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HomeMy WebLinkAbout10-3-22 TC BOT Agenda Packet TOWN OF WESTLAKE TOWN COUNCIL/WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING AGENDA 1500SOLANABLVD,BUILDING7,SUITE7100,COUNCILCHAMBER WESTLAKE, TX 76262 October 3, 2022 3:00 P.M. CLOSED SESSION 4:00 P.M. WORK SESSION 5:00 P.M. REGULAR MEETING The Town Council of the Town of Westlake serves as the governing Board for Westlake Academy. This agenda may contain both municipal and Westlake Academy items, which will be clearly identified. The open portion of the meeting will begin at 4:00 p.m. for Work Session and 5:00 p.m. for Regular Session on October 3, 2022. In an effort of transparency, this meeting will be viewable to the public via Live Stream and also available for viewing after the meeting. In an effort of meeting efficiency, any residents wishing to speak on action items must submit a speaker request form to the Town Secretary. CLOSED EXECUTIVE SESSION (3:00 P.M.) 1. Call to order and announce closed session item(s). 2. The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager WORK SESSION – (4:00 P.M.) 3. Presentation and Discussion for Westlake Academy and Municipal facilities REGULAR MEETING – Call to Order (5:00 P.M.) 4. PLEDGE OF ALLEGIANCE 5. CITIZEN/PARENT COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter, whether or not it is posted on the agenda. Any residents wishing to speak on action items must submit a speaker request form to the Town Secretary. (Best practice is to submit the speaker form prior to the start of the meeting.) If your questions are satisfied, you may choose not to speak. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if TC/BOTAgenda–10/03/2022 Page 1 of 3 the item is posted as a Public Hearing. The Town Council and Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council and Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 6. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations, or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 7. CONSENT AGENDA: All items listed below are considered routine by the Town Council and/or Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Council/Board Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the Joint Town Council/Board of Trustees meeting minutes from the following meetings: September 26, 2022 Regular Meeting b. Consider approving Resolution 22-66 authorizing the Acting Town Manager to purchase new replacement portable radios from Motorola Solutions for the Fire Department, in an amount not to exceed $110,481; and take appropriate action 8. REPORTS: Reports are prepared for informational purposes and will be accepted as (there will be no presentations associated with the report items) There will be no separate presented. discussion unless a Town Council Member requests that report be removed and considered separately a. Westlake Academy Enrollment Demographics b. Standardized Testing Data Report REGULAR AGENDA ITEM(S) 9. Presentation and discussion of action plans for PYP Mathematics and English Language Arts in a IB continuum World School 10. Presentation and discussion of Secondary Math and Reading Initiatives 11. Presentation and discussion of a proposed amendment to the Westlake Academy Social Media Policy 12. Presentation and discussion of a proposed amendment to the Westlake Academy Student Code of Conduct TC/BOTAgenda–10/03/2022 Page 2 of 3 TOWN COUNCIL AGENDA ITEM Workshop - Discussion Item Monday, October 03, 2022 TOPIC: Presentation and Discussion of Westlake Academy facility update. STAFF: Troy Meyer, Assistant Town Manager STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Education - Westlake is Informed & Engaged Improve Technology, People, Facilities, & an international educational leader Citizens / Sense of Facilities & Technology where each individual's potential is Community Equipment maximized. SUMMARY The Westlake Academy campus openedin 2003 with 55,000 sq. ft. in three buildings on 21 acres. The Sam & Margarete Lee Arts and Sciences Center was the first expansion project completed in 2010 which added 8,500 sq. ft. with two labs, one art room, office space and meeting space. In 2011, three portable buildings (4,200 sq. ft.) with 6 classrooms were added to the campus. In 2012 Bennett Partners was hired to create a Facilities Master Plan for the Westlake Academy that would look at growth options within the 24 acres campus and off-site properties. This final plan was approved by Town Council in December 2012. In 2013, the Town Council approved the Westlake Academy Expansion Phase One of the approved master plan which included the Fieldhouse, Secondary Building, and Multi-Purpose Hall. This Phase One project was completed in 2014 and added 38,000 sq. ft. Also, in 2013 three additional portables were added to the campus totaling six portable buildings with 12 classrooms and 8,400 sq. ft. The WA Campus Facility Master Plan was discussed as to the possibility of funding an update to this Plan at the Budget Retreat with Council during preparation of the FY17-18 Budget. No funding was included in the FY 17-18 Budget to retain professional services to update this six- year-old plan. Further discussion was held at the Board of Trustee’s May 7, 2018 workshop. At this May 7th BOT workshop, staff presented a memorandum which contained recommendations for moving forward on capital improvement planning. Page 1 of 5 Representatives from Stantec met with the Town Council at their September 24, 2018 workshop to share their thoughts on recommended steps to move our process forward as well as services they provide to clients to that end. In October of 2018, Town Council approved an agreement with Stantec to moveforward with a Capital Improvement Plan that would include the following: Define “immediate need” to identify WA capital project(s) that might be recommended to address that immediate need. Begin to address medium and long-range projects via a process that considers medium and long-range facility planning within the context of both reviewing the existing Campus Facility Master Plan and any effort to re-visit and update that Plan. Create an intersection and reconciliation of any identified immediate need capital project with the Campus Facility Plan, either in its current form or as it may be revised through an update process. Stantec proposed over $48M in improvements to the campus and structure parking. Due to Stantec staff turnover and lack of understanding of Town financial goals and enrollment predictions for primary boundary residents, the Stantec Master Plan recommendations were not approved. In 2019, Staff hired Bennett Partners, the original architect on the project, to provide architectural services to complete a facility analysis of the WA Campus which include the following: Space utilization in all buildings Future building and sports field locations Arts & Sciences Center Expansion Parking At the June 2021 Town Council retreat, Bennet Partners and Town Staff presented an in depth analysis of the following: Growth of Westlake Academy Facility Analysis by Bennett Partners Two options for the A&S Expansion Cost summary- two options for the A& S expansion, three story Secondary School and PYP addition Data Review for enrollment by neighborhood and Primary and Secondary Programmers at the Academy A brief Vision/Mission review and a presentation on the tenants of an IB Education At the February 28, 2022, Town Council meeting the staff presented the following options: Facility capacity analysis Options to add to existing buildings Options to remove and/or replace older portables with classrooms, storage, and flex space Arts & Sciences expansion and the potential impact on portable buildings Enrollment numbers for students Sports Package Updating the gym and fieldhouse Page 2 of 5 Updating sports fields Funded by donor Funding sources for these projects include the following: WA capital improvement fund A&S restricted fund Opportunity for the Westlake Academy Foundation to create a capital campaign Private donors Bond issuance that would require voter approval Town Council directionfrom the February 28, 2022,includedthe following whichwas presented on April 4, 2022 Council meeting: Building cost estimate and renderings for a three-story addition to the Arts & Sciences building Building cost estimate and renderings for a two-story addition with a total of 10 general use classrooms, two arts, three science labs and administration offices to the Arts & Sciences building Move forward with the remodeling of the gym and fieldhouseproject 100% funded by the Colby Family Resolution to accept the Colby Family phase I donation of $500,000 to be used exclusively for the Westlake Academy sports facilities improvement. Phase one cost estimate and renderingswill be presented at the April 4, 2022, Town Council meeting. On August 8 the Town Council approved an agreement with Bennet Partners to provide programming and schematic design service for the Westlake Academy expansion of the Sam & Margarete Lee Arts and Sciences Center. There were two program meetingsheld on June thth 6, and September 13 with teachers, principals and town staff. BP also held meeting at the A&S building with the science teacher to look at current lab spaces. Current funds available through Municipal Economic Development Agreement Fund Current balance - $3.7 and A&S donations - restricted Funds $2.9M for a total of $6.6M. Gym Remodeling Project In December of 2021, the Westlake Academy Athletic Director contacted Town staff to announce the Westlake Academy Athletic Club (WAAC) was working with the Colby family to receive a donation to improve the campus sports facilities. The use of funds is restricted to the following: architect firm, engineering firm, construction costs and new equipment exclusively for the Gym, Fieldhouse, and two sports facilities improvements. The program committee for the remodeling of the Gym includes, the architect firm, Athletic Director, donor, Assistant Town Manager, and one WAAC member to select equipment and products for the remodeling project. A Construction Manager-at-Risk (CMR) proposal will be presented to the Town Council for consideration. The CMR will take the project out to bid to get the final cost of the project. After reviewing all bids and confirmed pricing, the Assistant Town Manger will review with the program’s teams and Town Council on the total cost of the project. An estimated timeline and completion phases of the project is provided for reference below: Page 3 of 5 Timeline February 2022 – Present conceptual drawings and first round of price estimates to donor March -Present conceptual drawings to the Town Council for consideration April 25, 2022 - Town Council to accept the grant commitment from the Athletic Club (WAAC). April 25, 2022 – Town staff will recommend approval of the architect, Bennet Partners, programing agreement to remodel the WA gym and fieldhouse with acceptance of the granted from the WAAC. June 21- Town Council approved the Town manager to enter negotiations with Glen Partners for architectural June and September-Staff met with the program team to review and confirm scope of project. September 15 - Second round of cost estimates presented to the program teamand gave the approval to move forward with the project. On July 1, 2022, the WAAC approved a grant for $24,900.00 for architectural planning of improvements to the gymnasium with Glenn Partners ($20,000.00) and the sport field study completed by Bennett Partners ($4,900.00). These restricted grant funds are for planning interior gym improvements including: the student locker rooms and restrooms including furnishings and fixtures, organization for athletic equipment storage in the gym, improved scoreboard and audio/visual equipment, lighting, court use optimization, concessions, and optimized seating for athletes and spectators. th On September 15Steele and Freemen presented the second round of cost estimates for the gym remodeling project to the program team. The estimate is $1,011,793.00. The team agreed to move forward with getting the Glenn Partners to create the construction document for the formal bid process. The next steps: Negotiating a Construction Manager-at-Risk (CMR) agreement CMR will postpublic bidnotices Program team review bids Receive finalprojectcontract costs Request grant from WAAC to cover 100% of theconstructioncost Present final costto Town Council for approval Town Council accept grant fundsfrom the WAAC Begin project - estimated completion August 2023 Town Lease In 2017 the Town offices moved from the Solana Plaza due to the increase in staff and level of service to our community. The new office space located at 1500 Solana Blvd., Bldg. 7 Suite 7200, increased our office space from 13,000 Sq. Ft. to 20,000 Sq. Ft. which included the Town Council Chambers/Courtroom, office space, and storage. The 10-yearlease included adding an amenity center to building 7 with a fitness center, conference spaces, coffee bar and dining area for all tenants in the Terrace location. Other improvements included landscaping, parking area and outdoor seating areas. In 2021 all these improvements were completed. Page 4 of 5 The lease began on June 1, 2017, with a base lease rate of $16.00 for the first year with an annual increase of $.50 per year plus operating expenses estimated at $8.00 Rental Square Feet (RSF) and estimated electricity at $2.10/RSF. The current lease expiration is May 2028. Staff is working with the landlord on a 5- and 10-yearrenewal lease for current space and expanding the current space by 3,284 RSF. Staff will provide a detailed chart on future lease rates on October rd 3 . COUNCILACTION/OPTIONS Direction to staff on building options for the Westlake Academy Campus. Direction to staff to move forward with the gym remodeling project. Direction to staff on Town Hall lease, five- or ten-year renewal option. STAFF RECOMMENDATION Staff recommendation is to continue with the gym remodeling project on the Westlake Academy Campus. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: Contributions/Grants Contract: No Forms: N/A Service Levels: DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Town of Westlake: N/A. Comprehensive Plan: N/A. Cost Recovery Analysis: N/A. Traffic Impact: N/A. ATTACHMENTS Page 5 of 5 Town Council Meeting Monday, October 3, 2022; 5:00 pm Town Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 Council/Board Coffee & Conversation Tuesday, October 4, 2022; 8-9:30 am Sip Stir Coffee, Westlake of Trustees World Teacher’s Day Wednesday, October 5, 2022 Fall Concert #2: Vocal Trash Item # 6–Items of Thursday, October 6, 2022; 6:30-8:00 pm Community Interest 1300 Solana Blvd, Westlake Fall Cleanup Saturday, October 8, 2022; 9-11 am 1600 Solana Blvd, Westlake Planning & Zoning Meeting Monday, October 10, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 Metroport Chamber Luncheon Wednesday, October 12, 2022; 11 am-1 pm Texas Motor Speedway Westlake Classic Car Show Saturday, October 15, 2022; 11-4 pm 1600 Solana Blvd, Westlake Fall Concert #3: Windy City Thursday, October 20, 2022; 6:30-8:00 pm 1300 Solana Blvd, Westlake Monster Mash Saturday, October 22, 2022; 5-7:30 pm Westlake Academy Fieldhouse and portables Town Council Meeting Monday, October 24, 2022; 5:00 pm Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 Community Blood Drive Saturday, October 29, 2022; 9 am- 3 pm Westlake Fire-EMS Station TOWN OF WESTLAKE TOWN COUNCIL/WESTLAKE ACADEMY BOARD OF TRUSTEES MEETING AGENDA 1500SOLANABLVD,BUILDING7,SUITE7100,COUNCILCHAMBER WESTLAKE, TX 76262 September 26, 2022 3:00 P.M. CLOSED EXECUTIVE SESSION 4:00 P.M. WORK SESSION 5:00 P.M. REGULAR MEETING The Town Council of the Town of Westlake serves as the governing Board for Westlake Academy. This agenda may contain both municipal and Westlake Academy items, which will be clearly identified. The open portion of the meeting will begin at 4:00 p.m. for Work Session and 5:00 p.m. for Regular Session on September 26, 2022. In an effort of transparency, this meeting will be viewable to the public via Live Stream and also available for viewing after the meeting. In an effort of meeting efficiency, any residents wishing to speak on action items must submit a speaker request form to the Town Secretary. CLOSED EXECUTIVE SESSION (3:00 P.M.) 1. Call to order and announce closed session item(s). 