distribution of alcohol, marijuana, or any controlled
substance
(23)
Other situation that because of circumstances is deemed serious by the
administrator.
(f) A student who engages in conduct that contains the elements of the offense of criminal
mischief under Section 28.03, Penal Code, may be expelled at the district's discretion if
the conduct is punishable as a felony. The student shall be referred to the authorized
officer of the juvenile court regardless of whether the student is expelled.
(g) A student may be expelled if the student engages in conduct against another student that
contains the elements of aggravated assault, sexual assault, aggravated sexual assault,
murder, capital murder, or criminal attempt to commit murder or capital murder, or
aggravated robbery, without regard to whether the conduct occurs on or off school
property or while attending a school-sponsored or school related activity on or off of
school property.
(h) A CCISD student who engages in conduct for which expulsion is required (see below) may
be expelled from CCISD if the student engages in such conduct on school property of
another Texas school district or while attending a school-sponsored or school-related
activity of a school in another Texas school district.
2. Mandatory Expellable Offenses
A student must be expelled for any of the following offenses if committed on school property
or while attending a school-sponsored or school-related activity on or off school property:
(a) A firearm violation, as defined by federal law or state law.
Firearm under federal law includes:
(1) 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.
(2) The frame or receiver of any such weapon.
(3) Any firearm muffler or firearm weapon.
(4) Any destructive device, such as any explosive, incendiary, or poison gas bomb, or
grenade.
(b) Use, exhibition, or possession of the following, under the Texas Penal Code or Board
policy:
(1) A firearm.
(2) Any knife with a blade length longer than 5-1/2 inches.
(3) The use or threat to use any knife as a weapon or possession and threat to use any
knife as a weapon regardless of blade length.
(4) A club. “Club” means an instrument that is specially designed, made, or adapted for
the purpose of inflicting serious bodily injury or death by striking a person with the
instrument.
(5) A prohibited weapon, including an explosive weapon; a machine gun; a short-barrel
firearm; a firearm silencer; a switchblade knife; knuckles; armor-piercing ammunition;
a chemical dispensing device; or a zip gun.
(c) Behavior containing the elements of the following under the Texas Penal Code when the
conduct occurs on school property, or while attending school-sponsored or school-related
activities:
(1) Aggravated assault, sexual assault, or aggravated sexual assault.
(2) Arson.
(3) Murder, capital murder, or criminal attempt to commit murder.
(4) Indecency with a child.
(5) Aggravated kidnapping.
(6) Behavior related to an alcohol or drug offense that could be punishable as a felony
under the Texas Health and Safety Code.
(7) Aggravated robbery under section 29.03, Penal Code.
(8) Manslaughter under Section 19.04, Penal Code.
(9) Criminally negligent homicide, under Section 19.05, Penal Code.
(d) A student must be expelled if the student engages in any of the offenses identified in
Section 2(a)-(c), above, against any employee or volunteer in retaliation for or as a result
of the person’s employment or association with a school district, without regard to
whether the conduct occurs on or off of school property or while attending a school-
sponsored or school-related activity on or off of school property.
Page 15
CCISD Student Code of Conduct
Revised April 2006
Page 15 of 17
3. Expulsion Procedure and Appeal
(a) Authority – The Board of Trustees delegates the authority to expel students to the
Superintendent of Schools.
(b) Written Notice – The parent(s)/guardian(s) of a student accused of committing an
expellable offense shall be advised in writing of the alleged offense and the recommended
disciplinary action.
(c) Informal Conference – A student accused of committing an expellable offense is entitled to
participate in an informal conference with the principal or the principal’s designee and the
student’s parent(s)/guardian(s). Unless otherwise agreed by the principal and the
student’s parent(s)/guardian(s), such conference shall be conducted no later than three
(3) school days after the principal or principal’s designee is first advised of the alleged
offense(s). The student’s parent(s) or guardian(s) shall be advised in writing of the date
and time of the meeting.
The purpose of the conference is to informally review the circumstances and evidence
upon which the recommendation for expulsion is based. A student’s parent(s)/guardian(s)
may elect to waive the right to participate in a conference. Additionally, if the student’s
parent(s)/guardian(s) fails to attend a conference after reasonable attempts have been
made to notify the parent/guardian of the date and time of the meeting, the principal or
principals designee may proceed in the absence of the student, parent/guardian, and/or
other adult representing the student.
At the conclusion of the informal conference, the principal or principal’s designee shall
inform, in writing, the student and the student’s parent/guardian or other adult
representative of the outcome of the conference. A copy of such written notice shall also
be forwarded to the Superintendent of Schools.
(d) Appeal – A student’s parent/guardian may appeal a recommendation for expulsion to the
Superintendent of Schools by submitting a written request for a hearing to the
Superintendent’s office within three (3) school days of receipt of the recommendation.
Failure to request an appeal within the designated time will result in the Superintendent’s
acceptance of the recommendation for expulsion. Upon acceptance of the
recommendation, the Superintendent of Schools shall issue an Order of Expulsion. If the
period of expulsion is inconsistent with the guidelines herein, the order must give notice of
the inconsistency.
Pending the outcome of the hearing process described below, the principal or principal’s
designee may place the student in: (1) another appropriate classroom; (2) in-school
suspension; (3) out-of-school suspension for a maximum of three (3) days; (4) an
alternative education program; and/or (5) any combination of the foregoing.
Upon receipt of a notice of appeal, the Superintendent shall convene an impartial
evidentiary hearing to consider the proposed expulsion. The Superintendent may elect, at
his/her option, to refer the matter to a hearing officer or a panel consisting of three (3)
administrators designated to act on the Superintendent’s behalf. In the event a hearing
officer panel is appointed, he/she the panel members shall prepare a written
recommendation to the Superintendent based upon the evidence presented at the hearing.
A student appealing a recommendation for expulsion is entitled to receive procedural due
process as required by the federal and state constitutions. Procedural rights include:
(i) The right to be represented by legal counsel or an adult who is not a District
employee, unless the District employee is the student’s parent/guardian.
(ii) Prior notice of potential witnesses for the District.
(iii) An opportunity to testify and present evidence and witnesses in the student’s
defense.
(iv) An opportunity to question the District’s witnesses.
Expulsion hearings shall be recorded in some manner, either by a court reporter or audio
recording.
Page 16
CCISD Student Code of Conduct
Revised April 2006
Page 16 of 17
Following the conclusion of the hearing described above, the Superintendent shall advise
the student’s parent(s)/guardian(s) of his/her decision with respect to the proposed
expulsion. The Superintendent shall expressly advise the parent(s)/guardian(s) or the
reasons and basis for his/her decision.
(e) Board Review – A student’s parent(s)/guardian(s) may appeal the decision of the
Superintendent to the Board of Trustees by submitting a written request to the
