Permanent Removal By A Teacher From Class

Permanent Removal By A Teacher From Class (Teacher has removed the student from classroom and denied the student the right to return.) – TEC, §37.002(c)

Conduct Punishable As A Felony

Engages in Conduct Punishable As A Felony – TEC, §37.006(a)(2)(A), TEC, §37.006(d)(2)(A) and (B)

Alcohol 

Sells, gives, or delivers to another person an alcoholic beverage, as defined by §1.04, Alcoholic Beverage Code, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage. TEC, §37.006(a)(2)(D),TEC, §37.007(b)(2)(A)(iii)

Abusable Volatile Chemical

Engages in conduct that contains the elements of an offense relating to an abusable volatile chemical under §485.031 through §485.034, Health and Safety Code. TEC §37.006(a)(2)(E), TEC §37.007(b)(2)(B)

Public Lewdness Or Indecent Exposure

Engages in conduct that contains the elements of the offense of Public Lewdness under §21.07, Penal Code, or Indecent Exposure under §21.08, Penal Code; TEC, §37.006(a)(2)(F)

Title 5 Felony Offenses 

Engages in conduct of a Penal Code, Title 5 Felony off school property and while the student Is not in attendance at a school-sponsored or school-related activity – TEC, §37.006(c)(1)(A), and TEC, §37.0081

Felony Offenses Not in Title 5, Penal Code 

Engages in conduct occurring off campus and while the student is not in attendance at a school-sponsored or school-related activity for felony offenses not in Title 5, Penal Code – TEC, §37.006(d)(2)(A)

Unlawful Carrying Of A Location-Restricted Knife

Unlawful Carrying Of A Location-Restricted Knife under Penal Code, §46.02 – TEC, §37.007(a)(1), (Location-Restricted Knife - blade longer than 5.5 inches, Penal Code 46.01(6))

Elements Of Offense Relating To Prohibited Weapons

Conduct containing the Elements Of An Offense Relating To Prohibited Weapons under Penal Code, §46.05 – TEC, §37.007(a)(1)

Arson

Engages in conduct that contains the elements of the offense of Arson under Penal Code, §28.02 – TEC, §37.007(a)(2)(B)

Murder, Capital Murder, Criminal Attempt To Commit Murder Or Capital Murder

Engages in conduct that contains the elements of the offense of Murder under Penal Code, §19.02, Capital Murder under Penal Code, §19.03, Criminal Attempt to Commit Murder, or Capital Murder under Penal Code, §15.01 – TEC, §37.007(a)(2)(C)

Indecency With A Child

Engages in conduct that contains the elements of the offense of Indecency With A Child under Penal Code, 21.11 – TEC, §37.007(a)(2)(D)

Aggravated Kidnapping

Engages in conduct that contains the elements of the offense of Aggravated Kidnapping under Penal Code, §20.04 – TEC, §37.007(a)(2)(E)

Violation Of Student Code Of Conduct 

Violation Of Student Code Of Conduct established under TEC, §37.001 and not included under TEC, §37.002(c), §37.006, or §37.007

Felony Criminal Mischief 

Engages in conduct that contains the elements of the offense of criminal mischief under §28.03, Penal Code, if the conduct is punishable as a felony under that section – TEC, §37.007(f)

Emergency Placement/Expulsion

Emergency Placement/Expulsion – TEC, §37.019

Terroristic Threat Involving A Public School

Engages in conduct involving a public school that contains the elements of the offense of Terroristic Threat – TEC, §37.006(a)(1) or §37.007(b)(1)

Assault Against School District Employee Or Volunteer 

Engages in conduct that contains the elements of the offense of Assault under §22.01(a)(1), Penal Code, against a school district employee or volunteer – TEC, §37.007(a)(4)

Assault Against Someone Other Than A School District Employee/Volunteer 

Engages in conduct that contains the elements of the offense of Assault under §22.01(a)(1), Penal Code, against someone other than a school district employee or volunteer – TEC, §37.006(a)(2)(B) 

Aggravated Assault Against School District Employee Or Volunteer 

Engages in conduct that contains the elements of the offense of Aggravated Assault under §22.02, Penal Code, against a school district employee or volunteer – TEC, §37.007(a)(2)(A)

Aggravated Assault Against Non-School District Employee or Volunteer 

Engages in conduct that contains the element of the offense of Aggravated Assault under §22.02, Penal Code, against someone other than a school district employee or volunteer – TEC, §37.007 (a)(2)(A)

Sexual Aslt Or Aggravated Sexual Aslt Against District Employee/Volunteer

Engages in conduct that contains the element of the offense of Sexual Assault under §22.011, Penal Code, or Aggravated Sexual Assault under §22.021, Penal Code, against a school district employee or volunteer – TEC, §37.007(a)(2)(A)

Sexual Aslt Or Agg Sexual Aslt Against Non Dist Employee/Volunteer

Engages in conduct that contains the element of the offense of Sexual Assault under §22.011, Penal Code, or Aggravated Sexual Assault under §22.021, Penal Code, against someone other than a school district employee or volunteer – TEC, §37.007(a)(2)(A)

False Alarm/False Report Involving a Public School 

Engages in conduct involving a public school that contains the elements of the offense of False Alarm or Report under §42.06, Penal Code – TEC, §37.006(a)(1) and §37.007(b)(1) 

Felony Controlled Sub/Dangerous Drug Violation (Excludes Marihuana/THC) 

Sells, gives, or delivers to another person, or possesses or, uses, or is under the influence of a Felony Level Controlled Substance under Chapter 481, Health and Safety Code, or dangerous drug under Chapter 483, Health and Safety Code. TEC, §37.006(a)(2)(C), §37.007(a)(3) (excluding marihuana and THC), §37.007(b)(2)(A)(i)-(ii) 