2. The Town Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: - Town Manager WORK SESSION – Call to Order (4:00 P.M.) 3. Discuss and receive a presentation from Michael Beaty regarding Entrada TC/BOTAgenda–09/26/2022 Page 1 of 6 REGULAR MEETING – Call to Order (5:00 P.M.) 4. PLEDGE OF ALLEGIANCE 5. CITIZEN/PARENT COMMENTS: This is an opportunity for citizens to address the Town Council or Board of Trustees on any matter, whether or not it is posted on the agenda. Any residents wishing to speak on action items must submit a speaker request form to the Town Secretary. (Best practice is to submit the speaker form prior to the start of the meeting.) If your questions are satisfied, you may choose not to speak. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. The Town Council and Board of Trustees cannot by law take action nor have any discussion or deliberations on any presentation made at this time concerning an item not listed on the agenda. The Town Council and Board of Trustees will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations, or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 6. CONSENT AGENDA: All items listed below are considered routine by the Town Council and/or Board of Trustees and will be enacted with one motion. There will be no separate discussion of items unless a Council/Board Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the Joint Town Council/Board of Trustees meeting minutes from the following meetings: September 12, 2022 Regular Meeting b. Consider approving WA Resolution 22-22 approving an amended Westlake Academy Mission Statement TC/BOTAgenda–09/26/2022 Page 2 of 6 7. REPORTS: Reports are prepared for informational purposes and will be accepted as (there will be no presentations associated with the report items) There will be no separate presented. discussion unless a Town Council Member requests that report be removed and considered separately a. Receive a third quarter Town of Westlake financial and investment report REGULAR AGENDA ITEM(S) (Item13 was discussed first) 8. Presentation and Discussion regarding the Public Art Competition Committee Mr. Robin McCafreyprovided a presentation on the Westlake Public Art Program. 9. Consider approving Resolution 22-63 approving the 2023 Town Council Board of Trustee meeting calendar; and take appropriate action 10. Consider adopting Ordinance 954 amending Chapter 26, Article II, Division 1, Section 67 for the Planning and Zoning Commission by expanding the Commission from 5 to 7 regular voting members and eliminating alternate Commission positions and authorizing the Mayor toappoint the Chair and Vice Chair of the Commission; and take appropriate action TC/BOTAgenda–09/26/2022 Page 3 of 6 11. Consider adopting Ordinance 953 amending Westlake Engineering Design Standards and Construction Drawings by revising Chapter 36, Article I to X of the Code of Ordinances; and take appropriate action 12. Consider approving Resolution 22-62 approving the Sam School Road Open Space Master Plan for Lot 17x, Block 3; and take appropriate action TC/BOTAgenda–09/26/2022 Page 4 of 6 13. Consider approving Resolution 22-64 approving the Entrada assignment of rights, covenants and obligations of the economic development program agreement and a development and subdivision improvement agreement, from Maguire Partners –Solana Land, L.P. to MRW Investors, LLC, and authorizing the Mayor to approve the assignment on behalf of the Town; and take appropriate action , owner of MRW and timing of when new ownership was acquired(7/21/22),the need to update ownership for public record, , 14. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 15. COUNCIL RECAP/STAFF DIRECTION. 16. FUTURE AGENDA ITEMS: These items have been discussed by Town Council and scheduled to be placed on future Council Agendas allowing for adequate time for staff preparation on the agenda item. Future Agenda Items to be discussed: • Discuss a Community Engagement Committee (Dasgupta) TBD TC/BOTAgenda–09/26/2022 Page 5 of 6 17. ADJOURNMENT – Mayor Kilbride declared the meeting adjourned at 7:22 p.m. Signed by: Sean Kilbride, Mayor and President Board of Trustees Attested by: Amy M. Piukana, Town Secretary TC/BOTAgenda–09/26/2022 Page 6 of 6 TOWN COUNCIL AGENDA ITEM Regular Meeting - Consent Monday, October 03, 2022 TOPIC: Consider a resolution authorizing the Acting Town Manager to purchase new replacement Fire Department portable radios from Motorola Solutions in the amount of $110,481 through HGAC Quote-1873829. STAFF: Richard Whitten, Fire Chief STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Service & Governance - We set the standard by delivering Improve Technology, Planned / Responsible People, Facilities, & unparalleled municipal and Facilities & Development Technology educational services at the lowest Equipment cost. SUMMARY The Town of Westlake Fire – EMS Department must communicate with dispatchers and unit to unit during emergencies. Having quality communication capabilities is essential to protecting and preserving public health, safety, and property. In addition, the Town of Westlake Fire – EMS Department is part of the NETCO radio consortium communication network group and committed to this infrastructure in providing public safety. The existing portable radios have reached the end of their life span and will no longer be serviceable for repairs and maintenance. The new portable radios have a 15–20-year life span. The Quote from Motorola Solutions is an HGAC quote (HGAC-RA05-21) which satisfies the formal bid process; and extended additional discounted pricing as a primary user on NTIRN (044A) system per Fort Worth contract #50054. This expenditure is included in the Adopted FY 22/23 Municipal Budget. COUNCILACTION/OPTIONS Approve the proposed Resolution Reject the proposed Resolution Page 1 of 2 STAFF RECOMMENDATION Staff is recommending the approval to purchase portable radios to replace existing portables. FISCAL/SERVICE LEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: $110.480.58 Funding Source: General Fund Contract: Yes Forms: Forms 1295 & 2270 Service Levels:To maintain the current service level. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:N/A Comprehensive Plan: N/A Cost RecoveryAnalysis: N/A Traffic Impact: N/A ATTACHMENTS Resolution Exhibit A Quote Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 22-66 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE ACTING TOWN MANAGER TO PURCHASE NEW REPLACEMENT PORTABLE RADIOS FOR FIRE DEPARTMENT FROM MOTOROLA SOLUTIONS; AND AUTHORIZING EXPENDITURES FOR THE COMPLETION OF SAID ACQUISITION. WHEREAS, the Town of Westlake Fire – EMS Department must utilize radios for communications with NETCOM Dispatch and unit to unit during emergencies; and, WHEREAS, based on the scope of emergency services provided, the Town of Westlake Fire – EMS Department must maintain the radio communications equipment to provide said services; and, WHEREAS, the Town Council finds and concludes that maintaining reliable emergency communications equipment and all associated equipment is necessary to protect and preserve the public health, safety, and property of the Town limits; and, WHEREAS, by entering into an agreement with Motorola Solutions through HGAC, a cooperative purchasing program that satisfies the formal bid process; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2:That the Town of Westlake Town Council does hereby approve the proposed quote from Motorola Solutions, attached as Exhibit “A”. SECTION 3: That the Acting Town Manager, or his designee, is authorized and directed to enter into an agreement for the acquisition of portable radios, and associated equipment, in an amount not to exceed $110,481. Any actions previously taken by the Acting Town Manager in the undertaking of this project are hereby ratified and approved. SECTION 4:If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 22-66 Page 1 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. rd PASSED AND APPROVED ON THIS3DAY OF OCTOBER2022. ___________________________________ Sean Kilbride, Mayor ATTEST: ___________________________________________________________________ Amy M. Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ________________________________ L. Stanton Lowry, Town Attorney Resolution 22-66 Page 2 of 2 € € € € )difdl!bqqmjdbcmf* Casey C. MooreMay 19, 1975 boe!nz!ebuf!pg!cjsui!jt!```````````````````````/ 321 Stansbury Dr.KellerTX76248USA !```````-!``````````````-!`````````/ )tusffu*)djuz*)tubuf*){jq!dpef*)dpvousz* TarrantTexas23Sept.22 Tubuf!pg!````````````````-!po!uif!`````ebz!pg!```````````-!31`````/ )npoui*)zfbs* )Efdmbsbou* VERIFICATIONREQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002 By signing below, hereby verifies : oes not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearmtrade association; and ill not discriminate during the term of the contract against a firearmentity or firearm trade association. : Casey C. Moore : Motorola Solutions, Inc. : 09-23-2022 : The following definitions apply to this state statute: "Ammunition" means a loaded cartridge case, primer, bullet, or propellant powder with a projectile; "Company" means a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit; (3)"Discriminate against a firearm entity or firearm trade association": (A)means, with respect to the entity or association, to: (i)refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii)refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii)terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; and (B)does not include: (i)the established policies of a merchant, retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories; and (ii)a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship: (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency; or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association; (4)"Firearm" means a weapon that expels a projectile by the action of explosive or expanding gases; (5)"Firearm accessory" means a device specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual oron a conveyance and an item used in conjunction with or mounted on a firearm that is not essential to the basic function of the firearm. The term includes a detachable firearm magazine; (6)"Firearm entity" means: (A)a firearm, firearm accessory, or ammunition manufacturer, distributor, wholesaler, supplier, or retailer; and (B)a sport shooting range as defined by Section 250.001, Local Government Code; (7)"Firearm trade association" means any person, corporation, unincorporated association, federation, business league, or business organization that: (A)is not organized or operated for profit and for which none of its net earnings inures to the benefit of any private shareholder or individual; (B)has two or more firearm entities as members; and (C)is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code. VERIFICATIONREQUIRED BY TEXAS GOVERNMENT CODE SECTION 2274.002 oes not boycott energy companies; and ill not boycott energy companies during the term of the contract. P: Casey C. Moore : Motorola Solutions, Inc. : 09-23-2022 : The following definitions apply to this state statute: (1)"Boycott energy company" means without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize,inflicteconomicharmon,orlimitcommercialrelationswithacompanybecausethe company: (A)engagesintheexploration,production,utilization,transportation,sale,or manufacturingoffossilfuel-basedenergyanddoesnotcommitorpledgetomeetenvironmental standardsbeyondapplicablefederalandstatelaw;or(B) doesbusinesswithacompanydescribed by Paragraph (A); and (2)"Company" means a for-profit organization, association, corporation, partnership, jointventure,limitedpartnership,limitedliabilitypartnership,orlimitedliabilitycompany, includingawhollyownedsubsidiary,majority-ownedsubsidiary,parentcompany,oraffiliateof those entities or business associations that exists to make a profit. BOARD OF TRUSTEESAGENDA ITEM Regular Meeting -Discussion Item Monday, October 03, 2022 TOPIC:Standardized Testing Data STAFF:Carl A. Tippen, College Counselor STRATEGIC ALIGNMENT Outcome Vision, Value, MissionPerspectiveCurriculum Objective Academic Optimize Student Academic ExcellenceMYP / DP OperationsPotential SUMMARY This reportshows testing data for Westlake Academy students who have taken College Board standardized tests (PSAT & SAT) and the ACT over the past six years. Thedata compiled shows that Westlake Academy students have consistently outperformed state of Texas studentsoverthe th past several years. Regarding the PSAT/NMSQT exam, in which 11grade students take for the Naitonal Merit scholarship competition, we have had only one or two National Merit Finalist during the past six years and a range of one to eleven National Merit Commended studentsduring that same time. COUNCILACTION/OPTIONS This presentationdoes not require Board of Trustee action. STAFFRECOMMENDATION This presentation does not require Board of Trustee action. FISCAL/SERVICELEVELIMPACT TO COMMUNITY Page 1of 2 Project Cost/Funding Amount: None Funding Source: N/A Contract: No Forms: N/A Service Levels:This is not a project. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:This is not a project. Comprehensive Plan: This not a project. Cost Recovery Analysis:N/A Traffic Impact: There is no traffic impact. ATTACHMENTS Standardized Testing Data Powerpoint Page 2 of 2 grade students graders sit for PSAT Spring 2020 to present and 11 – Consistently low numbers of National Merit Finalists Covid/college admission requirements significantly reduced the number of test takers PSAT Math scores for 10lower due to lack of knowledge of Algebra 2 at the time of testAll 10 to long - School life minded, - . students world Continuum IB empowers internationally compassionate, an an that is interconnected become our to through Academy education WESTLAKE ACADEMY MISSION students Westlakewherelearnersbalancedcontribute BOARD OF TRUSTEES AGENDA ITEM Choose an item. Monday, October 03, 2022 TOPIC: Presentation and discussion of action plans and opportunities for growth in the area of PYP Mathematics and English Language Arts. Clarification of the support structures and systems for the teaching and learning of mathematics in a IB continuum World School. STAFF: Rod Harding, Primary Principal STRATEGIC ALIGNMENT Outcome Vision, Value, Mission Perspective Curriculum Objective Westlake Academy is an IB continuum World School that fosters internationally minded education Academic Optimize Student which empowers Primary Years Programme Operations Potential students to contribute to the global community in compassionate and meaning ways SUMMARY The presentation and discussion focuses on the support stuctures to develop and enrich mathematics and the English Language Arts (ELA) curriculum for students and teachers within the PYP. The presentation highlights the success and challenges, as well as the practices required for a transdisciplinary program and authorization as an IB World School. In addition a cohort analysis of the upper primary years strands of mathematics and ELA will highlight the areas of improvement identified as opportunities for student growth and teacher instruction. Action plans will be presented based on the teaching of mathematical strands and the STAAR assessment results. Page 1 of 2 COUNCIL ACTION/OPTIONS Provide staff direction/feedback. STAFF RECOMMENDATION N/A FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: N/A Contract: Choose an item. Forms: Choose an item. Service Levels:Would this project increase our serice delivery costs? N/A DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:What impact, if any, would this have on WA? The action plans will be used to review vertical alignment of content and mathematical areas that are in need of improvement. Comprehensive Plan: Adhere to our comprehensieve plan – if yes, in what way?N/A Cost RecoveryAnalysis: Utilization of the cost recovery tool that R. McCaffrey put together N/A Traffic Impact: Any? Do we need this or tool this for development?N/A ATTACHMENTS Powerpoint presentation attached. Page 2 of 2 BOARD OF TRUSTEESAGENDA ITEM Regular Meeting -Discussion Item Monday, October 03, 2022 TOPIC:Math and Reading Initiatives STAFF:Maxwell Ituah, MYP Principal STRATEGIC ALIGNMENT Outcome Vision, Value, MissionPerspectiveCurriculum Objective Academic Optimize Student Academic ExcellenceMYP / DP OperationsPotential SUMMARY The presentation will outline the secondary (G6-12) mathand Englishdepartments initiatives for continued academic improvement. COUNCILACTION/OPTIONS This presentationdoes not require Board of Trustee action. STAFFRECOMMENDATION This presentation does not require Board of Trustee action. FISCAL/SERVICELEVELIMPACT TO COMMUNITY Project Cost/Funding Amount:None Funding Source:N/A Contract: No Forms:N/A Page 1of 2 Service Levels:Would this project increase our service delivery costs? This is not a project. DEVELOPMENT/MOBILITY IMPACT TO COMMUNITY Westlake Academy:What impact, if any, would this have on WA? This is not a project. Comprehensive Plan: Adhere to our comprehensiveplan –if yes, in what way? This is not a project. Cost Recovery Analysis:Utilization of the cost recovery tool that R. McCaffrey put together. This is not a project. Traffic Impact: Any? Do we need this or tool this for development? There is no traffic impact. ATTACHMENTS 2022-2023 Math and English Initiatives Page 2 of 2 BOARD OF TRUSTEESAGENDA ITEM Regular Meeting -Discussion Item Monday, October 03, 2022 TOPIC:Social MediaPolicy STAFF:Sean Wilson, Head of School STRATEGIC ALIGNMENT Outcome Vision, Value, MissionPerspectiveCurriculum Objective Improve the People, Respect for Self and Efficiences of Facilities, & PYP / MYP / DP Others Operational Technology Systems SUMMARY WA social media policy intends to guide all users of the proper and appropriate use of social media. The expectations outlined in the policy guides employees in appropriate ways to engage in social media activity, espeiclly as ambassadors of the Town of Westlake and Westlake Academy. COUNCILACTION/OPTIONS Review anti-bullying language. STAFFRECOMMENDATION Review the additional language added to the policy in alignment with the prohibition of bullying and expectation of positive actions of all members of the Town of Westlake and Westlake Academy employee, students, volunteers, etc. Adopt Social Media policyat the next board meeting. Page 1of 2 FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: None Funding Source: N/A Contract: No Forms: N/A Service Levels:Would this project increase our serice delivery costs? This is not a project. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:What impact, if any, would this have on WA? This document will alter the way in which disciplinary actions at the Academy are Comprehensive Plan: Adhere to our comprehensieve plan – if yes, in what way? This is not a project. Cost Recovery Analysis: Utilization of the cost recovery tool that R. McCaffrey put together. This is not a project. Traffic Impact: Any? Do we need this or tool this for development? There is no traffic impact. ATTACHMENTS Updated Social Media Policy Page 2 of 2 BOT Attachment A – 2022-0912 TOWN OF WESTLAKE WESTLAKE ACADEMY BOARDOFTRUSTEESPOLICY PolicyNo.3.??: DateBoardAdopted: TBD DateBoardAmended: EffectiveDate: TBD PolicyCategory: Parent,StudentandFacultyRelationsand Expectations PolicyName:Social MediaPolicy PolicyGoal: Creationof a supportiveandsafelearningenvironment 1.Policy Description: Westlake Academy (WA) policy and procedures are designed to promote a safe and productive learning environment.WAencourages the use of social media to connect with others, including students, employees, alumni, fans, and the community. Social media sites are excellent venues to communicate and encourage engagingdiscussions aboutWAcurrent events, accolades, organizations, and people. This policy defines the rules and procedures for the use of Official WA Social Media Sites to ensure that WA sponsored social media is both legal and in compliance with WA policies. 2.Policy 2.1All Official WASocial Media Sites must adhere to state and federal laws and regulations, and WApolicies. Only public information may be posted on Official WASocial Media Sites. Official WASocial Media Sites must not contain sensitive personal information as defined in Texas Business and Commerce Code Chapter 521, or other confidential information as defined by the Family Educational Rights and Privacy Act (FERPA), and Health Insurance Portability and Accountability Act (HIPAA), as applicable. Any sensitive personal information or other confidential information posted on an Official WASocial Media Site must be removed by the site administrator as soon as practically possible upon discovery. 2.2WAis committed to fostering an educational environment that allows for freedoms of speech and expression in accordance with the First Amendment to the U.S. Constitution. However, WAwill not tolerate any activity or posting on an Official WASocial Media Site that loses First Amendment protection such as any unlawful, defamatory, orobscene (as defined by Texas and federal law) activity or posting. WAreserves the right to remove any such posting without notice. WAalso reserves the right to refer social media activity to the applicable social media platform and/or appropriate authorities for appropriate action. BOT Attachment A – 2022-0912 2.3All Official WASocial Media Sites must respect intellectual property rights, federal Copyright law and WApolicies. 2.4Employee Use – When using social media as a part of their official duties, and/or when presenting oneself insocial media settings as a WA representative, employees must comply with applicable WApolicies governing employee behavior and acceptable use of electronic and information resources. 2.5Primary administrative rights for Official WASocial Media Sites will be assigned only to WAemployees. Official WASocial Media Sites will have a minimum of two administrators to ensure that the site is consistently managed. Should one administrator be unavailable, the second assigned administrator will manage the site. At least one of the two administrators should be a permanent WAemployee. 2.6All content on Official WASocial Media Sites must comply with 1 TAC 206 and 1 TAC 213 to ensure that the information is accessible and usable by people with the widest range of capabilities possible. Accessibility requirements apply to the content on the social media tool, not thefeatures of the tool. Therefore, if the Official WASocial Media Site does not use an inaccessible feature, it is not in violation of accessibility requirements. It is the responsibility of the Official WASocial Media Site administrator to ensure social media content is fully accessible. 2.7All WASocial media sites must comply with allapproved applicable WA branding standards. 2.8Records Retention – Content posted by WAor the public on an Official WA Social Media Site is a state record and is subject to the State of Texas Records Retention requirements unless it is content duplicated from another source or transitory information of temporary usefulness. WAsite administrators are responsible for ensuring compliance with all applicable record retention requirements for content posted on their sites. 3.DEFINITIONS 3.1Social Media: A software system or service provided via the Internet used to communicate and share information between people through interactions with video, audio, text, or multimedia. Examples include, but are not limited to: Facebook, Twitter, Google Plus, Flickr, Pinterest, Tumblr, Instagram, LinkedIn, YouTube, and Wordpress and other similar services. 3.2Copyright: A form of intellectual property law protecting original works of authorship including literary, dramatic, musical, and artistic works. A copyright does not protect facts, ideas, systems, or methods of operation – only waythese objects may be expressed. 4.PROCEDURES BOT Attachment A – 2022-0912 4.1Branding for WASocial Media – For any OfficialWASocial Media Site, the social media icon and/or profile image must comply with any applicable WA branding standards. The social media icon and/or profile image can be a photograph related to the administrator’s entity, an approved logo for that entity,or another appropriately branded image. All images should be 72 dpi resolution for web. 4.2Content for WASocial Media (does not include photo policies) 4.2.1Administrators of the site, when in need to request authorization to hide or delete any material in violation of this policy, or to block a user from a site, should contact WA’s social media manager or webmaster, who will consult with the Office of the General Counsel. 4.2.2Administrators of an Official WASocial Media Site should not engage in personal activity under the guise of any Official WASocial Media Site. 4.2.3Only public information may be posted on Official WASocial Media Sites. Official WASocial Media Sites should not be used for the communication of business transactions, including credit card or payment information, educational records protected by FERPA, medical records protected by HIPAA, or any other confidential information. 4.2.4Social media content on an Official WASocial Media Site may sometimes include photographs, audio, and/or video. Site administrators are responsible for ensuring that social media content posted on the site is not infringing on the intellectual property rights of others. Intellectual property rights of content shared by the public will be governed by federal copyright law, the terms of service of the social media provider, and/or WApolicies. 4.2.5Administrators are encouraged to link to source material whenever possible. This activity will reduce the spread of misinformation and drive traffic. 4.2.6Administrators of WASocial Media Sites should adhere to the policies for the social media platforms in which they are participating. These policies are constantly changing, and it is the administrator’s duty to stay up to date. 4.2.7Utilization of the Town of Westlake and Westlake Academy social media is a privilege and shouldbehandled with care. 4.2.8All social media platforms used for the Town of Westlake and Westlake Academy must align with the Learner Profile Traits by being principled, caring, and knowledgeable. 4.2.9Bullying and negative behaviors are strictly prohibited. 4.3Photos for WASocial Media BOT Attachment A – 2022-0912 4.3.1If the administrator intends to publish a student photo on the site, in which thestudent can be recognized, then a signed photo release form from the student is needed. This form may be obtained from the registrar. 4.3.2When posting non-student photos, it is recommended that the administrator obtain written permission. This written permission can be accomplished in an e-mail or with the photo release form, as referenced in Section 4.3.1. 4.3.3Administrators will not share any restricted-use photos. BOARD OF TRUSTEESAGENDA ITEM Regular Meeting -Discussion Item Monday, October 03, 2022 TOPIC:Student Code of Conduct STAFF:Sean Wilson, Head of School STRATEGIC ALIGNMENT Outcome Vision, Value, MissionPerspectiveCurriculum Objective Maximizing Personal Citizen, Student Optimize Student PYP / MYP / DP Development & StakeholderPotential SUMMARY School operations must have established policies and protocol to operate at an effective and efficient level. In schools, the policies enacted and the ensuing protocols place responsibilities on students, teachers, administrators, parents, and the Board of Trustees. A student Code of Conduct enlists with relative specificity expectations for all stakeholders, ensuring student learningoccurs with the least amount of distractions, providing for a nurturing environment for all students, staff, visitors on the school’s campus. The attached is the first draft of the revised Student Code of Conduct. The first draft is intended 4 administrative, Board of Trustee, and internal staff review. The revised student code of conduct will aid in establishing some specific expectations for students as well as specific outcomes for any infractions that may be encountered while attending Westlake Academy. Thuogh this document is relatively extensive, it is not an exhaustive list of infractions upon which a student maybe discipline while engaged in education at Westlake Academy. The components of the student code of conduct include all three programs offered at Westlake Academy-Primary Years Programme (Gk-G6), Middle School (G6-G8), and High School (G9-G12). The intent is to ensure Page 1of 2 that disciplinary measures are age appropriate and reflect thelearner profile as implemented inthe programs at the Academy. The review of the student code of conduct is expected to occur over the next 60 days. During the review period, stakeholder input will be solicited to ensure the Student Code of Conduct mirrors the holistic, global educational experience expected at Westlake Academy. At the end of the 60 day review a final draft will be presented to the board of trustees for adoption. COUNCILACTION/OPTIONS This presentationdoes not require Board of Trustee actionat this time. STAFF RECOMMENDATION Review the document for alignment with Westlake Academy’s mission, vision, and values. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: None Funding Source: N/A Contract: No Forms: N/A Service Levels:Would this project increase our serice delivery costs? This is not a project. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:What impact, if any, would this have on WA? This document will alter the way in which disciplinary actions at the Academy are Comprehensive Plan: Adhere to our comprehensieve plan – if yes, in what way? This is not a project. Cost Recovery Analysis: Utilization of the cost recovery tool that R. McCaffrey put together. This is not a project. Traffic Impact: Any? Do we need this or tool this for development? There is no traffic impact. ATTACHMENTS No Attachment Page 2 of 2 STUDENT CODEOFCONDUCT DEVELOPMENTOFTHESTUDENTHANDBOOKANDCODEOFCONDUCT Each year Westlake Academy’s Student Handbook and Codeof Conduct is revised to better serve our parents and students, andis adopted by the Town of WestlakeBoard of Trustees. This handbook provides information to parents and students regarding school-relatedissues, standards of conduct, consequences of misconduct, and procedures foradministering discipline.Inaccordancewithstatelaw, this handbookwillbeposted onWestlake Academy’s website and will be available forreview at the office of the campus principal. Parents will be notified of any conduct violation thatmay result in a student beingsuspended, placed in aDAEP, or expelled from Westlake Academy. Because the Student Handbook and Codeof Conduc t is adopted by Westlake Academy’s Board of Trustees, it has the force of policy.Ifat any timethereis aconflict betweenthe StudentHandbook and CodeofConduct andstateorfederal law, state and federal law shall control.If at any time there is a conflict between the Student Handbook and Code of Conduct and Town of WestlakeBoard policy, the most recently adopted item will control. DISCIPLINEMANAGEMENTPLAN Westlake Academy’s “discipline management plan” known as the Student Handbook and Code of Conduct contains information, policies, andregulations on the rights and responsibilities of students and outlines student disciplinaryexpectations andconsequences.The StudentHandbookandCodeofConduct shallbepostedon Westlake Academy’s website for all students, parents, teachers, and administrators to review. Students and parents need to be familiar with the standards set out in the handbook, as well as campus and classroom rules. Annually, each student and parent shall sign astatement that they have received and read the Student Handbook and CodeofConduct andacknowledgetheresponsibilities outlined therein.Eachparent andstudentshould also be familiar with policies and procedures outlined in campus student handbooks/folders and campus discipline procedures. DISCIPLINEMANAGEMENTTECHNIQUES In general, discipline will be designed to improve conduct and to encourage students to adhere to their responsibilitiesasmembersofthe schoolcommunity.Disciplinaryactionwilldrawontheprofessionaljudgment of teachers and administrators and on a range of discipline management techniques, including restorative discipline practices, but will not include the aversive techniques prohibited by law. Discipline management techniques used when students violate the Student Handbook and Code of Conduct shall include, but not be limited to, the following: Verbal correction; Cooling-offtimeor“time-out”thatdoesnotconstituteanaversivetechnique; Seatingchangeswithintheclassroom; Rewardsordemerits; Counselingbyteachers,counselors,oradministrativepersonnel; Restitutionofdamages; Temporaryremovalfromclass; Parent-teacher conferences; Temporaryconfiscationofitems; Behavioralcontracts; Detention,includinglunchandbeforeandafterschool; Saturday school; Specialassignmentsorduties; Lossofprivileges; Exclusion from extra-curricular activities, such as participation in extracurricular activities, eligibility for seeking and holding honorary offices, or membership in schoolsponsored clubs 1 and organizations; Penaltiesidentifiedinindividualstudentorganizations’extracurricularstandardsofbehavior; GradepenaltiesaspermittedbyBoardpolicy; Withdrawalorrestrictionofbusprivileges; RequiredParentMeeting(RPM); Transfertoadifferentclassroomorcampus; In-school suspension; Out-of-school suspension; RemovaltoaDisciplinaryAlternativeEducationProgram(DAEP); ExpulsiontoaJuvenileJusticeAlternativeEducationProgram(JJAEP);and/or Referraltolawenforcementforcriminalprosecution,inadditiontoschool disciplinary consequences. Restorativejustice. Teencourt. Peermentoring. Traininginconflictmanagement. Otherstrategiesandconsequencesasdeterminedbyschoolofficials. An aversive technique is a technique or intervention that is intended to reduce the likelihood of a behavior reoccurringbyintentionallyinflictingonastudentsignificantphysicaloremotionaldiscomfortor pain. Theterm includes a technique or intervention that: 1.Isdesignedtoorlikelytocausephysicalpain,otherthancorporalpunishment; 2.Isdesigned toorlikelytocause physicalpain throughtheuse ofelectricshockoranyprocedurethat involves the use of pressure points or joint locks; 3.Involvesthedirectedrelease of anoxious,toxic, orotherwise unpleasantspray,mist,orsubstance near the student’s face; Deniesadequatesleep,air,food,water,shelter, bedding,physicalcomfort,supervision,oraccesstoa 4. restroom facility; 5.Ridicules ordemeansthestudentinamanner thatadversely affectsorendangersthelearningor mental health of the student or constitutes verbal abuse; 6.Employsadevice,material,orobjectthatsimultaneouslyimmobilizesallfour extremities,including any procedure that results in such immobilization known as prone or supine floor restraint; Impairs the student’s breathing, including any procedure that involves applying pressure to the 7. student’storsoor neck,orobstructingthestudent’sairway,includingplacinganobjectin,on,orover the student’s mouth or nose or placing a bag, cover, or mask over the student’s face; 8.Restrictsthestudent’scirculation; Securesthestudenttoastationaryobjectwhilethestudentisinasittingorstandingposition; 9. Inhibits,reduces,orhindersthestudent’sabilitytocommunicate; 10. 11.Involvestheuseofachemicalrestraint; 12.Constitutesa useoftimeoutthatprecludesthestudentfrombeingable tobeinvolvedin andprogress appropriately in the required curriculum and, if applicable, toward the annual goals included in the student’s individualized education program, including isolating the student by the use of physical barriers;or 13.Deprivesthestudentoftheuseofoneormore of thestudent’ssenses,exceptthistechniquemaybe usedif the technique is executed in amanner that does notcause the student pain or discomfort or complies with the student’s individualized education program or behavior intervention plan. A Westlake Academyemployee or volunteer, oran independent contractor of aschool Westlake Academymay not apply an aversive technique, or by authorization, order, or consent, cause an aversive technique to be applied, toastudent.Theprohibitionofthe useofaversivetechniquesdoesnotprohibitateacherfromsending a student to theAssistant Principal’s office in order to maintain effective discipline in the classroom. TEC 37.0023 2 Westlake Academy’s discipline management plan utilizes all discipline management techniques allowed under Texas law, otherthancorporalpunishment.Astudentwith anIndividualEducationPlan(IEP) oraccommodation plan will have his/her specialized need addressed in the area of discipline. Appropriate discipline management techniques may be included within the IEP or accommodation plan. In most instances, the discipline management techniques supplement the Student Handbook and Code of Conduct. DISCIPLINEAUTHORITY The Assistant Principalis a campus administrator designated by the ProgrammePrincipal who will be responsible for overseeing disciplinary concerns on the campus. In conformance with Westlake Academypolicy, Programme Principals and Assistant Principals shall be responsible for establishing school rules and regulations that will ensureasafeeducationalprogramfreefromdisruptionforallstudentsandforenforcingconsistentlyandfairly all discipline policies and school rules and regulations regarding discipline. DISCIPLINEMANGEMENTTRAINING Each principal shall be responsible for providing discipline management professional developmenttraining for campus staff, includingtheAssistant Principal.Thetrainingmustincludea reviewofWestlake Academy’s Student Handbook and Code of Conduct, as well as a review of any campusbased discipline strategies or techniques. DISCIPLINERECORDS Campus administrators will maintain discipline records on each student that are separate from the student's permanentrecordfile.Disciplinerecords remainactiveforthecurrentschoolyear.Attheendoftheschoolyear, theserecords arestoredfor theperiodoftimespecifiedinWestlake Academy's recordsretentionschedulebefore being destroyed. Students start each year with a clean discipline record, except for those assigned disciplinary consequences extending beyond the end of the previous school year. However, a student’s disciplinary history remains available to campusadministrators to review and consider, in certain circumstances, such as assessing disciplinary consequences for a new violation of the Student Handbook and Code of Conduct. GUIDELINESFORASSESSINGDISCIPLINARYCONSEQUENCES Students who violate Westlake Academy’s Student Handbook and Code of Conduc t shall be subject to disciplinary action. Westlake Academy’s disciplinary options include using one or more discipline management techniques.When imposing discipline, Westlake Academypersonnel shall adhere to the following general guidelines: 1.Nostudentshallbesubjectedtocorporalpunishmentofanykind.Corporal punishmentis not permitted by Town of Westlakepolicy. 2.Disciplineshallbeadministered, whennecessary,toprotectstudents,schoolemployees, orproperty and to maintain essential order and discipline. Studentsshallbetreatedfairlyandequitably.Teachersandadministratorshaveavarietyofdiscipline 3. consequences available.Consequencesshall be basedonacareful assessmentofthecircumstances of each case. Factors to consider shall include thefollowing: a.Seriousnessoftheoffense; b.Student’sageandgradelevel; c.Frequencyofmisconduct; d.Student’sattitude; e.Intentorlackofintentatthetimethestudentengagedintheconduct; f.Sell-Defense. Depending on all of the relevant circumstances, a student who acts in self--- defense may still besubjecttoanappropriate discipline consequence; g.Potentialeffectofthemisconductontheschoolenvironment; Degreeofseverityandriskofdanger; h. i.Student’sdisciplinaryhistory; Disabilitythatsubstantiallyimpairsthestudent’scapacitytoappreciatethe wrongfulness of j. the student’s conduct, to the extent required by state and federal law; 3 k.Student’sstatusintheconservatorshipoftheDepartmentofFamilyandProtectiveServices; l.Student’sstatusasa studentwhoishomeless;and m.Legalrequirements,includingrequirements ofChapter 37oftheTexasEducationCode and Westlake Academy’s Student Handbook and Code of Conduct. Board Policy XXXX. Considerationwill begiventoitemse,f,i, j,k,andl aboveineach decisionconcerningsuspension,removaltoa disciplinary alternative education program (DAEP), or placement in a juvenile justice alternative education program (JJAEP), regardless of whether the decision concerns a mandatory or discretionary action. LEVELSYSTEM Disciplinaryoffensesinthe StudentHandbookandCodeofConduct arecategorizedintofivelevelsthatidentifysample offenses and possible disciplinary options availableto the teacher or administrator. In general, discipline shall be progressively administered so that each level has an increasing degree of intervention designed topromotestudent self-discipline, unless Board policy, state law, or the student code of conduct specifies otherwise. Theteacheroradministratorresponsibleforthe disciplineof a studentshallapplytheGuidelines forAssessing Disciplinary Consequencessetforthabove.In a givensituation, theteacheroradministratormayusediscretionindeterminingthe action(s) most appropriate to thesetting and the infraction, except with regard tomandatoryplacements specified in state law (Level IV and V offenses). Campus administrators have the authority to discipline students for violations of the StudentHandbookandCodeofConduct thatoccur oncampus, on aschool bus, or atschool relatedor school sponsored activities, as well as certain off campus offenses, as specified by law. LEVELSI,II,III,IV,AND V The discipline charts provided herein list examples of offenses and disciplinary options applicable at each campuslevel (primary years GK-G5), middle school (G6-G8), andhighschool(G9-G12)) forLevels I,II,andIII. LevelIVoffenses are assessedDAEP placements. Level V offenses are assessed expulsions resulting in JJAEP placements, except for students under the age of 10 years of age, who shall be placed in aDAEP. Level IV placements in the DAEP that extend beyond 60 days or the end of the next grading period, whichever is earlier, and Level V expulsions are the only disciplinary consequences that entitle students to a hearing before the Board or its designee, as morefullyaddressedbelow.AnydecisionoftheBoardorits designeeconcerningplacement beyond 60days or the end of the next grading period is final and cannot be appealed. See Board Policy XXXX. Parental questions or complaints regarding ancillary issues related todisciplinary measures taken in these cases should beaddressedtotheteacherorcampusadministration,asappropriate andinaccordancewithBoardpolicy XXXX. PARENT---TEACHERCONFERENCES One ormore conferences may be held during each school year between a teacher and the parents of a student if the student is not maintaining passing grades, is not achieving the expected level of performance, presents some other problem to the teacher, or in any other case the teacher considers necessary. In addition, conferences between the parents and theteachersareheld todiscussprogress,setgoals,andprovide a collaborativeteamfor planning the child’s education. RESPONSIBILITIES/STANDARDS Teachers and parents/guardians must fulfill certain responsibilities, if a positive learning environment is to be achieved. Both experience and research show that a child’s education succeeds best when there is a strong partnershipbetween homeandschool - a partnershipthatthrivesoncommunication. Acooperativerelationship among students, parents, and educators is encouraged. RESPONSIBILITIES OFSCHOOLBOARDMEMBERS Enact andenforcepolicies thatfacilitate theestablishmentandmaintenanceof a positiveandsafe learningenvironment; ApproveandsupportWestlake Academy’s StudentHandbookandCodeofConduct; and Fulfilldesignatedrolesindueprocessandhearingprocedures. RESPONSIBILITIESOFSUPERINTENDENT 4 Develop,withinputfromWestlake Academyplanninganddecision-makingcommittee,adraftofa StudentHandbookandCodeofConduct fortheBoard’sreviewandapproval; AssureWestlake Academycompliancewithstateandfederallaws; Publish on Westlake Academywebsite the Board-approved Student Handbook and Code of Conduct to individual campuses; Providetrainingforcampusadministrators ontheBoardapproved StudentHandbookandCode of Conduct; Fulfilldesignatedrolesindueprocessandhearingprocedures; ReportcertaindisciplinaryinfractionstotheTexasEducationAgency(TEA)asrequiredbythe TexasEducationCode(TEC);and Provideeachcertifiedemployeewithacopyof SubchapterA,Chapter37oftheTEC,andWestlake Academy policy–viaWestlake Academywebsite. RESPONSIBILITIESOFCAMPUSADMINISTRATORS AssumeresponsibilityforthedistributionoftheBoardapproved StudentHandbookandCodeofConduct; Providecampus-basedin-servicetostudentsandstaff onthe Board-approved Student Handbook and Code of Conduct; Ensurefairandimpartialtreatmentofstudentsinassigningconsequencesfordisciplinaryinfractions; Maintainanatmosphereconducivetogoodbehavior; Exhibitanattitudeofrespecttowardindividuals and property andconductthemselvesin a responsiblemanner; Monitorthedeliveryofdifferentiatedinstructiontomeetthe needs ofindividualstudentsin accordance with IEPs, accommodation plans, and other individualizedprograms; Facilitatetheresolutionofschool-relatedconflictsinatimelymanner; Encourageparent/guardianparticipationinschoolaffairsandactivelypromoteopen communications between parents/guardians and school personnel; Notifyparents/guardiansofreceiptofawrittenreportfromateacherofaviolationofthe StudentHandbookandCodeofConduct; Ensurecompliancewithappropriatetimeframesandproceduresfordisciplinarydueprocessrights; Notifythe appropriatelawenforcementagencyiftherearereasonablegroundstobelieve thata crime has been committed; 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 an offense for which thestudentisremovedtoaDAEPorJJAEPoftheconductthatresultedin thestudent’sremoval or expulsion; and Providerequirednoticesregardingdisciplineactiontoparents/guardianswheretheAssistant