Superintendent within two (2) school days of receipt of the decision. The Superintendent
shall provide the parent(s)/guardian(s) with written notice of the date, time, and place of
the Board’s review within five (5) school days of the receipt of the appeal request.
The Board’s review shall be based on the record developed before the Superintendent
and/or hearing officer below. The Board may, at its discretion, elect to hear brief oral
presentations of no longer than five (5) minutes each from the Superintendent or
Superintendent’s designee and the student or the student’s parent/guardian or other adult
representative. The Board’s review shall be conducted in closed session.
The Board may uphold or reverse the Superintendent’s decision. If the Board upholds the
expulsion decision, the Board shall direct the Superintendent to issue an Expulsion Order
within three (3) school days.
A student may appeal an adverse expulsion decision to state district court in accordance
with the provisions of the Texas Education Code.
4. Sanctions
Expelled students are prohibited from being on school grounds or attending school-related
extracurricular activities during the period of expulsion.
No District academic credit will be earned for work missed during the period of expulsion
unless the student is enrolled in a Juvenile Justice Alternative Education Program (JJAEP). All
expelled students will be referred to the JJAEP in the county in which they reside.
5. Length of Expulsion From School
If the expulsion occurs after the first six weeks of school, the student will be expelled for the
remainder of the fall semester and the entire spring semester. If the expulsion occurs after
the fourth six weeks of school, the student will be expelled for the remainder of the spring
semester and the entire fall semester of the following school year. The period of expulsion
may not exceed one year unless, after a review, the District determines that the student is a
threat to safety of other students or to District employees or extended placement is in the best
interest of the student.
State and federal laws require a student to be expelled from the regular classroom for a period
of at least one calendar year for bringing a firearm, as defined by federal law, to school.
However, the Superintendent may modify the length of the expulsion on a case-by-case basis.
The District may provide educational services to the expelled student in a JJAEP.
An expelled student may be readmitted on the recommendation of the Placement Review
Committee of the District while the student is completing any court disposition requirements
the court imposes. The student may not be returned to the teacher's class where the offense
occurred without the teacher's consent.
After the student has successfully completed any court disposition requirements the court
imposes, including conditions of a deferred prosecution ordered by the court or such
conditions required by the prosecutor or probation department, the District may not refuse to
admit the student if the student meets the requirements for admission. However, the District
may place the student in a disciplinary AEP.
6. Additional Misconduct During Expulsion
Page 17
CCISD Student Code of Conduct
Revised April 2006
Page 17 of 17
If, during the term of expulsion, a student engages in additional conduct for which placement
in a disciplinary AEP or expulsion is required or permitted, additional proceedings may be
conducted regarding that conduct, and the principal or Board, as appropriate, may enter an
additional order as a result of those proceedings.
E. Emergency Procedures
1. Emergency Removal to Disciplinary AEP
The principal or principal’s designee may immediately remove a student to a disciplinary AEP
for behavior that is so unruly, disruptive, or abusive that the teacher cannot communicate with
the class. The reason for removal must be a reason for which placement in a disciplinary AEP
may be made on a nonemergency basis. Within a reasonable time after the emergency
placement, but not later than the 10
th
day after the date of the placement, the student shall
be accorded the same due process applicable to nonemergency disciplinary AEP placements.
2. Emergency Expulsion from School
In an emergency, the principal or principal’s designee may immediately order the expulsion
when people or property are in imminent harm if the principal or principal’s designee
reasonably believe that such action is necessary to protect persons or property from imminent
harm.
When an emergency expulsion occurs, the student will be given oral notice of the reason for
the action. The reason must be a reason for which expulsion may be made on a
nonemergency basis. Within a reasonable amount of time after the emergency expulsion, but
not later than the 10
th
day after the day of the expulsion, the student will be given appropriate
due process. The due process is the same, as outlined in this code, as for a student facing
expulsion. If emergency expulsion involves a student with disabilities who receives special
education services, the term of the student’s emergency expulsion is subject to the
requirements of federal law and regulations and must be consistent with the consequences
that would apply to a student without a disability.
F. Placement in a Juvenile Justice Alternative Education Program (JJAEP)
State law requires the Harris County and Galveston County Juvenile Boards to develop a juvenile
justice alternative education program, which provides educational services to certain students who
have been expelled.
The Board of Trustees will enter into a Memorandum of Understanding with the county juvenile
board outlining the juvenile board’s responsibilities concerning the establishment and operation of
the JJAEP and conditions on payments from the District to the juvenile board. An agreement
between the school District and the county must provide for an expelled student to immediately
attend the JJAEP from the date of expulsion. Students who are not eligible for admission in the
JJAEP must be provided an educational program by the District.
G. Continuation of Disciplinary Placement/Withdrawals
If a student withdraws from CCISD before an order for placement in a disciplinary AEP or
expulsion is entered, the principal may complete the proceedings and enter an order. If the
student subsequently enrolls in CCISD during the same or subsequent school year, the district
may enforce the order at that time, except for any period of the placement or expulsion that has
been served by the student on enrollment in another district that honored the order. If CCISD
enrolls the student, the principal shall inform each educator who has responsibility for, or is under
the direction or supervision of an educator who has responsibility for, the instruction of a student
who has engaged in conduct for which removal is required by Texas Education Code Section
37.006 of the student’s misconduct. Each educator shall keep this information confidential. If the
principal or Board fails to enter an order after the student withdraws, the next district in which the
student enrolls may complete the proceedings and enter an order.
Page 18
Clear Creek ISD
FM
084910
(EXHIBIT A)
Clear Creek Independent School District
Policy FM Regulation
Extracurricular Student Activities Code of Conduct
Student/Parent Signature Form
Academic School Year:
_______________________________
_______________________________
Full Name
School
____________________________________________________________________
Home Address
______________________________
_______________________________
Home Phone Number
Current Grade
I have received and accept the CCISD Student/Parent Handbook, Extracurricular Rules of
Conduct, and _______________ organization’s rules/constitution. I have reviewed and
accept these handbooks and rules. I agree to follow these guidelines and expectations.
_______________________________
_______________________________
Student’s Signature
Parent’s Signature
_______________________________
_______________________________
Date
Date

