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Disciplinary actions that result in the removal of a student from any part of their regular academic program will be reported as: In-School Suspension (ISS), Out-of-School Suspension (OSS), Expulsion, Juvenile Justice Alternative Education Program (JJAEP) assignment, or DAEP assignment.  Refer to PEIMS code table C164 for the specific actions to be reported.

For JJAEP, DAEP, and Expulsion assignments that involve any part of a day:

• The OFFICIAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT and ACTUAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT fields should be rounded up to the next whole number. 
• For example, a student is assigned DAEP for 3 days and begins their DAEP placement in the middle of the school day. Although the student will only be in DAEP for 2.5 days, the discipline record will be reported with OFFICIAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT and ACTUAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT of 3 days.

For ISS and OSS:

• Any removal of the student for a partial day will be reported as a whole day with a value of 1 (one) in the OFFICIAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT and ACTUAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT fields. 
• If the removal is for a partial day, then DISCIPLINARY-ACTION-CODE "25" or "26" will be used to reflect the partial day assignments to either ISS or OSS. 

• This also applies to consecutive or non-consecutive partial day assignments where the assignment is for more than one calendar day.
• For example, a student is assigned OSS for 2.5 days and begins the assignment in the middle of the school day. The student will be suspended for 2.5 days. There will be two discipline records reported:

1. Report DISCIPLINARY-ACTION-CODE of "25" (Partial Day Out-Of-School Suspension) for the half day, with OFFICIAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT and ACTUAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT of 1 day, and
2. Also report DISCIPLINARY-ACTION-CODE of "05" (Out-Of-School Suspension) for the remaining 2 days, with OFFICIAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT and ACTUAL-LENGTH-OF-DISCIPLINARY-ASSIGNMENT of 2 days.

• Suspensions under TEC, Section 37.005, may not exceed three school days. (TEC, Section 37.005(b))

For JJAEP:

• An LEA will report each disciplinary action that results in the removal of a student from any part of their regular academic program, including a placement or continuation of a placement in a JJAEP, with the DisciplineActionExtension Complex Type. Applicable DISCIPLINARY-ACTION-CODEs are "02", "12", "13", "15", "51", "59", "60", and "61".
• An LEA will not report any disciplinary actions taken by the JJAEP school administration.

For DAEP’s or Shared Service Arrangements for DAEP services or participating in a Memorandum of Understanding (MOU) for JJAEP’s:

• All days of operation for student attendance must be reported through PEIMS Submission 3. 
• There is no Summer School Program period for disciplinary programs such as DAEPs or JJAEPs and all days of student attendance for disciplinary assignments must be reported through PEIMS Submission 3.

• Each district has control over when its district's calendar for a DAEP or JJAEP begins and ends. 
• For example, if the JJAEP has a 220-day calendar, and a school district’s traditional calendar runs from August 15, 20YY through May 30, 20YY, then the calendar for the JJAEP could potentially run from June 1, 20YY through May 30, 20YY or some variation such that the district’s ability to report PEIMS data for Submission 3 by the required due dates is not impaired.

The PEIMS Chart for Determining Mandatory and Disciplinary DAEP Placements and Expulsions located in the Data Submission>Technical Resources>PEIMS Discipline Data guidance illustrates those occasions where mandatory action(s) must be taken.  If the offense committed falls under either Mandatory DAEP Placement or Mandatory Expulsion, then the district should report at least one (1) Student Disciplinary Action that matches the chart.  Appropriate exceptions would include students receiving special education services for whom a manifestation ARD was held in accordance with the Individuals with Disabilities Education Act (IDEA) and it was determined a link existed between the student’s behavior and the student’s disability. Reporting such an exception, the district must submit one Disciplinary Action with DISCIPLINARY-ACTION-CODE "27" and another Disciplinary Action(s) with the DISCIPLINARY-ACTION-CODE(s) that was taken by the district using the same incident number linking the records together.

Another exception is when a school district determines that the mandatory disciplinary action will not be taken because the district considered one or more of the TEC, §37.001(a)(4) provisions that requires the district to consider self-defense, intent or lack of intent, student’s disciplinary history, or disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct as a factor in a decision to order suspension, removal to a disciplinary alternative education program, or expulsion. The district must submit one Disciplinary Action with DISCIPLINARY-ACTION-CODE "28" and another Disciplinary Action(s) with the DISCIPLINARY-ACTION-CODE(s) of the action(s) that were taken by the district using the same incident number linking the records together.

For the behaviors identified in TEC §37.006, refer to the “Mandatory DAEP Placement” column on the Chart for Determining Mandatory Placement and Expulsion Codes in the Data Submission>Technical Resources>PEIMS Discipline Data guidance:

• For students identified with one of these behaviors there must be a DisciplineActionExtension Complex Type illustrating at least one day of removal to a DAEP unless the student is a student receiving special education services for whom a manifestation hearing is held in accordance with IDEA and a determination made that the mandatory action is not appropriate and will not be taken.