Principalis unavailable or unable to provide the requirednotices. RESPONSIBILITIESOFASSISTANT PRINCIPAL Primarilyresponsibleformaintainingstudentdiscipline; Promptlynotifies parent/guardianbyphone,inpersonorinwritingonthe day astudentis placedinin- school suspension, out-of-school suspension, DAEP, expelled to a JJAEP, or is taken into custody by a law enforcement officer; Provideswrittennoticetoaparent/guardianwhohasnotbeenreachedby5:00p.m.thefirst business day after disciplinary action is taken; Respondstoremovals ofstudentsfromtheclassroomwithappropriatediscipline managementtechniques; Contacts the parent/guardian by phone or in writing within three school days of becoming aware of misconduct that may result in out-of-school suspension, DAEP placement, or expulsion from school. (Failuretosendanynoticewithinthistimeperiodorasnotedelsewhereinthe StudentHandbookand Code of Conduct does not preclude imposing a discipline consequence); 5 Ensurescompliancewithappropriatetimeframesandproceduresfordisciplinarydueprocessrights; Notifies parents/guardiansofreceiptofawrittenreportfromateacherofaviolationof the Student Handbook and Code of Conduct. Administrators and teachers strive to notify parents/guardians of student conduct concerns as they occur; Notifies theappropriatelawenforcementagencyiftherearereasonablegroundstobelievethata crime has been committed; and Informs each educator who has responsibility for, or is under the direction andsupervision of an educator who has responsibility for the instruction of a student who has engaged in an offense for which thestudentisremovedtoaDAEPorJJAEPoftheconductthatresultedin thestudent’sremoval orexpulsion. RESPONSIBILITIESOFTEACHERS Maintainanatmosphereconducivetogoodbehavior; Develop,maintain,andcommunicateclassroomguidelinesandclearexpectationsforstudents; Maintainregularattendanceandpunctualityandareprepared toperform theirdutieswith appropriate materials; Exhibitanattitudeofrespecttowardindividuals andproperty andconductthemselvesina responsiblemanner; Differentiateinstructiontomeettheneeds ofindividualstudentsinaccordancewith IEPs, accommodation plans, and other individualized programs; Notifyparentsofstudentprogressandofsignificantchangesinachievementorbehavior; Notifytheprincipalorappropriateadministratorinwritingofviolationsofthe StudentHandbook and Code of Conduct; Reportacrime theyhavewitnessedatschool toany peace officerwiththeauthority toinvestigate the crime; AdheretoWestlake Academyandcampuspoliciesandprocedures; Establishandmaintainopencommunicationswithparents; Maintainconfidentialityuponnotificationthatastudenthascommittedanoffenseforwhichthe student is placed in a DAEP or JJAEP;and ReferastudenttotheAssistant Principal(CBC)when astudenthasbeenreferred out of the classroom for misconduct. RESPONSIBILITIESOFSTUDENTS Readandadheretothe StudentHandbookandCodeofConduc taswell ascampusandclassroomrules; Exhibitanattitudeofrespecttowardindividualsandproperty,evenwhenothersdonot; Behaveinaresponsiblemanner,alwaysexercisingself-discipline; Attendallclasses,regularlyandontime; Prepareforeachclass;takeappropriatematerialsandassignmentstoclass; AdheretoWestlake Academyandcampusstandards ofgroominganddress; Obeyallcampusandclassroomrules; Respecttherightsandprivilegesofstudents,teachers,andotherWestlake Academystaffandvolunteers; Respectthepropertyofothers,includingWestlake Academypropertyandfacilities; Cooperatewithandassisttheschoolstaffinmaintainingsafety,order,anddiscipline; Complywithallprovisionsofthe StudentHandbookandCodeofConduct; Expressopinionsandideasinarespectfulandcourteousmanner; Refrainfrommakingprofane,insulting,threatening,orinflammatoryremarks; PursuemasteryoftheTexasEssentialKnowledgeandSkillsof thecurriculumasprescribedin Westlake Academyand the state; Establishaneffectiveworkingrelationshipwithparents,peers,andschoolpersonnel; Cooperatewithalllawfulandreasonabledirectivesissuedbyschoolpersonnel; 6 FollowtherulesandregulationsestablishedbytheteacherandWestlake Academyasstatedinthe StudentHandbookandCodeofConduct; Seekchangesinschool policiesandregulations throughapprovedchannelsinanorderlyand responsiblemanner; Cooperatewithschool/Westlake Academystaffininvestigationsandallschool-relatedmatters; Giveparent/guardianacopyofallnotices,includingdisciplinenotices,promptly; Returnpapersrequiringaparentsignaturepromptly;and Payrequiredfeesandfinesinatimelymanner,unless theyarewaived. RESPONSIBILITIESOFPARENTS/GUARDIANS Reviewthe StudentHandbookandCodeofConduct anddiscussthecontentswiththeirchild; Submitthesigned"VerificationofReceipt"cardinatimelymanner; Encouragetheirchild toputahighpriorityoneducation andworkwiththeirchildon adailybasis to make the most of the educational opportunities the schoolprovides; Ensurethattheirchildcompletesallhomeworkassignmentsandspecialprojects; Becomefamiliarwithall oftheirchild’sschoolactivitiesandwiththeacademic programs,including special programs, offered in Westlake Academy. If their child is entering the ninth grade, review the requirementsofthegraduationprogramswiththeirchild; Monitortheirchild’sacademicprogress andprovideanappropriate areainthehomefortheirchildto use for study; Participateinmeaningfulconferenceswithschoolpersonnelregarding theirchild'sacademic progress, behavior, or general welfare; Ensuretheirchild'scompliancewithschoolattendancerequirementsandpromptlyreportand explain absences and tardies to appropriate campus personnel; Ensuretheirchild'sattendanceatrequiredtutorials; school-relatedactivities; Assisttheirchildinselectingappropriateattireforschooland Communicate,inacourteousandrespectfulmanner,withcampus personnelregardingconcerns about their child's educational progress or conduct; Send theirchildtoschool eachdayontime(exceptinthecaseofillnessorextenuating circumstances) prepared, rested, and ready to learn; Ensure their child's immunizations are up---to---date according to state requirements and provide the school with documentation in a timely manner; Maintainup---to---date home, work,andemergencytelephonenumbersatthe school; Beresponsiblefornegligent,willful,ormaliciousconductoftheirchild; Beknowledgeableofstate,Westlake Academy,andschoolpolicies,regulations,andrequirements; Supplyallrecordsrequiredforenrollment; Exercise their right to request information regarding the professional qualifications of their child’s teachers,includingwhether the teacherhasmetstatequalificationandlicensingcriteriaforthegrade levels and subject areas in which the teacher provides instruction; whether the teacher has an emergency permit or other provisional status for which state requirements have been waived; and undergraduate and graduate degree majors, graduate certifications, and the field of study of the certification or degree. Parents also have the right to request information about the qualifications of any paraprofessional who may provide services to their child; Reviewteachingmaterials,textbooks, andother teachingaidsandinstructionalmaterialsusedin the curriculum and examining tests that have been administered to theirchild; Inspectsurveyscreatedbyathirdpartybeforethesurveyisadministeredordistributedtotheirchild (See“‘OptingOut’ofActivities”); GrantordenyanywrittenrequestfromWestlake Academytomakeavideotapeorvoicerecordingoftheir child; (See“VideotapingandRecordings”); Remove their child temporarily from the classroom if an instructional activity in which their child is 7 scheduledtoparticipateconflictswiththeirreligiousormoral beliefs.Thewrittenrequestforremoval cannotbefor thepurpose of avoiding atestandmaynotextendforanentiresemester. Further, their childmustsatisfygrade---levelandgraduationrequirementsasdeterminedbytheschoolandbythe Texas Education Agency. Board Policy XXXX. RequestthattheirchildbeexcusedfromparticipationinthedailyrecitationofthePledgeof Allegiance to theUnited States flagandthePledge of AllegiancetotheTexas flag.Therequestmust beinwriting. Statelawdoes notallowtheirchildtobe excusedfrom participationintherequiredmoment ofsilence or silent activity that follows Board Policy XXXX. Request that their child be excused from recitation of a portion of the Declaration of Independence. State law requires students insocialstudies classes ingrades 3---12torecite a portionofthetext ofthe Declaration of Independence during Celebrate Freedom Week unless (1) the parent/guardian provides a written statementrequesting that their child be excused, (2) Westlake Academydetermines that their child has a conscientious objection to the recitation, or (3) the parents/guardians are arepresentative of a foreigngovernmenttowhomtheUnitedStatesgovernmentextendsdiplomaticimmunity. BoardPolicy XXXX. Requestinwriting,if theparentis anoncustodialparent,thattheparentbeprovidedfortheremainder of the school year a copy of any written notice usually provided to a parent related to misconduct that may involve placement in a Disciplinary Alternative Education Program (DAEP) or expulsion. Board Policy XXXX Become a schoolvolunteer.BoardPolicyXXXX. Participateincampusparentorganizations.BoardPolicyXXXX. Offertoserve asa parentrepresentative onWestlake AcademyorcampusLevelplanningcommittee thatassistin the development of educational goals and plans to improve student achievement; Board Policies XXXX. Offertoserve onthe SchoolHealthAdvisoryCouncil,assisting Westlake Academyinensuring thatlocal communityvaluesarereflectedinhealtheducationinstruction. BoardPoliciesXXXX AttendingBoardmeetingstolearnmoreaboutWestlake Academyoperations.BoardPoliciesXXXX DISCIPLINARYPROCEDURES FORSTUDENTSWITHDISABILITIES Disciplinary actions regarding students with disabilities shall be in accordance with all applicable state and federalstatutes,rules,andregulations.Inaccordancewith theTexasEducationCode, astudentwhoisreceiving special educationservices may notbe disciplinedfor conduct meeting the definitionof bullying, harassment, or making a hit list until an ARD committee meeting has been held to review the conduct. In addition to the general guidelines considered whendetermining whether toimpose adisciplinary change of placement such as suspension,DAEP, or JJAEP, administrators willconsiderwhetherthestudent’smisbehaviorwas directlycaused by the disability. 8 LEVELIDISCIPLINARYCHART - PRIMARY YEARS PROGRAMME Westlake Academy discipline guidelines are predominantly based on the IB Learner Profile traits. The Learner Profile helps us develop responsible, respectful, life-long learners who can possess the necessary skills to be successful in life choices. The Learner Profiles are used for guidance and restorative purposes. That is, all students are guided through practice that prevent misbehaviors, as well as support good decisions and choices. The IB Learner Profiles help create a supportive and positive culture. As such, we expect all members of the Westlake Academy to value, demonstrate, and appreciate the IB Learner Profiles attributes. The PYP Learner Expectations and Behaviors illustrate being caring, knowledgeable, and principled in our behaviors. Our emphasis is on the power of student self-reflection in identifying the attributes they struggle with and need support in developing. Area on CampusBe Principled by……….Be Caring by………….Be Knowledgeable by………… Arrival/Entering Waiting quietly without Entering the classroom quietly.Arriving at school before 7:55 am Classroompushing at the front landing Following classroom agreements and Being prepared for class and eager to area. help others.learn. Entering the buildings after Continuing with morning work and Placing work from home in trays and 7:30 am without running.activities until 7:55am.buckets for teacher. HallwaysUsing inside voicesWalking quickly is okay, but do not Walking quietly and in an Staying quiet so that others can learn.run. orderly manner. Getting permissions before leaving Follow rules without adult reminders. Keeping hands, feet, and other classroom. objects to yourself. Not walking by if you see trash or someone not being kind to others ClassroomsUsing classroom essential Always showing respect for your Taking turns. agreementsown possessions, the possessions of Completing activities or work to your Keeping hands, feet, and other others, and school property. best ability and on time. objects to yourself. Sharing materials, classroom Being self-motivated. Walking at all times. resources, and equipment. Being a self-directed problem solver. Accepting the consequences Showing understanding and open-Being respectful. of your behavior and actions.mindedness.Being honest if you have not done the Having respect for teachers and right thing. substitutes. RestroomsPlacing hand tissue in the Giving others privacy and not Getting permission to leave class. trash can. playing in bathrooms. Return to class promptly. Walking at all times. Using inside voices. Help keep restrooms clean. Washing hands before Take turns at the sink. leaving. Dining HallWalking at all times.Using good table manners.Getting all utensils, milk, etc., when Using a quiet voice. Not putting your hand on others’ you first go through the line. Following your teacher food/trays. Not sharing food. directions.Including others at your table and Cleaning up after yourself. conversations across and beside you. Outdoors/Break Keeping your hands, feet, and Being respectful of each other. Placing all litter/trash in garbage cans. Timesother objects to yourself.Being mindful of others' personal Placing recycling items in the Sharing equipment.space.recycling bin. Not hitting, pulling or kicking othersPlacing all equipment in the appropriate ball cart or bins. DismissalListening for you CurbSmart Waiting for teacher to dismiss you Getting all materials before leaving number and walk quietly and from your classroom.the classroom. quickly to pick-up area. Walking straight to dismissal/pick up Watching for your car. Looking for your vehicle and area. pay attention to your name.Listen for your name if you do not see your car 9 School Sponsored Following directions (seated Supporting your peers with Following all school rules (Student Events, Trips, and on bus, listen to teachers).appropriate language and Code of Conduct).. TravelBeing respectful with all interactions. people you meet or encounter.Representing Westlake Academy using the Learner Profile Attributes. LevelI:TeacherDirected Many behaviors can be successfully managed by the classroom teacher. There should be immediate and consistentinterventionofanybehaviorthatimpedes orderly classroomproceduresorinterfereswiththe orderly operation of the school. More than one disciplinary option may be assigned. Procedures: 1.Interventionshould occurbytheteacherwhoissupervisingthestudentorwho observesthe misbehavior. 2.A recordofoffensesanddisciplinaryactionsshallbemaintainedbytheteacherandtheAssistant Principal. 3.Theteachermaywanttodiscuss themisbehaviorwiththeparent/guardian,administrator,Assistant Principal, and/or support personnel. In thecaseofinformalclassroomremoval(officereferral),the teacherwillreferthestudent tothe 4. Assistant Principalwhowillrespondbyemploying appropriatedisciplinemanagement techniques before returning the student to the classroom. If the student’s behavior does not improve, the Assistant Principalwill employ alternative discipline management techniques, including progressive discipline interventions. 5.Level I offensesanddisciplinaryoptionsarenotlimitedtothoseprovided. 