Money, Money Teen A Bean Land here is a prelude to your request......

2008-03-15T04:43:00.000-07:00

When parents are so busy trying to "make it" and believe their child's teacher cares then when they realize everything they have to do is for naught, It is not worth trying to be good....... but must trust another to care for the very reason they are so busy trying to "make it" .

CCISD's, Shirley Duke and Breeding Principals allow the waste of time our children endure selective waste such as Ms.Feydo of Calk Elementary with payment for state law sanctioned "failure to educate" MOTTO~

The only reason these idiots were there openly admitted it, was for the money money, money, money,I love money" as the teacher said when requesting her students "lunch money" on the one day I went to school with my son.

Guess the free lunch kids were "outsourced" or "downsized" since they had no money?

Good, better to know bad news immediately!!

And those that are responsible for their children could care less, then intentionally force you to choose work or for the very care that is no longer provided.

And those that are responsible for our children could care less......"money, money, money,I love money" the teacher said when requesting any/all the students "lunch money" on the one day I went to school with my son. In a kindergarten's class, the teacher was most enthusiastic when collecting the kindergartens students by singing to them ....."money, money, money,I love money"~

If she paid attention to her class like she did to the class her child was in, which was more than 5 times in a 2 hour period.
I knew then she was not worth a dime of money she so loved from her students.

What a waste of penny's CCISD paid, what a waste of time for me, my son and those students and parents who trusted her with their children.

The only child she was concerned with was her own, oh and our students lunch money.

Teen Bean Land

2008-03-04T05:02:00.000-08:00

Ten Signs that You Need to Find a Different Kind of Education for Your Child.....

2008-03-01T01:06:00.000-08:00

Ten Signs that You Need to Find a Different Kind of Education for Your Child

by Jerry Mintz

Many parents do not realize that the education world has changed drastically since they were in school. Back in those days, schools were smaller, class sizes were smaller, dropout rates were lower, violence in school was almost unheard of, teachers were not terrified of showing affection to the children, or of teaching and discussing moral values. Even through rose-colored glasses, we know that school back then was no picnic, was far from perfect, but at least the teachers and usually the principal knew every student by name at a minimum, something which is not necessarily true today.

Because our public school system has now considerably deteriorated, many parents, teachers, and individuals have taken it upon themselves to create public and private alternatives to that traditional system which is definitely failing. It is important for parents to know that they now have choices, alternatives to the neighborhood school. How do you know that it is time to look for another educational approach for your child? Here are some of the signs:

1. Does your child say he or she hates school?
If so, something is probably wrong with the school because children are natural learners. When they're young you can hardly stop them from learning. If your children say they hate school, listen to them.

2. Does your child find it difficult to look an adult in the eye, or to interact with children younger or older than they are?
If so, your child may have become "socialized" to that very narrow group which many children ordinarily interact with in most schools, and may be losing the ability to communicate with a broader group of children and adults.

3. Does your child seem fixated on designer labels and trendy clothes for school?
This is a symptom of the shallowness of the traditional schools' approach, causing children to rely on external means of comparison and acceptance, rather than deeper values.

4. Does your child come from school tired and cranky?
This is a sure sign that their educational experiences are not energizing but are actually debilitating.

5. Do your children come home complaining about conflicts that they've had in school and unfair situations that they have been exposed to?
This is a sign that your school does not have a proper process for conflict resolution and communication.

6. Has your child lost interest in creative expression through art, music, and dance?
These things are generally not encouraged in the traditional system today and are not highly valued. They're considered secondary to the "academic" areas. In some cases, courses are not even offered in these areas any more. This tends to extinguish these natural talents and abilities in children.

7. Has your child stopped reading for fun, or reading or writing for pleasure? Are your children doing just the minimum for homework and going off for some escapist activity?
This is a sign that these spontaneous activities are not being valued in their school and another sign that they are losing their creativity.

8. Does your child procrastinate until the last minute to do homework?
This is a sign that the homework is not very interesting to, is not really meeting his or her needs, and is tending to extinguish their natural curiosity.

9. Does your child come home talking about anything exciting that happened in school that day?
If not, maybe nothing exciting is happening for your child in school. Would you want to keep working if your job was like that?

10. Did the school nurse of guidance counselor suggest that your child has some strange three lettered disease, like ADD, and that they should now be given Ritalin or some other drug?
I suggest that it is more probable that the school has the disease, EDD--Educational Deficit Disorder, and time to get your child out of that situation!

If your child has exhibited several of these characteristics, it is time for you to start looking for an alternative. In most parts of this country today, there are many options to choose from. For example, 30 states have now enacted legislation which allows groups of parents and teachers to create charter schools, schools which are not stuck with having to fulfill the myriad of state regulations but can create their own individualized approach. Four years ago there were only five of these charter schools in the country. By the end of this year there will be more than 1000 of them! Also, there are 4500 magnet schools throughout the country, public schools which specialize in a an area of expertise, and draw students from a wider area.

In most communities there are many private alternatives quietly offering a different educational approach. For example, there are over 4500 Montessori schools based on the experiential approach designed by Dr. Maria Montessori, and hundreds of Waldorf schools which put equal emphasis on traditional academics areas and the arts. There are hundreds of independent alternative schools, many emphasizing participant control with parents and students taking responsibility for their own educations.

Many public school systems have a variety of alternative programs within their systems. These are divided into two general approaches: 1. Public Choice; those programs which are open to any student in the community. Sometimes they are called Schools Within Schools. 2. Public At-Risk; those programs for children who have had a variety of problems coping with school. These programs run the spectrum from helpful to dumping ground. Examine them closely before making a decision to enroll.