• When the mandatory action is not taken and another action is taken, the district must submit a DisciplineActionExtension Complex Type with DISCIPLINARY-ACTION-CODE "27" and a DisciplineActionExtension Complex Type with the action(s) taken by the district. Both Complex Types must have the same DISCIPLINARY-INCIDENT-NUMBER.

For the behaviors identified in TEC §37.007, refer to the “Mandatory Expulsion” column on the Chart for Determining Mandatory Placement and Expulsion Codes in the Data Submission>Technical Resources>PEIMS Discipline Data guidance: 

• For students identified with one of these behaviors there must be a DisciplineActionExtension Complex Type illustrating at least one day of expulsion to either a JJAEP, DAEP, or no academic setting based upon the requirements in state law and/or district policy unless the student is a student receiving special education services for whom a manifestation hearing is held in accordance with IDEA and a determination made that the mandatory action is not appropriate and will not be taken.

• When the mandatory action is not taken and another action is taken, the district must submit a DisciplineActionExtension Complex Type with DISCIPLINARY-ACTION-CODE "27" and a DisciplineActionExtension Complex Type with the action(s) taken by the district.  Both Complex Types must have the same DISCIPLINARY-INCIDENT-NUMBER.

• Except for the reason of “bringing a firearm to school”, a student who is younger than 10 years of age may not be expelled for engaging in conduct described in TEC 37.007. Students who are less than 10 years of age and commit an otherwise expellable offense may be placed to a DAEP via a DAEP conference hearing in lieu of an expulsion hearing. Students under the age of 10 who bring a firearm to school must be expelled with placement to a DAEP.

Discipline over multiple years:

Anytime a disciplinary action spans multiple school years or multiple school districts, the reporting period indicator code for continuation assignments should be the reporting period in which the continuation assignment is made in the subsequent school year or by the subsequent school district.  Be sure that continuation DISCIPLINARY-ACTION-CODEs "08"-"12", "15", "55"-"59" or "61" are used when continuing a disciplinary assignment from a prior year or prior district.

A single incident/offense may result in multiple disciplinary actions.  In such cases, multiple discipline records must be reported for each action taken against a particular student for a particular incident/offense.  See Example EX1.

If a student is involved in a reportable disciplinary incident, and the student attempts to withdraw from school before the disciplinary assignment is made, the district/school should complete the due-process proceedings that result in a disciplinary assignment before the student is allowed to withdraw and then the district is required to report the discipline record reflecting that assignment in order to remain in compliance with TEC §37.009.

Whenever a student is reported with multiple discipline records at the same CAMPUS-ID-OF-ENROLLMENT, at least one of the elements DISCIPLINARY-INCIDENT-NUMBER, DISCIPLINARY-ACTION-CODE, or DATE-OF-DISCPLINARY-ACTION must be different. An exception to this rule would be an instance where the teacher has permanently removed a student from their classroom (DISCIPLINARY-ACTION-CODE "01") and the campus administrator has no other academic setting available for the student for this particular time period/subject.

The use of DISCIPLINARY-ACTION-CODEs "50"-"61" are limited to those occasions when a Special Education hearing officer assigned by the TEA has been brought in to preside over the Discipline Action Hearing.

If DISCIPLINARY-ACTION-CODE is "50"-"61", then there should be at least some Regular or Flexible Special Education Attendance reported for this student in the same reporting period, unless the student lives out-of-state and is not eligible for ADA funding. 

If DISCIPLINARY-ACTION-CODE is "27", then there should be at least some Regular or Flexible Special Education Attendance reported for this student in the same reporting period, unless the student lives out-of-state and is not eligible for ADA funding.

A student should not have more disciplinary removals in a six-week reporting period than there are days in membership (sum of TOTAL-ELIGIBLE-DAYS-PRESENT, TOTAL–INELIGIBLE–DAYS-PRESENT and TOTAL-DAYS-ABSENT) on the Basic Attendance data for that student during that same reporting period.

A student should not have more than one day of disciplinary removal assigned or served for a Partial Day Out-Of-School Suspension or Partial Day In-School Suspension (DISCIPLINARY-ACTION-CODEs "25" or "26"). For Partial Day In-School Suspensions or Partial Day Out-Of-School Suspensions, the OFFICIAL-LENGTH-OF DISCIPLINARY-ASSIGNMENT and ACTUAL-LENGTH-OF DISCIPLINARY-ASSIGNMENT should not be greater than one (1) day, unless it is a Permanent Removal By a Teacher from Class (DISCIPLINARY-ACTION-REASON-CODE "01"). Disciplinary removal assignments to Out-Of-School Suspension or In-School Suspension that are greater than one day should generally be reported with DISCIPLINARY-ACTION-CODEs "05" or "06".