6.Repeatedviolationsshallresultin a moresevereresponseand/orreferraltoLevelII. ExamplesofOffenses ExamplesofDisciplinaryOptions Beingtardytoclass Running, making excessive noise, obstructing, or otherwise disruptinginthehall,classroom,building,orothersupervised settings Failingtofollowclassroomrules Neglecting tobringrequiredmaterialsorassignedworktoclass Failingtoparticipateinclassroomactivitiesorfulfillassignments Eating,drinking,orchewingguminanundesignatedarea Throwingobjectsorpassingunauthorizednotes Talkingback/arguingornamecalling Horseplaying/scuffling(notfighting) Possessingand/orusingnuisanceitems Violatingcampuscellphoneprocedures Disruptingtheorderlyclassroomprocess Spitting(withoutbodilycontact) Tellingafalsehood 10 Bullyingand/orengaginginharassmenttowardanotherstudent,Westlake Academyemployee, official, or volunteer, including actions motivated by race,color,religion,sex,gender,sexual orientation, national origin, disability,orage 11 LEVELIIDISCIPLINARYCHART-PRIMARY YEARS PROGRAMME LevelII:AdministratorDirected Some infractions will result in a referral to the Assistant Principalor other appropriate administrator.The disciplinaryaction(s)willdependontheoffense,previous disciplinaryactions, andthe seriousness of the misbehavior. More than one disciplinary option may be assigned. RESTRICTIONONUSEOFOUT-OF-SCHOOLSUSPENSIONWITHSTUDENTSGRADE2ANDBELOW: A student whois insecondgradeor belowshall notreceive anout-of-schoolsuspensionunless, whileonschool property orat a school-sponsored or school-related activity on or off school property, the student engages in (1) conduct that contains the elements of an offense related to weapons; (2) conduct that contains the elements of assault,sexual assault,aggravatedassault,oraggravatedsexualassault;(3)orthestudentengagesinselling, giving, or delivering to another person, or possessing, using, or being under the influence of, marijuana or a controlled substance, a dangerous drug, or an alcoholic beverage. Exception for Students who are Homeless: Westlake Academymay notplace astudentwho is homeless in out-of- school suspension unless, while on school property or at a school-sponsored or school-related activity on or off school property,thestudentengages in(1) conductthatcontains theelements ofanoffenserelatedtoweapons; (2)conduct that contains the elements of assault, sexual assault, aggravated assault or aggravated sexual assault; or (3) selling, giving, or delivering to another personor possessing using or being under the influence of marijuana or a controlled substance, a dangerous drug, or an alcoholic beverage. The Assistant Principalmay coordinate with Westlake Academy’s homeless education liaison to identify appropriate alternatives to out-of-school suspension for a student who is homeless. Procedures: 1.AwrittenreferralwillbesenttotheAssistant Principalorothercampusadministrator. 2.TheAssistant Principalor othercampus administrator willconferwiththestudent and/or teacher to establish appropriate disciplinary consequence(s). 3.TheAssistant Principalwillsendcopies of theappropriatedisciplinenoticestothe teacher and/or parent/guardian indicating the misbehavior and action(s)taken. Theparent/guardianissupposedtosign andreturnthediscipline noticetotheschool,iforalcontact 4. has not been made. Within these guidelines and consistent with state law, each Assistant Principalhas theauthority 5. toestablishappropriatedisciplinaryconsequences basedoncampusneeds. TheAssistant Principalwill beconsistentinadministering disciplinaryoptions onthe campus. It is important to note that two students committing the same offense on the same campus may receive different disciplinary consequences based on the overall disciplinary records of the students and the circumstances surrounding the offenses. 6.The Assistant Principalwill notify the parent/guardian of any conduct violation by their student that results in suspension. Before being suspended, a student will be given an opportunityto respond. In deciding whether to order out-of-school suspension, the Assistant Principalshalltakeinto considerationself---defense,intentorlackofintentatthetimethestudent engaged in the conduct, the student’s disciplinary history,whether the studenthas a disability that substantiallyimpairsthe student’scapacitytoappreciatethewrongfulnessofthestudent’sconduct, a student’sstatusin the conservatorshipoftheDepartmentof FamilyandProtective Services,orthe student’s status as a student whois homeless. The number of days of a student’s out-of-school suspension shall not exceed three school days. 7.LevelIIoffensesanddisciplinaryoptionsarenotlimitedtothoseprovided. 8.Repeatedviolationsshallresultinamoresevereresponseand/orreferraltoLevelIII. 12 ExamplesofOffenses ExamplesofDisciplinaryOptions CommittingpersistentoffensesfromLevelI(minoractsof misconduct, including repeated bus infractions) Usingfoodinappropriately Usinginappropriatelanguage(oralorwritten)orgestures Failingtocomplywiththedirectivesofamemberoftheschool staff; being disrespectful or insubordinate Beingtruant,includingskippingclassand/orleaving school/class without permission Beingtardyrepeatedly Physicallycontactinganotherstudentcreatinga disruptiveenvironment Violatingdressandgroomingstandards Creatingorparticipatinginadisturbance,including discharging a fire extinguisher Failingtoservedetention Possessinglightersormatches Possessingalaserpointerforotherthananapproveduse Bullying and/or engaging in harassment toward another student, Westlake Academyemployee, official, or volunteer, includingactionsmotivatedbyrace,color,religion,sex, gender,sexualorientation, national origin, disability, or age Possessingacurrentprescription(student’sownmedication) or possessing, distributing, or using a nonprescription drug, natural and/or homeopathic---like substances, or dietary supplements Possessingalook---alikeweapon Violatingtheacceptableusepolicyforcomputers Tellingafalsehood Defacingordamaginglibraryorclassroommaterialsor textbooks,includingremoval ofbarcodes; defacingor damaging another person’s property Usingaskateboard,scooter,rollerblades,shoeswithwheels, or other similar devices on school property Possessingorusingacamera,phone,radio,videoorother unauthorized electronic device without permission Beingpresentinareawithoutauthorization Academicdishonestyincludingcheatingorcopyingthework ofanother Engaginginapublicdisplayofaffection Loiteringonschoolcampusbeforeorafterschool Sellingorsolicitingforsaleunauthorizedmerchandise Postingordistributingunauthorizedpublication NOTES:Schoolofficialsshallnotify a local lawenforcementauthorityiftheysuspectthatcriminalactshaveoccurredonschool orWestlake Academypropertyor at a school-sponsoredorschool-relatedevent. These individuals also have the authority to involve law enforcement in anydiscipline or campus situation where it is deemed necessary. 13 LEVEL IIIDISCIPLINARYCHART---PRIMARY YEARS PROGRAMME LevelIII:AdministratorDirected “Serious” offenses are defined as, but not limited to, those listed below. “Persistent” offenses shall be defined as twoormore violations ofthecodeingeneral, orrepeated occurrences ofthesameviolation.Morethanone disciplinary option may be assigned. RESTRICTIONONUSEOFOUT-OF-SCHOOLSUSPENSIONWITHSTUDENTS GRADE2ANDBELOW: A student who is in second grade or below shall not receive an out-of-school suspension unless, while on school property or at a school-sponsored or school-related activity on or off school property, the student engages in (1) conduct that contains the elements of an offense related to weapons; (2) conduct that contains the elements of assault, sexual assault,aggravatedassault,oraggravatedsexualassault;(3)orthestudentengages inselling,giving,or deliveringto another person, or possessing, using, or being under the influence of, marijuana or a controlled substance, a dangerous drug, or an alcoholic beverage. Exception for Students who are Homeless: Westlake Academymay not place a studentwho is homeless in out-of- school suspension unless, while on school property or at a school-sponsored or school-related activity on or off school property,thestudentengagesin(1)conductthatcontainstheelementsofanoffenserelatedtoweapons;(2) conduct that contains theelements of assault,sexual assault, aggravatedassault or aggravatedsexual assault; or (3) selling, giving, or delivering to another person or possessing using or being under the influence of marijuana or a controlled substance, adangerous drug, or analcoholicbeverage. The Assistant Principalmay coordinate with the school Westlake Academy’shomeless education liaisonto identifyappropriate alternatives to out-of-schoolsuspension for a student who is homeless. Procedures: 1.Theappropriatecampus administratorwillinvestigatetheinfraction(s)and,ifnecessary,conferwith the teacher. 2.TheAssistant Principalwilldeterminetheappropriatedisciplinaryaction(s),andoralor written notice will be provided to the student and the parent/guardian. 3.Theparent/guardianissupposedtosignandreturnthewrittendisciplinenoticetotheschool,iforal contact has not been made. 4.Within these guidelines and consistent with state law, each Assistant Principalhas the authorityto establish appropriatedisciplinaryconsequences basedoncampus needs.TheAssistant Principalwill be consistent in administering disciplinary options on the campus. It is importanttonote thattwo studentscommittingthesameoffenseonthesamecampusmay receive differentdisciplinary consequences basedontheoverall disciplinaryrecordsofthestudentsandthe circumstances surrounding the offenses. 5.TheAssistant Principalwillnotifytheparent/guardianofanyconductviolationbytheirstudent thatresults insuspension.Beforebeingsuspended,astudentwillbegivenanopportunityto respond.In decidingwhether to order out-of-school suspension, the Assistant Principalshalltakeinto considerationself---defense,intentorlackofintentatthetimethestudentengaged in the conduct, the student’s disciplinary history, whether the student has a disability that substantially impairs the student’s capacity to appreciate thewrongfulness of the student’s conduct, astudent’s status intheconservatorship oftheDepartmentofFamilyandProtectiveServices,orthestudent’sstatusas a student who is homeless. The numberofdays ofastudent’sout-of-schoolsuspensionshallnot exceed three school days. 6.LevelIIIoffensesanddisciplinaryoptionsarenotlimitedtothoseprovided. 7.Repeatedviolationsshallresultinamoresevereresponse. 14 ExamplesofOffensesExamplesofDisciplinaryOptions CommittingpersistentoffensesfromLevelII,includingbusinfractions Engaginginconductthatdisruptstheschoolenvironmentor educational process, including while in a DAEP Usingprofane,vulgar,obscene,orthreateninglanguage,including hit lists (written or verbal), or obscene gestures Bullying and/or engaging in harassment toward another student, Westlake Academyemployee,official,orvolunteer,including actionsmotivatedby race, color, religion, sex, gender, sexual orientation, nationalorigin, disability, or age Using slurs (oral or written), based on race, color, religion, sex, gender, sexual orientation, national origin, disability, or age, committing inappropriate acts that are directed toward a specific person or group based on the above categories, or making derogatory statements that school employees reasonably believe couldsubstantiallydisrupttheschoolenvironmentorinciteviolence Fighting;encouragingorpromotingfighting Usinglightersor matches Possessingorusingtobaccoproducts,electroniccigarettes,electronic ordigitalvapordevices,orelectronicnicotinedeliverysystemsorany component, part,oraccessoryforsuch devices Usingalaserpointerforotherthananapproveduse Possessing, distributing, or using fireworks of any kind, stink bombs, smoke bombs, “poppers,” other noxious chemicals (including pepper---spray ormace---typematerials),or“shock”pensandothersimilardevices Possessingammunition,includingpaintballs Possessing,distributing,orcreatingpornographicorsexually---oriented material and/or accessing pornography via Westlake Academy’s computer Possessing,distributing, and/orconcealing a weapon,including knives that are not illegal (e.g. pocket knives, knives with blades shorter than five and one-half inches), BB guns, paintball guns, pellet guns, slingshots, etc., not constituting a mandatory removable or expellable offense Possessingdrugparaphernalia Selling, giving, or delivering to another person a non-prescription drug, or possessing, transmitting, selling, or attempting to sell what is represented to be a prohibited substance Attemptingtosellorpurchase,withoutbeinginpossessionof,a prohibited substance through oral or written communication Stealingorunauthorizedpossessionofanotherperson’sproperty; committing burglary Exhibiting,possessing,delivering,using,orsellinglook---alikeweapons Forgingoralteringschoolrecords,parentnotes,forms,orother school/homecommunications Assaultinganotherstudentoradultthatdoesnotconstitutea mandatory removable or expellable offense Vandalism, including defacement of or damagetoschool property, and graffiti not constituting a mandatory removable or expellable offense; inappropriateuseofpropertythathasthepotentialtocausedamageor injury 15 Failing to disclose information, hiding/covering up (for self or others) information/evidence,orlyingas a witnessduring a schoolinvestigation Engaginginbehaviorthatisillegalthatdoesnotconstitutea mandatory removable or expellable offense Engaginginsexualconduct Engaginginsexualharassment(verbal,written,orbygesture),including stalking Mooning,streaking,orotherformsofnudity;exposingone’s undergarments or those of another Hazing,harassing,orstalking(non---sexual) Creating a situation that may constitute a potential health hazard or resultinpossibleinjury(bodilyfluids,pullingchairoutfromsomeone, taking more than the recommended dosage of a medicine, etc.) Gambling Hacking/breachofcomputersecurity(illegalorunauthorizedentryor attempted entry into computer files) Interferingwithschoolactivities,includingtrespassing,boycotting,and group demonstrations, and falsifying a “safety net” report Participating in an unauthorized organization, secret society, or gang; gang---related activity Committingextortion,coercion,orblackmail Possessing a current prescription (student’s own medication), or possessing,distributing,orusing a nonprescriptiondrug,naturaland/or ••• •• •••••• homeopathic-like substance, or dietary supplement NOTES: School officialsshall notify alocal law enforcementauthorityiftheysuspectthat criminal acts have occurred on school or Westlake Academypropertyorataschool-sponsoredorschoolrelatedevent.These individualsalsohavetheauthoritytoinvolve lawenforcementinany disciplineor campus situation where it is deemed necessary. If astudent is chargedwitha felonyon campusorata school-relatedeventfor any ofthe offenses listed at Level III, the student is automatically disciplined at Level IV or V,as appropriate. Depending on the circumstances, misconductat Level III mayresultin placementin a disciplinary alternative education program (DAEP). (DAEP). 