Parents of over a million children in this country have checked off "none of the above" and decided to teach their children at home. It is now legal in every state and does not require teacher certification. Homeschooling has taken a variety of approaches. Some try to create "school at home" with a fairly standard curriculum, the main difference being that they can teach it one-to-one with their children. Some families have signed up with a curriculum which has been designed by an umbrella school. This school will help the parents with the curriculum and in some cases, grade homework, providing a basic curriculum for the parents to follow and helping with any report forms that are necessary. A third approach is one which is called "unschooling." In this case the parent bases their educational approach on the interest of the child and builds on that rather than a pre-set curriculum. It could be said that in some of these cases they design their curriculum "retroactively," keeping records of the activities throughout the year and at the of the process dividing the experiences into the appropriate subject area.

Overall, since most states require some form of testing of homeschoolers, it has been shown that remarkably, as a group, they average in the 85th percentile compared to the 50th percentile of the average public school student. There are now so many homeschoolers around the country that virtually all homeschoolers are part of some kind of homeschool group. Some of these groups have coalesced into homeschool resource centers and some of them will operate as often as four or five days a week. Generally, colleges have discovered that homeschoolers make such good students that they welcome homeschooling students to apply to their schools.

As more and more parents become aware of these choices and as they make these choices, we hope that the system will evolve into one which meets the needs of an increasing number of students. Meanwhile, don't wait for that system to change. Take responsibility for your child's education. Find out what your choices are and choose what is best for your child.

None of these signs by themselves should be taken as a reason to panic. But if you have noticed several of them, you should certainly explore educational alternatives.

Cause for concern gives also the factor that any policy perspective will always have to operate along the lines of defining social groups. It may come

2008-02-23T05:55:00.000-08:00

ISEC 2005

Inclusive and Supportive Education Congress
International Special Education Conference
Inclusion: Celebrating Diversity?

1st - 4th August 2005. Glasgow, Scotland
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Equality of Opportunity as a Rationale for Inclusive Education

Dr. Christian Liesen
Institute for Special Education – University of Zurich, Switzerland
Hirschengraben 48, CH-8001 Zurich
liesen@isp.unizh.ch

This paper seeks to discuss whether the principle of equality of opportunity could serve as a rationale for inclusive education. The first section aims at positioning the topic within the inclusive education discourse, narrowing down the scope. The second section presents a brief analysis of the notion of ‘equality of opportunity’ as well as some of its implications, while the third section addresses the question of how we are to know whether opportunities are equal. The last section seeks to draw some conclusions with respect to inclusive education. – It should be pointed out that the paper is solely meant for discussion.

1. The case for inclusive education: reasons and rationales

Many arguments have been brought forward to strengthen the case for inclusive education. Yet it is not always easy to follow the lines of reasoning, and little reflection is needed to notice certain contradictions and ambiguities and a good deal of eclecticism in the literature. The crux is, as Alan Dyson observed, that

(i)nclusion is different from many other fields of inquiry in that it is premised on an answer rather than a question. That ‘answer’, of course, is that inclusive education is superior in one or other way to non-inclusive education. The strength in this position is that it enables a relatively young field to define and advance itself in the face of considerable hostility. (…) The danger, however, is that it becomes all too easy for thinking on inclusion to descend from analysis to polemic, and for certain values and beliefs to become ossified, ultimately to the detriment of those marginalized groups on whose interests the inclusion movement claims to act. ( Dyson, 1999, p. 43f. )

Dyson has suggested to distinguish between two different but intersecting dimensions of the inclusive education movement: One is primarily concerned with providing a rationale for inclusion, whereas the other concentrates on the realisation of inclusion. Each dimension can again be subdivided into different discourses as follows. A rationale for inclusive education is either sought with reference to rights and social justice or by rigorously questioning the efficacy of special education (while claiming the superiority of inclusive education). The realisation of inclusion is frequently discussed either with respect to the political struggle for the implementation of inclusive education, or it is concerned with what inclusive education looks like inpractice (cf. Dyson, 1999, pp. 38-43 ). It is safe to say that these two dimensions / four discourses deliver a felicitous depiction of the inclusion debate’s crucial building blocks.

This paper is concerned with adumbrating the question whether equality of opportunity could serve as a rationale for inclusive education. It belongs, hence, in the context of the rights and social justice discourse. Concededly, the most important (and most interesting) question would actually be how the different building blocks interrelate, or ought to interact, in order to achieve progress in the field. Dyson does offer some very sensible and perspicacious suggestions on this (cf. ibid., pp. 44-48). The line of reasoning chosen here, by contrast, will allow only for a few rather cautious remarks in the final part of the paper. Proposed is the idea of merging, in a way, ethical considerations and empirical research in order to substantiate the case for inclusive education. As a consequence, some fundamental policy issues will emerge, alongside certain difficulties inherent to the rhetoric of inclusion.

2. Equality of opportunity

Let us shed, as a first step, some light on the principle of equality of opportunity. Peter Westen (1990) has presented an illuminating formal analysis. He states that opportunity

designates both a single concept and a multiplicity of conceptions. Each opportunity is like every other in that all opportunities reflect a certain formal relationship among agents, obstacles, and goals; but each opportunity also differs from other opportunities in that each is a relationship among particular agents, particular obstacles, and particular goals. ( Westen, 1990 , p. 171, italics added)

This may seem simple enough. Nevertheless, an important point with respect to the rhetoric of opportunity is already implied here: When opportunities are stated as a reason for, say, political action, speakers often do not specify the particular agents, obstacles, and/or goals they have in mind. Such a speech may still meet with approval although the underlying conceptions of speaker and listener may turn out to be radically different on closer examination. Rhetorical difficulties like these should be kept in mind.

Equal opportunities do not lead to equal outcomes. On the contrary, equal opportunities lead to inequality. There is sense in which a strong commitment to equality of opportunity is incompatible with equality of outcomes, and a society that aims at equalising opportunity is very different from a society that aims at equalising outcomes. The reason is that

(a)n ‘opportunity’ to attain a goal is a chance to attain a goal, not necessarily a guarantee of attaining it. Insofar as people have opportunities that are less than guarantees of what they wish, some of them will inevitably attain goals that others fail to attain. To create equal opportunity, therefore, is virtually always to allow people ‘to become unequal by competing against [their] fellows.’ (Westen, 1990, p. 176f.)