Fighting/Mutual Combat Excludes All Offenses Under Penal Code 22.01

Engages in Fighting/Mutual Combat in violation of the student code of conduct and excludes all offenses under Penal Code, §22.01 – TEC, §37.001 

Manslaughter

Engages in conduct that contains the elements of the offense of Manslaughter under Penal Code, §19.04 – TEC, §37.007(a)(2)(G)

Criminally Negligent Homicide

Engages in conduct that contains the elements of the offense of Criminally Negligent Homicide under Penal Code, 19.05 – TEC, §37.007(a)(2)(H)

Engages In Deadly Conduct

Engages in conduct that contains the elements of the offense of Deadly Conduct under Penal Code, 22.05 – TEC, §37.007(b)(2)(C)

Placement of Registered Sex Offender WHO IS Under Court Supervision

Relates to a student required to register as a sex offender and who is under any form of court supervision, including probation, community supervision, or parole. TEC, §37.304 The offense(s) for which the student is required to register as a sex offender must have occurred on or after Sept. 1, 2007

Placement of Registered Sex Offender WHO IS NOT Under Court Supervision 

Relates to a student required to register as a sex offender and who is not under any form of court supervision. – TEC, §37.305. The offense(s) for which the student is required to register as a sex offender must have occurred on or after Sept. 1, 2007 

Continuous Sexual Abuse Of Young Child Or Disabled Individual

Continuous Sexual Abuse Of Young Child Or Disabled Individual under §21.02 Penal Code – TEC §37.007(a) (2) (I)

Breach of Computer Security

Engages in conduct that contains the elements of the offense of Breach Of Computer Security if the conduct involves accessing a computer, computer network, or computer system owned by or operated on behalf of a school district; and the student knowingly alters, damages, or deletes school district property or information or commits a breach of any other computer, computer network, or computer system, under Penal Code, §33.02 – TEC, §37.007(b)(4) (HB1224) 

Serious Misbehavior as defined by TEC, §37.007(c) while in a DAEP

While expelled to/placed in a DAEP, a student engages in "Serious Misbehavior" defined as:  

(1) deliberate violent behavior that poses a direct threat to the health or safety of others;

(2) extortion, meaning the gaining of money or other property by force or threat;

(3) conduct that constitutes coercion, as defined by §1.07, Penal Code; or

(4) conduct that constitutes the offense of:

   (A) public lewdness under §21.07, Penal Code;

   (B) indecent exposure under §21.08, Penal Code;

   (C) criminal mischief under §28.03, Penal Code;

   (D) personal hazing under §37.152; or

   (E) harassment under §42.07(a)(1), Penal Code, of a student or district employee.

– TEC, §37.007(c)

Certain Bullying Behavior

Engages in Bullying behavior if the student

(1) engages in bullying that encourages a student to commit or attempt to commit suicide;

(2) incites violence against a student through group bullying; or

(3) releases or threatens to release intimate visual material of a minor or a student who is 18 years of age or older without the student's consent.

 – TEC, §37.0052(b)

Marihuana Or THC 

Possesses, uses, or is under the influence of, or sells, gives, or delivers to another person marihuana, as defined by Section 481.002, Health and Safety Code, or tetrahydrocannabinol (THC), as defined by rule adopted under Section 481.003, Health and Safety Code – TEC, §37.006(a)(2)(C-1), §37.007(b)(2)(A)(i) 

Non-Felony Level Controlled Substance Or Dangerous Drug 

Sells, gives, delivers to another person, possesses, uses, or is under the influence of a controlled substance, as defined by Chapter 481, Health and Safety Code on a non-felony level – TEC, §37.006(a)(2)(C)(i), §37.007(b)(2)(A)(i)

Threatens Immediate Health and Safety of Other Students in Classroom

Threatens Immediate Health and Safety of Other Students in Classroom – TEC, §37.005(c)(2)

Documented Repeated or Significant Disruption to the Classroom

Documented Repeated or Significant Disruption to the Classroom – TEC, §37.005(c)(3)

Possesses or Uses E-Cigarette

Possesses or Uses E-Cigarette – TEC, §37.001(a)(2), TEC, §37.006(d)(1)(C)

Sells, Gives, or Delivers E-Cigarettes

Sells, gives, or delivers to another person an E-Cigarette as defined by §161.081, Health and Safety Code (includes all electronic vaping devices) – TEC, §37.006(a)(2)(C-2)

Disorderly Conduct Involving a Firearm

Disorderly Conduct Involving a Firearm – TEC, §37.006(c)(1)(D)

Disruptive Activities

Disruptive Activities under TEC, §37.123 – TEC, §37.006(d)(1)(A)

Intentional and Repeated Disruption of Classes

Disruption of Classes under TEC, §37.124 – TEC, §37.006(d)(1)(B), TEC, §37.006(d-1)

Kidnapping

Kidnapping under Penal Code, §20.03 – TEC, §37.007(a)(2)(E)

Exhibits, Uses, or Threatens to Exhibit or Use a Firearm

Exhibits, Uses, or Threatens to Exhibit or Use a Firearm under TEC, §37.125 – TEC, §37.007(a)(5)

Retaliation Against School Employee or Volunteer

Engages in conduct that contains the elements of the offense of Retaliation under §36.06, Penal Code, against any school employee or volunteer, TEC, §37.006(b)

Harassment Against An Employee or Volunteer Of A School District

Engages in conduct that contains the elements of the offense of Harassment Against An Employee or Volunteer Of The School District TEC, §37.006(b)

Burglary/Robbery, Aggravated Robbery

Engages in conduct that contains the elements of the offense of Burglary/Robbery, Aggravated Robbery under Penal Code, §29.03 – TEC, §37.007(a)(2)(F)