16 LEVELIDISCIPLINARYCHART - SECONDARY Secondary Social Contract The social contract is established to serve the greater good for the Academy, ensuring sustainability and protecting all parties. Additionally, the social contract helps create emotional and social safety not only in the classroom, but also throughout the campus. At WA, the social contract helps guide the actions of students, teachers, contractors, parents, and visitors to our campus. Secondary Social Contract Area on CampusBe PrincipledBe CaringBe Knowledgeable Arrival Wait in the dining hall or Enter the classroom quietly.Be punctual! sports court. Follow classroom procedures.Be prepared for class with your Enter the buildings after supplies and a charged device. No cell phones inside buildings and after 7:55 7:40 a.m. am. Visible phones will be confiscated. Know when classes begin and Leave cars in a timely (Please see our Parent student handbook)end! manner. Hallways Always leave class with a Wait for directions before leaving an area, or Have an understanding of the pass. (Your planner)ask for permission. class schedule so that you make it to classes on time! Treat everybody and their belongings with respect. Classrooms Think about classroom Always show respect for your own Be punctual. essential agreements!possessions, the possessions of others, and Complete assignments on time. school property. Keep hands, feet, and other Share materials, classroom objects to yourself. Speak respectfully to guest educators, resources, and equipment. substitute teachers and everyone else. Accept the consequences of your behavior and actions. Restrooms Throw trash away in the Give others privacy. trash can. Report incidents or items to be replaced Dining Hall Clean up after yourself. Use good table manners. Have your ID # ready to enter. Use a quiet voice. Do not put your hands on others’ food/trays. Get all utensils, milk, etc., when you first go through the line. Follow adult directions.Speak respectfully to lunch cashiers, and anyone else you encounter. Do not take food out of the dining Only packed lunches/dining hall/picnic table area. hall food allowed. Outdoors/Break Times Stay within boundaries. Be respectful of each other. Place all litter/trash in garbage cans. Keep hands, feet, and other Be mindful of others' personal space. objects to yourself.Place recycling items in the recycling bin. Put equipment away. Place all equipment in the appropriate ball containers outside. Dismissal Walk directly to your Wait for the teacher to dismiss you.Phones are allowed only after the designated pick-up area. school day concludes after Leave in an orderly fashion. 3:25pm Look for your vehicle, and pay attention to your name. Only leave class when dismissed. School Sponsored Follow Directions (seated on Support your peers with appropriate language All school rules (Student Code of Events, Trips, and the bus, listen to tour guides, and interactions.Conduct) still apply. Travel etc). Represent Westlake Academy and the Learner Profile Attributes. 17 Respectful interactions with all people you encounter. LevelI:TeacherDirected Many behaviors can be successfully managed by the classroom teacher. There should be immediate and consistent intervention of any behavior that impedes orderly classroom procedures or interferes with the orderly operation of the school. More than one disciplinary option may be assigned. Procedures: 1.Interventionshould occurbytheteacherwhoissupervisingthestudentorwhoobservesthe misbehavior. A recordofoffensesanddisciplinaryactionsshallbemaintainedbytheteacherandtheAssistant 2. Principal. 3.Theteachermaywanttodiscuss themisbehaviorwiththeparent/guardian,administrator,Assistant Principal, and/or support personnel. 4.In the case of informal classroom removal (office referral), the teacher will refer the student to the Assistant Principal, who will respond by employing appropriate discipline management techniques beforereturningthestudent totheclassroom.Ifthestudent’s behavior does notimprove, theAssistant Principalwillemployalternativedisciplinemanagementtechniques,including progressive discipline interventions. Level I offensesanddisciplinaryoptionsarenotlimitedtothoseprovided. 5. 6.Repeatedviolationsshallresultin a moresevereresponseand/orreferraltoLevelII. ExamplesofExamplesofDisciplinaryOptions Offenses Beingtardytoclass Running,makingexcessivenoise,obstructing,orotherwisedisruptinginthe hall, classroom, building, or other supervised settings Failingtofollowclassroomrules Neglecting tobringrequiredmaterialsorassignedworktoclass Failingtoparticipateinclassroomactivitiesorfulfillassignments Eating,drinking,orchewingguminanundesignatedarea Throwingobjectsorpassingunauthorizednotes Talkingback/arguingornamecalling Horseplaying/scuffling(notfighting) Possessingand/orusingnuisanceitems Violatingcampuscellphoneprocedures Disruptingtheorderlyclassroomprocess Spitting(withoutbodilycontact) Tellingafalsehood 18 LEVELIIDISCIPLINARYCHART -HIGH SCHOOL LevelII:AdministratorDirected SomeinfractionswillresultinareferraltotheAssistant Principalorother appropriate administrator. Thedisciplinaryaction(s)will dependontheoffense,previous disciplinaryactions, and the seriousness of the misbehavior. More than one disciplinary option may be assigned. Exceptionfor Students who are Homeless: Westlake Academymay notplace astudentwho is homeless in out-of- school suspension unless, while on school property or at a school-sponsored or school-related activity on or off school property,thestudentengages in(1)conductthatcontains theelements ofanoffenserelatedtoweapons; (2)conduct that contains the elements of assault, sexual assault, aggravated assault or aggravated sexual assault; or (3) selling, giving, or delivering to another personor possessing using or being under the influence of marijuana or a controlled substance, a dangerous drug, or an alcoholic beverage. The Assistant Principalmay coordinate with the school Westlake Academy’s homeless education liaison to identify appropriate alternatives to out-of-school suspension for a student who is homeless. Procedures: 1.AwrittenreferralwillbesenttotheAssistant Principalorotherappropriateadministrator. TheAssistant Principalor theothercampus administrator willconferwiththestudent and/or 2. teacher to establish appropriate disciplinary consequence(s). 3.TheAssistant Principalwillsendcopies oftheappropriatedisciplinenoticesto theteacher and/or parent/guardian indicating the misbehavior and action(s)taken. Theparent/guardianissupposedtosign andreturnthewritten disciplinenoticetotheschool,iforal 4. contact has not been made. Within these guidelines and consistent with state law, each Assistant Principalhas the authorityto 5. establish appropriatedisciplinaryconsequences basedoncampus needs, whichmaybe different than disciplinaryconsequences establishedfor othercampusesinWestlake Academy.TheAssistant Principalwill be consistent in administering disciplinary options on the campus. It is importantto note thattwostudentscommittingthesameoffenseonthesamecampusmay receive different disciplinaryconsequences basedontheoverall disciplinaryrecordsofthestudentsandthe circumstances surrounding the offenses. 6.The Assistant Principalwill notify the parent/guardian of any conduct violation of their student thatresultsin suspension.Beforebeingsuspended,astudentwillbegivenanopportunitytorespond. In deciding whether to order out-of-schoolsuspension, the Assistant Principalshall take into consideration self--- defense, intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinary history,whether the student has a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct, a student’s status in the conservatorshipoftheDepartmentofFamily andProtectiveServices,orthestudent’sstatusasastudentwhois homeless. Thenumberofdaysofa student’sout-of-schoolsuspensionshallnotexceedthreeschool days. 7.LevelIIoffensesanddisciplinaryoptionsarenotlimitedtothoseprovided. Repeatedviolationsshallresultinamoresevereresponseand/orreferraltoLevelIII. 8. 19 ExamplesofOffensesExamplesofDisciplinaryOptions CommittingpersistentoffensesfromLevelI(minoracts of misconduct, including repeated bus infractions) Usingfoodinappropriately Usinginappropriatelanguage(oralorwritten)orgestures Failingtocomplywiththedirectives of a member of theschoolstaff;beingdisrespectfulorinsubordinate Beingtruant,includingskippingclassand/or leaving school/class without permission Beingtardyrepeatedly Physicallycontactinganotherstudentcreatingadisruptiveenvironment Violatingdressandgroomingstandards Creatingorparticipatinginadisturbance,includingdischargingafire Failingtoservedetention Abusing theuseofahallpass Possessinglightersormatches Possessingalaserpointerforotherthananapproveduse Bullying and/or engaging in harassment toward another student, Westlake Academyemployee,official,orvolunteer,includingactionsmotivatedbyrace, color,religion, sex, gender, sexual orientation, national origin, disability, or age Possessing a current prescription (student’s own medication), or possessing, distributing,orusing a nonprescriptiondrug,naturaland/orhomeopathic-like substance, or dietary supplement Possessingalook-alikeweapon Violatingtheacceptableusepolicyforcomputers Tellingafalsehood Defacingordamaginglibraryorclassroommaterialsortextbooks,including removal of bar codes; defacing or damaging another person’s property Usingaskateboard,scooter,rollerblades,shoeswithwheels,orothersimilar devices on school property Possessingorusingacamera,phone,radio,video,orotherunauthorized electronic device without permission Beingpresentinareawithoutauthorization Academicdishonestyincludingcheating orcopyingtheworkofanother Engaginginapublicdisplayofaffection Loiteringonschoolcampusbeforeorafterschool Sellingorsolicitingforsaleunauthorizedmerchandise Postingordistributingunauthorizedpublication Violatingparkingrules/procedures NOTES: School officialsshallnotify a local lawenforcementauthorityiftheysuspect thatcriminalactshaveoccurredonschoolorWestlake Academypropertyor at a school-sponsoredor school-relatedevent. These individuals also have the authority to involve law enforcement in any discipline or campus situation where it is deemed necessary. Sponsors and coaches of extracurricular activities, such as interscholastic athletics and marching band, may develop and enforce standardsof behavior that are higher than thosein Westlake Academy’s Student Handbook and Code of Conduct and may condition membership or participationintheactivity onadherencetothosestandards. Thesponsors andcoaches willdevelopthosestandardsinconjunctionwith Westlake Academy’s Extracurricular Activities Student Handbook to help ensure consistency in standards and enforcement across all activities. 20 LEVELIIIDISCIPLINARYCHART HIGHSCHOOL LevelIII:AdministratorDirected “Serious” offenses are defined as, but not limited to, those listed below. “Persistent” offenses shall be definedastwoormoreviolations of thecodeingeneral orrepeatedoccurrencesofthesameviolation. More than one disciplinary option may be assigned. Exceptionfor Students who are Homeless: Westlake Academymay notplace astudentwho is homeless in out-of- school suspension unless, while on school property or at a school-sponsored or school-related activity on or off school property,thestudentengages in(1)conductthatcontains theelements of anoffenserelatedtoweapons; (2)conduct that contains the elements of assault, sexual assault, aggravated assault or aggravated sexual assault; or (3) selling, giving, or delivering to another person or possessing using or being under the influence of marijuana or a controlled substance,a dangerous drug, or an alcoholic beverage. The Assistant Principalmay coordinate with the school Westlake Academy’s homeless education liaison to identify appropriate alternatives to out-of-school suspension for a student who is homeless. Procedures: 1.Theappropriatecampus administratorwillinvestigatetheinfraction(s)and,ifnecessary,conferwith the teacher. 2.TheAssistant Principalwilldeterminetheappropriatedisciplinaryaction(s)andoralor written notice will be provided to the student and the parent/ guardian. 3.Theparent/guardianissupposedtosignandreturnthewrittendisciplinenoticetotheschool,iforal contact has not been made. 4.Within these guidelines and consistent with state law, each Assistant Principalhas the authorityto establish appropriatedisciplinaryconsequences basedoncampus needs, whichmaybe different than disciplinaryconsequences establishedfor othercampusesinWestlake Academy.TheAssistant Principalwill be consistent in administering disciplinary options on the campus. It is importantto note thattwostudentscommittingthesameoffenseonthesamecampusmay receive different disciplinaryconsequences basedontheoverall disciplinaryrecordsofthestudentsandthe circumstances surrounding the offenses. 5.The Assistant Principalwill notify the parent/guardian of any conduct violation by their student that results in suspension. Before being suspended, a student will be given an opportunity to respond. In deciding whether to order out-of-schoolsuspension, the Assistant Principalshall take into consideration self---defense, intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinary history,whether the student has a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct, a student’s status in the conservatorshipoftheDepartmentofFamilyandProtective Services,orthestudent’sstatusasastudentwhois homeless. Thenumberofdaysofastudent’sout- of-schoolsuspensionshallnotexceedthreeschool days. 6.LevelIIIoffensesanddisciplinaryoptionsarenotlimitedtothoseprovided. 7.Repeatedviolationsshallresultinamoresevereresponse. 21 ExamplesofOffensesExamplesofDisciplinaryOptions CommittingpersistentoffensesfromLevelII,includingbus infractions Engaginginconductthatdisruptstheschoolenvironmentor educational process, including while in a DAEP Usingprofane,vulgar,obscene,orthreateninglanguage, (written or verbal), or obscene gestures Intentionally or knowingly making libelous or slanderous remarks(oralorwritten)aboutstudents,employees,or others Bullying and/or engaging in harassment toward anotherstudent, Westlake Academy employee, official, or volunteer, including actions motivated by race, color, religion, sex, gender, sexual orientation, national origin, disability, or age Using slurs (oral or written), based on race, color, religion, sex, gender, sexual orientation, national origin, disability, or age, committinginappropriateactsthataredirectedtoward a specific person or group based on the above categories, or making derogatorystatementsthatschoolemployeesreasonablybelieve could substantially disrupt the school environment or incite violence Fighting;encouragingor promotingfighting Usinglightersor matches Possessingorusingtobacco,electroniccigarettes,electronic or digital vapor devices, or electronic nicotine delivery systems Usingalaserpointerforotherthananapproveduse Possessing,distributing,orusingfireworksofanykind,stink bombs, smoke bombs, “poppers,” other noxious chemicals (including pepper---spray or mace---type materials),or “shock” pens and other similar devices Possessingammunition,includingpaintballs Possessing, distributing, or creating pornographic or sexually--- orientedmaterialand/oraccessingpornographyviaWestlake Academy’scomputersystem Selling, giving, or delivering to another person a nonprescription drug, or possessing, transmitting, selling, or attempting to sell what is represented to be a prohibited substance Attempting to sell or purchase, without being in possession of, a prohibited substance through oral or written communication Possessing, distributing, and/or concealing a weapon, includingknivesthatarenotillegal(e.g.,pocketknives,knives with blades shorter than five and one-half inches), BB guns, paintball guns, pellet guns, slingshots, etc., not included as a mandatory removable or expellable offense Possessingdrugparaphernalia Stealingorunauthorizedpossessionofanotherperson’sproperty; committing burglary Exhibiting, possessing, delivering, using, or selling look---alike weapons Forgingoralteringschoolrecords,parentnotes,forms,orother school/homecommunications 22 Assaultinganotherstudentoradultthatdoesnotconstitutea mandatory removable or expellable offense Vandalism,includingdefacementofordamagetoschoolproperty, and graffiti not constituting a mandatory removable or expellable offense; inappropriate use of property that has the potential to cause damage or injury Failing to disclose information, hiding/covering up (for self or