That equality of opportunity leads to inequality has some deeper implications. It can be argued that opportunities express and deliver a certain kind of liberty or freedom which is essential for society and which can not be achieved otherwise. Equality of opportunity is indispensable. T.D. Campbell enunciates the point as follows:

An opportunity may be said to occur when an agent is in a situation in which he may choose whether or not to perform some effortful act which is considered to be desirable in itself or as means to the attainment of some goal which is considered to be desirable. An opportunity is thus a type of liberty or freedom for it involves the absence of prohibitions or obstacles limiting what agents may or can do or acquire. […] (A)n opportunity is something which the agent may or may not take advantage of depending on whether or not he chooses to do so. One of the points about describing a situation as an opportunity is that this indicates that the outcome of the situation depends in part on the choices made by the person who has the opportunity. Opportunities can always be missed or passed up, neglected or rejected. Of course I may be forced to have an opportunity (as when I was compelled to go to school) but it is not an opportunity which I am forced to have if the attainment of the desired goal does not depend to some extent on my choices, that is, for instance, if whether or not I become educated as distinct from go to school, does not depend to some extent on my own volitions. If education as such could be compelled then we would not speak of educational opportunity, at least not in those cases where it is compelled. ( Campbell, 1975, p. 51/54, italics added )

It is true, of course, that not all opportunities are of particular concern to us. People do not care for all kinds of opportunities; they care first and foremost for educational and occupational opportunities. A ‘fair’ or ‘equal’ distribution of opportunities is relevant and vital especially in these domains. What comes into play here, then, is that equality of opportunity must be seen as a matter of distributive justice. A just society will usually seek to equalise opportunities in the sense of distributing them fair an equal. It is worth noticing, however, that opportunities can not be created or distributed at will. Westen notes that

creating one opportunity may mean denying another. Thus, whenever a society creates an opportunity by removing an obstacle that affects people differentially, it denies people the opportunity to benefit from the differential. And, whenever a society creates an opportunity by removing human obstacles, it denies people the opportunity to exploit those obstacles. This does not mean that societies should refrain from creating opportunities. It means, rather, that … the significant question for opportunity is not ‘Whether opportunity?’ but ‘Which opportunities?’ (Westen, 1990, p. 171)

Consequently and in most cases, with equality of opportunity as a rationale for inclusive education, apparently interests will have to be balanced. The interests of those who are excluded from participating effectively in society – of which the education system forms an essential part – will have to be weighed against the interests of those who are successful within such a framework and ‘benefit from the given differential’. A society will therefore have to deliberate about equalising opportunities, which is, ultimately, a democratic process (belonging to the realisation dimension).

It should be emphasized, however, that when a mismatch between a person’s situation and what may be called the dominant cooperative framework of society occurs, the results may be devastating. Being excluded from participating in the most basic interactions and cooperation of society strongly calls for compensation and adjustment. On this basic level, the interest in inclusion will by and large outweigh the interests of those who may be deprived of being as successful as they could be otherwise. If people are denied basic opportunities in this sense, they will normally be in the position of making strong claims in the cause of justice. But the question of particular interest is then, of course, ‘How do we know they are denied these opportunities?’, or more general, ‘How do we know whether opportunities are equal or not?’, e.g. in an education system.

3. How do we know when opportunities are equal?

We have seen so far that we should focus our attention on educational and occupational opportunities; that opportunities secure individual liberty and freedom and lead, consequently, to inequalities; and that equality of opportunity is a matter of distributive justice and may result in strong claims of justice in at least some cases. But on what grounds is it legitimate to judge whether opportunities are equal or not? How do we assess and evaluate equality of opportunity, especially with respect to inclusive education?

There is a substantive answer to this question. Any inquiry into whether opportunities in a given society are equal or not – or within parts of a society, such as the education system – will have to start from ascertainable inequalities under the prevailing circumstances. These inequalities will have to be sufficiently and adequately described in a way that most people would agree is accurate. (We will look at an example in a moment.)

The crucial point to be addressed will be whether or not the portrayed inequalities indicate that the principle of equality of opportunity has been violated. Onora O’Neill (1977) has argued that two different positions suggest themselves. One may be called the ‘formal’ (or ‘liberal’) position. It stresses that inequalities are due to the fact that people may choose to or refrain from taking advantage of the opportunities at hand. The members of society may be extremely unequal in educational and occupational attainment, but if so, it must be the result of the varying capacities, volitions, and desires of those to whom the respective selection procedures are applied. Once the distributive and selective procedures are fair, there is nothing left to complain about. As O’Neill points out,

(s)uch an ‘equal-opportunity society’ would … not be characterized by equal incomes or equal property holdings or equal standards of living or of education. (…) Equal opportunity in the formal sense does not ensure equal success or equal health or equal status, but only the fair application of the rules governing the pursuit of such goods. This is the equality of opportunity of … a society in which there are winners and losers, and in which winning appears often as merited by the winners and losing as deserved by the losers – for did they not all have equal opportunity to win? ( O'Neill, 1977 , p. 180)

The other position may be called the ‘substantive’ (or ‘egalitarian’) position. It stresses that inequalities must not indicate a disproportionate success of certain social groups in a society. Instead, all major social groups – but not all individuals – must fare equally well.

An equal-opportunity society on the substantive view is one in which the success rates of all major social groups are the same. (…) A strong commitment to substantive equality of opportunity demands that any under-representation of some group in some line of employment / income group / educational group be due solely to the unmanipulated choice of members of that group. (…) Substantively equal opportunity is achieved when the success rates of certain major social groups – such as the two sexes, various ethnic groups and perhaps various age groups – are equalized. It is not breached when there are large differences between the most- and least-successful members of these groups, provided that there are equally large differences between the most- and least-successful members of other major social groups. It is not true in a society which aims at substantively equal opportunities that all individuals have the same chance of any given type of success. For individuals are all members of many differently defined groups, and substantive equality of opportunity seeks only to equalize their chances qua members of certain major social groups; it seeks to eliminate inter-group differences, but not to alter intra-group ones. ( O'Neill, 1977 , p. 181-83)

This position is ready to acknowledge that people’s perspectives in life are not exclusively ascribable to a person’s capacities, volitions, and desires. As a matter of fact, there are disadvantages which are undeserved and beyond individual control, such as being disabled or of old age. The ‘substantive’ position is concerned with identifying adequate characteristics of major social groups to enable sound comparisons and call for compensation where needed.

To illustrate, a good example are some results from the PISA study (cf. www.pisa.oecd.org). The OECD Programme for International Student Assessment (PISA) is an internationally standardised assessment that was jointly developed by the participating countries (30 OECD member states plus 13 associated countries in the first assessment in 2000; at least 58 countries will participate in the next assessment in 2006). PISA claims to assess “how far students near the end of compulsory education have acquired some of the knowledge and skills that are essential for full participation in society.” The idea is to give information about the capacities and the potential of education systems. Does an education system prepare students well?

It is only recently that OECD has published some findings concerning equity and quality in the light of the PISA 2000 results. The report states that

(i)n sum, PISA 2000 results show that students in integrated education systems perform, on average, better than those in selective education systems, and that their educational performance is less dependent on their background. Many factors may be at play here. A higher average performance suggests that the more heterogeneous student groups or classes in integrated education systems could have a beneficial effect for the lower-performing students. Also, the flexibility offered by an integrated system may allow students to improve their performance while keeping their academic options open. ( OECD, 2005 , p. 89)

In the main findings section, the report reads:

A striking result was the advantage that comprehensive education systems appear to have in terms of student performance (quality). PISA 2000 results suggest that the performance of students enrolled in comprehensive education systems is less dependent on their socio-economic background. ( ibid., p. 94)

From the perspective of equality of opportunity, it is not so much the aspect of performance (‘quality’) that is of interest here but rather the aspect of uncoupling socio-economic background and performance (‘equity’). There are some countries – Germany is a sad example – in which the social background of a student has a very strong impact (‘predictive power’) on student performance. This means, to put the matter bluntly, that it is not a student’s capacity to perform that determines what he or she will achieve, but first and foremost his or her socio-economic background. The result is that students with a low social background are manifestly underrepresented on the higher levels of the education system.

The ‘liberal’ position has no option but to ascribe this situation to individual factors, say, motivation or ability. This is highly implausible, at least in the case of countries that have had to experience a rude awakening by PISA, such as Germany or Switzerland. ‘Substantive’ equality of opportunity, on the other hand, is precisely concerned with cases like these: Members of a major social group – i.e., students with a lower socio-economic background – are disadvantaged due to factors that are undeserved and beyond individual control, while other groups display disproportionate success. This does call for an equalisation of opportunities.

4. Equality of opportunity and inclusive education: some considerations

In the final part of this paper, I would like to draw some conclusions concerning equality of opportunity and inclusive education.

First, I think that equality of opportunity can serve as a rationale for inclusive education if and only if inclusion is understood in the sense of equity. This would mean to adopt the substantive view of equal opportunity, and will require to provide empirical evidence to show that a major social group of society is indeed undeservedly disadvantaged. It would also mean to suggest that some form of inclusive education is the right course of action to take.

Second, to provide a rationale for inclusive education is obviously very different from the realisation of inclusive education. It should be kept in mind that other interests will have to be allowed for as well and that there might be considerable opposition, even if the claims could compellingly be shown to be legitimate ones. This should not belie the fact, however, that being in the position to provide a rationale for inclusive education is very different from simply claiming that it is right. It is precisely because different and mutually incompatible interests are involved that arguments have to be provided (and there are some highly interesting contributions in this kind of spirit, for example Booth & Ainscow, 1998; Pijl, Meijer & Hegarty, 1997; Vitello & Mithaug, 1998 ).

Third, if this idea bears any validity at all, it has to be pointed out that the rhetoric of inclusion tends to disguise some fundamental points here, especially in relation to policy. For example, the rhetoric of ‘celebrating diversity’ tends to downplay the fact that different legitimate interests are involved and have to be balanced. Cause for concern gives also the factor that any policy perspective will always have to operate along the lines of defining social groups. It may come as a surprise that this is not only due to administrative reasons (cf. Dever, 1990 ) but is also demanded from an ethically informed perspective. There are no claims of distributive justice – and hence no rationale for inclusive education – without the construction of social groups. The talk of heterogeneity isn’t much help in these matters, the more so as it quite often blurs who is thought to be the target group of inclusion within the inclusive education discourse.

Fourth, it will be as unavoidable as it is fruitful to strive to merge ethical considerations and empirical research in some respect. The idea behind this is that an empirical basis is indispensable in order to substantiate claims, while at the same time ethical considerations are indispensable to provide a sensible interpretative framework for empirical findings and to draw sound conclusions. One main feature of these arguments, reasons and rationales is that they must be eligible to convince others on grounds they can not reasonably reject – to convincingly argue the case.

Fifth, there seems to be a broad consensus that inclusive education has to be conceptualised as a general education topic, not as another issue of special education. Equality of opportunity might help us to engross the implications of what this actually means. It might help us to see the big picture.

Sixth, it has to be pointed out that there is not one choice in these matters, but many. There is no unequivocal course of action to take. Dyson’s proposal to talk not of inclusion, but of inclusions, and to seek not a single form but a wide range of inclusive practice and organisation (1999, p. 46), deserves a good deal more of attention. Moreover, I think the field of special education should be very serious about Seamus Hegarty’s remark that inclusive education has to be about changing and modifying system in a way that preserves all its strengths (cf. Hegarty, 1998 , p. 156).

References

BOOTH T. & AINSCOW M. (eds.) (1998) From Them to Us. An International Study of Inclusion in Education. London: Routledge.

CAMPBELL T.D. (1975) Equality of Opportunity. Proceedings of the Aristotelian Society 75, 51-68.

DEVER R.B. (1990) Defining Mental Retardation from an Instructional Perspective. Mental Retardation 28 (3), 147-53.

DYSON A. (1999) Inclusion and Inclusions: Theories and Discourses in Inclusive Education. IN Daniels H. & Garner P. (eds.) World Yearbook of Education 1999: Inclusive Education. London: Kogan, 36-53.

HEGARTY S. (1998) Challenges to Inclusive Education: A European Perspective. IN Vitello S. & Mithaug D.E. (eds.) Inclusive Schooling: National and International Perspectives. Mahwah, NJ: Erlbaum, 151-65.

O'NEILL O. (1977) How Do We Know When Opportunities Are Equal? IN Vetterling-Braggin M., Elliston F.A. & English J. (eds.) Feminism and Philosophy. Totowa, NJ: Rowman & Littlefield, 177-89.

OECD (2005) School Factors Related to Quality and Equity. Results from Pisa 2000. Paris: OECD.

PIJL S.J., MEIJER C. & HEGARTY S. (eds.) (1997) Inclusive Education: A Global Agenda. London: Routledge.

VITELLO S. & MITHAUG D.E. (eds.) (1998) Inclusive Schooling. National and International Perspectives. Mahwah, NJ: Erlbaum.

WESTEN P. (1990) Speaking of Equality. An Analysis of the Rhetorical Force of Equality in Moral and Legal Discourse. Princeton, N.J.: Princeton University Press.

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The University of Strathclyde Association of Directors of Education in Scotland NASEN Inclusive Technology Ltd Greater Glasgow & Clyde Valley Tourist Board Virtual Staff College

As Neeley Leaves TEA, Report Says Perry Crony Commits Cronyism

2008-02-05T00:59:00.000-08:00

Posted in Had Enough Yet?, Education, Around The State at 9:17 am by wcnews

Here’s the AAS story about this from yesterday, Report cites problems with TEA contract, it also include a link to the report.

Associates and former employees of high-ranking officials at the Texas Education Agency have in recent years won pieces of contracts that were not competitively bid, according to a report from the agency’s inspector general.

The report, obtained by the American-Statesman on Wednesday, says that contracts went to education service centers, which serve as regional outposts for the state agency, and that the associates of agency officials received subcontracts.

The report does not explicitly state whether competitive bids should have been taken. Even when competitive bids are issued, agency staff members do not follow the agency’s contract policies, the report says.

Education Commissioner Shirley Neeley, who ordered the report after an agency employee raised questions in February, has turned it over to State Auditor John Keel, who is investigating further, agency spokeswoman Debbie Ratcliffe said.

Neeley who commissioned the report is being replaced by her second in command, and Perry Crony, Robert Scott who was “frequently cited” in the report. From today’s HChron, Perry stands by choice for TEA fill-in. Why wouldn’t he? That is, after all, what crony’s do for one another.

Gov. Rick Perry has no concerns about putting deputy commissioner Robert Scott temporarily in charge of the Texas Education Agency, the governor’s spokesman said Thursday, despite questions raised in an inspector general’s report detailing no-bid contracts that went to Scott’s friends.

“None. The governor has complete confidence that he will do his job with the utmost integrity and professionalism, just as he always has,” Perry spokesman Robert Black said.

Scott will lead the agency, which oversees public education for 4.5 million children attending Texas public schools, until Perry picks a permanent successor to Shirley Neeley, who left her job as commissioner this week after the governor decided not to reappoint her.

A former Perry aide, Scott previously led the agency between Neeley’s appointment and the departure of her predecessor, Felipe Alanis.

The inspector general’s report released Wednesday chronicled instances when contracts that were not competitively bid landed with Austin attorney Emily Miller, described in the report as a friend of Scott’s, or with his former executive assistant, Cory Rountree.

The report said it was often unclear how Scott’s friends got the work.

“Key participants in the contracting process do not agree as to how the subcontractors were chosen,” according to the report.

The inspector general’s report said the education agency failed to follow state contracting policy in awarding millions of dollars in competitive grants. It highlighted ambiguities in awarding grants from a $261 million partnership between the state and several private foundations for high school improvement.

Neeley commissions the report, that fingers the governor’s buddy and shortly before it’s release she’s “forced out” of her job.

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Online learning is something that can offer terrific opportunities to kids in different situations,"

2008-01-16T03:18:00.000-08:00

Texas Virtual Academy lets kids attend public school online
06:11 AM CST on Monday, January 7, 2008
By KAREN AYRES SMITH / The Dallas Morning News
kayres@dallasnews.com

Going to school now means going online for Victoria McClure-Esqueda.

JIM MAHONEY/DMN

Victoria McClure-Esqueda, 8, squeezes her eyes shut to envision the correct answer to a math problem at home in Irving with her mother, Jenifer McClure. Victoria attends school online, but workbooks are still in the equation.

The Irving 8-year-old is one of hundreds of students across North Texas who have enrolled at the Texas Virtual Academy at Southwest, an online public school that opened to area students for the first time in 2007.

The students work at home and study a curriculum created by a contracted company, but they can earn the same credits as students who attend any other public school in the state.

For Victoria, online learning means studying some advanced fourth-grade courses and, perhaps more important, not slacking off.

Also Online

Link: Southwest Schools

Link: K12

Link: TEA electronic course pilot description

"She kind of just decided to zone out at school," said Jenifer McClure, Victoria's mother. "If she's at home, we know she won't be zoning out because she doesn't have that option."

The growing program puts Texas in the middle of a booming national experiment with online education.

Companies across the country have signed lucrative deals with state and local education agencies to offer curriculum and technology services in exchange for part of the money that typically goes to local school districts.

Advocates and scholars of online education say the technology lets students work at their own speeds, but monitoring student attendance and performance can be challenging when students don't see their teachers every day.

The Texas Education Agency has long allowed school districts to offer some online courses, but this program marks a major shift because the state is now paying a public charter school to educate students who never attend the school building.

The program looks a lot like home-schooling, but it carries far more requirements: Professional teachers monitor students' attendance and academic progress every day. The students must also pass the Texas Assessment of Knowledge and Skills tests.

Kate Loughrey, TEA's distance-learning director, said TEA is closely monitoring the school's test scores and other factors to see what works. The results could shape virtual education across the state for years to come.

"We knew as a state that [online learning] is something that can offer terrific opportunities to kids in different situations," Ms. Loughrey said. "We're conducting the program so we can learn what we need to learn as a state in order to support and enable quality online learning."

Computer provided

Victoria starts her day around 8 a.m.

A precocious middle child, she plops in front of a computer squeezed next to a television in her family's Irving apartment. The school sent the computer and boxes of supplies at no cost when she enrolled last month.

First up is answering her teacher's question of the day – today, it's in history – designed to prepare her for the upcoming state TAKS tests that all virtual students must take.

Victoria pinpoints the location of the original 13 colonies. By sending her answer, she confirms to her virtual teacher that she is present for the day.

Her dad and at-home teacher, Joe Esqueda, lets her pick her next subject. The school lays out her schedule for the day, but she gets to choose the order.

Her pick, as usual, is math.

She has already studied the introduction to dividing large numbers online, so she moves over to one of several workbooks scattered across a coffee table. Much of her time is spent offline, reading books or doing experiments, for example.

Victoria was a third-grader at Gilbert Elementary, but her placement test for virtual school showed she was ready for fourth grade in some subjects, including math.

Her dad helps with a tough question.

When they both need help, they e-mail her virtual teacher. Or Ms. McClure fills in when she gets home from work.

"If she is stuck on it, we can go over it 300 times," Ms. McClure says.

Victoria must earn at least an 80 percent on this lesson's assessment to move to the next one. She asks her mom for help, but her parents won't assist when it comes to grades.

"It's a test; I can't touch it," Ms. McClure tells her daughter.

Victoria will soon get a break for lunch. By the end of the day, she'll have spent about six hours working on her lessons, even literature, which she could do without.

Most days, she'll also have run around a track for exercise and attended Girl Scout meetings or outings with other virtual school students to hang out with kids.

"It's fun," Victoria says of virtual school.

That's a big step for a girl who was so bored at school a few months ago that she didn't turn in completed assignments. Her dad found them under the couch.

Still, her parents aren't sure whether it would work for their other two children – Megan, 6, and Alex, 11 – who both do well at Gilbert Elementary.

Victoria "wants to be the center of attention at all times," Mr. Esqueda says with a laugh as he turns to his daughter. "Now finish your assessment, baby girl. Now."

One size 'doesn't fit all'

Victoria is one of about 550 students who have enrolled in the virtual academy as part of the state's electronic course program.

Many students want the chance to work at an advanced or slower pace. Some are home-schooled. Others suffer from medical problems that make school attendance difficult.

"I've been in the public school classroom to know that one size really doesn't fit all," said Feyi Obamehinti, Victoria's teacher who has taught in Irving and Dallas. "Students here are looked at individually, not across a grade level."

The state granted Southwest Schools, a Houston-based charter school, permission to launch the virtual school a few years ago for students in the Houston area. It received approval to expand in the Dallas and Fort Worth regions in September. It's capped statewide at 750 students.

The school signed an agreement with K12, a Virginia-based company that provides content for 39,500 students in 17 state-run virtual schools and other programs across the country.

The deal calls for K12 to provide computers, curriculum and support in exchange for a portion of the state funding. The final cost will depend on how many students enroll. K12's revenues have soared from work in other states. The company went public Dec. 13.

Mary Gifford, a K12 vice president who covers the Texas region, said K12 adjusted its curriculum to match the requirements in Texas. For example, the company created a Texas history course for seventh-graders.

"This has been a gigantic investment on K12's part into the state of Texas," Ms. Gifford said.

Reviewing TAKS data

The state leaves it up to Southwest to run the program.

"Just like with bricks-and-mortar schools, we presume that teachers are doing their jobs and teaching what needs to be taught," Ms. Loughrey said. "We don't send people in the classroom to observe them."

Leaders of K12 and Southwest say they rely on parents, technology and their staff of teachers to monitor attendance and progress. A student who wants to sit on the couch all day will not last, they say.

"It's not the classroom for all students; it's the classroom for some students," said Janelle James, chief academic and operating officer for Southwest Schools. "The student who might not benefit from this program is someone who needs that interaction on an everyday basis."

Virtual academy officials say results from 2007 show that average TAKS scores for students in the Houston program exceeded state requirements, but Ms. Loughrey said the agency is still reviewing the data.

"We're taking it one year at a time," she said. "They don't have unlimited approval."

Nationally, online education for kids in elementary through high school has grown by about 30 percent a year since 1997 to 92,000 full-time students and thousands of part-time students taking roughly 1 million courses, according to the North American Council for Online Learning.

"We haven't even scratched the surface of offering online courses that students and parents want to see," said Susan Patrick, the group's president.

Still, John Hoyle, a professor of educational administration at Texas A&M University, said there is no research to show learning with technology is any better than learning in a traditional classroom.

"We have no solid evidence," he said. "We haven't come up with sophisticated enough techniques to see if technology really improves learning over a traditional classroom."

Dr. Hoyle said online programs can be hard to hold accountable, but they can be a good option for some students not served well by a traditional school.

K12's success will depend on reaching parents of those students. The company has held several information sessions in the Dallas-Fort Worth area since fall. More are scheduled this month.

After a recent session in Fort Worth, Tanya Kirkland, a home-schooling mom, said she decided to enroll her daughter, a sixth-grader.

"My concern is meeting my individual child's needs," said Ms. Kirkland of Waxahachie. "I don't want to see her stifled."

HOW DOES ONLINE SCHOOL WORK?

How does the Texas Virtual Academy at Southwest work?

Who is eligible?

Students in grades three to eight who live in three of the Texas Education Agency's geographic regions: Region IV (Houston/Galveston), Region X (Dallas) or Region XI (Fort Worth). The program is limited to a total of 750 students.

How much does it cost families?

Nothing. Students work at home on computers. The school does not charge tuition, lends a computer to students and provides all instructional materials. Families can be reimbursed for their Internet connections.

Who runs the school?

Southwest Schools, a Houston-based charter school, partnered with a company called K12 to provide curriculum and management services. K12 is a national for-profit company that runs virtual schools across the country.

Who created the curriculum?

K12 uses teachers and other experts to create the online curriculum. It was adapted to meet requirements in Texas.

What courses are offered?

Language arts, math, science, history, music and art are the core courses. There will also be other courses in the appropriate grade levels, such as physical education.

Does the school have teachers?

Yes. Teachers monitor students' academic progress and attendance. They conduct virtual lessons and answer questions from students and parents. Each teacher works with roughly 50 students.

How does the school monitor attendance?

Students must respond to daily questions issued by their virtual teachers. Teachers also monitor students' progress on completing required lessons. Students who don't meet attendance rules can be held responsible under truancy laws.

How does the state measure accountability?

All students must take the Texas Assessment of Knowledge and Skills.

How is the program funded?

The state pays Southwest Schools roughly the same per-pupil funds other public schools receive. Southwest pays the teachers, receives a 2 percent oversight fee, and receives some additional fees for academy-related expenses. K12 retains the remaining funds. Total funds for this year will depend on final enrollment.