others)information/evidence,orlyingas a witnessduring a school investigation Engaginginbehaviorthatisillegalthatdoesnotconstitutea mandatory removable or expellable offense Engaginginsexualconduct Engaginginsexualharassment(oral,written,orbygesture), includingstalking Mooning,streaking,otherformsofnudity,exposingone’s undergarments or those of another Hazing,harassingorstalking(non---sexual) Creatingasituationthatmayconstitutea potentialhealthhazardor result in possible injury (bodily fluids, pulling chair out from someone, taking more than the recommended dosage of a medicine,etc.) Gambling Hacking/breachofcomputersecurity(illegalorunauthorized entry or attempted entry into computer files) Interferingwithschoolactivities,includingtrespassing,boycotting, and group demonstrations, and falsifying a “safety net” report Participatinginanunauthorizedorganization,secretsociety,or gang; gang-related activity Committingextortion,coercion,orblackmail Possessingacurrentprescription(student’sownmedication),or possessing,distributing,orusing a nonprescriptiondrug,natural and/or homeopathic---like substance, or dietary supplement All other Chapter 37 Offenses not listed; See Chapter 37 NOTES: School officials shall notify a local law enforcement authority if they suspect that criminal acts have occurred on school or Westlake Academyproperty or at a school---sponsored or school-relatedevent. These individuals also have the authority to involve law enforcement in anydiscipline or campus situation where it isdeemed necessary. Ifa student ischarged with afelonyoncampusorat aschool- relatedevent forany of the offenses listed at Level III, the student is automatically disciplinedat Level IV or V,as appropriate. Sponsors and coaches of extracurricular activities, such as interscholastic athletics and marching band, may develop and enforce standardsof behavior thatarehigher than thosein Westlake Academy’s Student Handbookand CodeofConduct andmayconditionmembershipor participationintheactivity onadherencetothosestandards. Thesponsors andcoaches willdevelopthosestandardsinconjunctionwith Westlake Academy’s Extracurricular Activities Student Handbook to help ensure consistency in standards and enforcement across all activities. Depending onthecircumstances,persistentmisconductatLevel IIImay resultinplacementina disciplinaryalternativeeducationprogram (DAEP). 23 LEVELIVDISCIPLINARYCHART--ALLGRADELEVELS LevelIVoffensesareprimarilyactsofmisconductresultinginmandatoryordiscretionaryremovalto a disciplinary alternativeeducationprogram(DAEP).TexasEducationCode37.006.Studentswhocommitoneofthemandatory removable offenses will be assigned to XXXXDAEP. LEVEL V DISCIPLINARYCHART--ALLGRADELEVELS Level V offenses are primarily acts ofmisconduct resulting in mandatory or discretionary expulsion. Texas Education Code 37.007. Students who commit one of themandatory expellable offenses will be assigned to a JuvenileJustice AlternativeEducationProgram(JJAEP). However,studentsunderthe ageoftenwhocommit an expellable offense will be assigned to XXXXDAEP. DISCIPLINARYCONSEQUENCESOUTLINEDEMERGENCYDAEP PLACEMENT/EXPULSION Theprincipalortheprincipal'sdesigneemayordertheimmediateplacementof a studentin a disciplinary alternativeeducationprogram(DAEP)iftheprincipalortheprincipal's designeereasonablybelievesthestudent's behavior is so unruly, disruptive, or abusive that it seriously interferes with a teacher's ability to communicate effectively with thestudent's class, with the ability of the student's classmates to learn, or with the operation of schoolor a school-sponsoredactivity. Theprincipalortheprincipal’sdesigneemayalsoordertheimmediateexpulsionof a studentiftheprincipal or the principal's designee reasonably believes that the action is necessary to protect persons or property from imminent harm. Westlake Academywill provide any required notices per state law to a student’s parents/guardians regarding emergency placement. When astudent is placed on emergency DAEP placement or expulsion, theAssistant Principalshall promptly notify thestudent’s parentbyphoneorin personof the violationresultinginplacement. Agoodfaith effort shall be made on the day the action was taken to provide the student for delivery to the student’s parent/guardian writtennotification of thedisciplinaryaction.Iftheparenthasnotbeenreachedbytelephone or in person by 5:00 p.m. of the first business day after the day the disciplinary action was taken, the Assistant Principalshallsend written notificationbyU.S.Mail.IftheAssistant Principalis not able to provide notice to the parent, the principal or principal’s designee shall providenotice. CONFERENCEORHEARINGRIGHTS When an emergency placement/expulsion occurs, the student will be given oral notice of the reason for the action.Thereasonmustbe a reasonforwhichplacementin a DAEPorJJAEPmaybemadein a non---emergency th basis.Within a reasonableamountof time after theemergencyplacement/expulsionbutnotlaterthanthe10 dayafterthedateofplacement,thestudentwillbegivenappropriateconferenceorhearingrightsrequiredfor a student facing placement in a DAEP or expulsion. The principal or principal's designee shall not be liable for civil damages for an emergency placement/expulsion. If an emergency placement/expulsion involves a student with disabilities whoreceives special educationservices, the term of thestudent’s emergency placement/expulsionis subject to the requirements of appropriate federal law. The student who is removed under an emergency placement/expulsion will be released to the student’s parent, guardian, parent’s representative, medical providers, orlawenforcementauthorities.Theconditions ofanemergencyplacement/expulsionmayrestrict the student's extracurricular activities according to the Student Handbook and Code of Conduct. DETENTIONS Forinfractions ofthe StudentHandbookandCodeofConduct, otherpolicies/regulations, orindividualclassroom rules, students may be assigned a campus detention before, during, or after school. Before assigning a student to a campusdetention,thestudentshallbeinformedoftheconduct that allegedlyconstitutestheviolation, and the student shall be given an opportunity to explain his/her version of the incident. Failure to serve a campus detention will result in a more serious consequence. NOTICETOPARENTS When a studentis assigneddetention, a copyofthedisciplinenoticeshallbegiventothestudenttoinform 24 his/her parents of the reason for the detention and to afford them an opportunity to arrange for the student’s transportation,ifnecessary.If a parentneedstochangethedate ortimeofanassigneddetention, this may be easily accomplished by calling the school or sending a signed note prior to the scheduled detention. CONFERENCE A studentwhoisassigned a campusdetentionmaybegivenaninformalconferencewiththeteacher,principal, or appropriate administrator advising thestudent of the conduct with which the student is charged and giving the student the opportunity to explain his or her version of the incident. RESTRICTIONS/PROHIBITIONS A student assigned to a campus detention is not prohibited from attending or participating in school-sponsoredor school-relatedactivities on or off school property, except during the actual timeframe of the detention. Penalties may beimposedbysponsorsofextracurriculargroups/organizationsinaccordancewithestablishedguidelines. COMPLAINT Once a disciplinaryconsequenceisassigned,thestudentisexpected toservetheconsequencetoavoid additional penalties. While there is no disciplinary appeal for a campus detention, parental questions or complaints regarding issues thatwereancillary totheconsequenceshouldbeaddressedinformallywith theteacher, Assistant Principal, Assistant Principal, orcampus principal, as appropriate. For example, a complaintmight allege that proper procedures were not followed. If these conferences are not satisfactory, parents may follow the formal complaint process in accordance with Board Policy XXXX. This process may not be used to overturn a disciplinary assignment. STUDENTSWITHDISABILITIES Before a studentwhohas beenidentifiedas having a disability under Section504 or IDEAcan beremoved to the DisciplinaryAlternativeEducationProgram(DAEP),orexpelled,anAdmission/Review/Dismissal(ARD) committee must conduct a manifestation determination. ROUTINEREFERRAL A routine referral occurs when a teacher sends a student to the Assistant Principal’s office or appropriate designee’s office as a discipline management technique. The Assistant Principalor appropriate designee shall employ alternative discipline management techniques, including progressive interventions. A teacher or administratormayremove a studentfromclassfor abehaviorthatviolatesthisCode to maintain effective discipline in the classroom. FORMALREMOVAL A teachermayalsoinitiate a formalremovalfromclassif: 1.Thestudent’sbehaviorhasbeendocumentedbytheteacher asrepeatedlyinterferingwiththe teacher’s ability to teach his or her class or with thestudent’s classmates’ ability to learn;or 2.Thebehaviorissounruly,disruptive,orabusivethattheteachercannotteach, and thestudentsin the classroom cannot learn. Within three school days of the formal removal, the Assistant Principalor other appropriate administrator shall schedule a conference with the student’s parent; the student; the teacher, in the case of removal by a teacher; the Assistant Principal; and any other administrator. At the conference, the studentshallbeinformedofthe misconductforwhichheorsheis chargedand theconsequences.Thestudent shall be given the opportunity to give his or her version of the incident. When a student is removed from the regular classroom by a teacher and a conference is pending, the Assistant Principalor appropriate administrator may place the student in: 1.Anotherappropriateclassroom; 2.In-school suspension; Out-of-school suspension;and/or 3. DAEP. 4. A teacheroradministratormustremove a studentfromclassifthestudentengagesinbehaviorthatunderthe 25 Texas EducationCoderequiresorpermitsthestudenttobeplacedinDAEPorexpelled.Whenremovingfor those reasons, the procedures relating to DAEP or expulsion shall be followed. RETURNINGSTUDENTTOCLASSROOM When astudenthasbeenformallyremovedfromclassby a teacherforconduct againstthe teachercontaining the elements of assault, aggravated assault, sexual assault, or aggravated sexual assault, the studentmay not be returnedtotheteacher’s class withoutthe teacher’s consent.When a studenthas beenformallyremoved by a teacher for any other conduct, the student may be returned to the teacher’s class without the teacher’s consent, if theplacementreviewcommittee determines that theteacher’s class is thebestor onlyalternative available. REQUIREDPARENTMEETING(RPM) If a RequiredParentMeeting(RPM)isrequestedfor astudent,a parent/guardianmustaccompanythestudent to school the nextschool day for a conference. If the parenthas prior commitments, the parent must contact the administrator to request a delay in the conference. If a delay is agreed upon, thestudent may return to school during thedelay.Studentabsences,causedby thestudent's failure toappearwith a parentorguardian, are considered unexcused absences. RPM does not constitute a removal from school. NOTICETOPARENTS Administrators will make reasonable efforts to contact parents when a RPM is requested. Parents will also be notifiedinwritingthat aRPMhasbeen requested, and theTransportationDepartmentwillbenotifiedthatthe student is not to ride the bus to school. REMOVALBYBUSDRIVER The driver of a school bus transporting students to or from school or a school-sponsoredor school-related activitymaysend a studenttotheAssistant Principalorprincipal'sofficetomaintaineffective disciplineon theschoolbus,orwhen a studentengagesinbehaviorthatviolatesthe StudentHandbookand Codeof Condu ct.TheAssistant Principalorprincipalshallrespondbyemployingappropriate disciplinemanagement techniquesconsistentwiththe StudentHandbookandCodeofConduct whichmay includetemporarily suspendingorpermanentlyrevokingschooltransportationprivileges.BoardPolicyXXXX. IN-SCHOOL SUSPENSION In-school suspension(ISS) is an in-housedisciplinary setting where a student may be assigned for infractions as appropriate.StudentsmaybeplacedinISSforanymisconductsetforthinthe StudentHandbookandCodeof Conduct. ISSisprovidedin an on campusclassroomsettingotherthanthestudent'sregularclassroom.The student'sregularclassroomteachersprovidedailycourseworkforthestudenttocomplete ina structured, non- socialsetting. Additionally, during thestudent’s period of suspension, the campus will provide the studentwith an alternativemeans of receiving all courseworkprovided inthe student’s foundationcurriculum classes thatthestudent misses as aresultofthesuspension.Oneoptionforreceiving thecourseworkwillnotrequiretheuse of the Internet. The Assistant Principal, principal, or principal’s designee shall notify a student’s parent/guardianwhen a studenthas beenassignedtoISS. A goodfaitheffortshallbemadeonthedaythe actionwastakentoprovidetothestudent fordeliverytothestudent’sparent/guardianwrittennotificationof thedisciplinaryaction.Iftheparenthasnot beenreachedbytelephoneorinpersonby5:00p.m.ofthefirst businessdayafterthedayISSisimposed,the Assistant PrincipalshallsendwrittennotificationbyU.S. Mail. A student who is assigned ISS will be given an informal conference with the Assistant Principalorothercampusadministratoradvisingthestudent of theconduct withwhichthestudentis chargedandgiving thestudent the opportunity to explainhis or her version of the incident.Thestudent assigned to ISS will also receive a copy of the discipline notice to be given to his/her parents. IN-SCHOOL SUSPENSIONPROHIBITIONS/RESTRICTIONS A student assigned to ISS is prohibited from attending or participating in school-sponsoredor school-related activities on or off school property exceptby special permission for educational-type events only(i.e. PSAT/SAT/ACTtestingand CollegeNight).Thestudentwillbeallowedtoattendand/orparticipateinschool sponsored or school-relatedactivities, including practice, on the day following the last day of the assignment. If the 26 studentreceives additional assignmentswhileservinganISSplacement,thisprohibitionisextendeduntiltheday following the completion of all consecutive assignments. Additional penalties may be imposed by sponsors of extracurricular groups/organizations in accordance with established guidelines. IN-SCHOOL SUSPENSIONTRANSFERS Town of Westlake willrequireastudentenrollinginWestlake AcademytocompleteanISSassignmentordered by theprevious school upon receipt of the written notice. OUT-OF-SCHOOLSUSPENSION Except asprovided below, an elementaryorsecondarystudent may be assigned out-of-school suspensionfor upto three (3) school days,with no limit on thenumber of times astudent may be suspended in a semester or school year. Students may be assigned to out-of-school suspensionfor any misconduct set forth in the Student Handbook and Code of Conduct. A student who is assigned an out-of-school suspensionwill first be given an informal conference with the Assistant Principalor other campus administrator advising the student of the conduct withwhich the student is charged and giving the student the opportunity to explain his or her version of the incident.In deciding whether to order out-of-school suspension, the Assistant Principalshall take into consideration self---defense, intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinaryhistory, whether the student has a disability that substantially impairs the student’s capacity to appreciate the wrongfulnessofthestudent’sconduct,a student’sstatus intheconservatorshipof theDepartmentof Familyand Protective Services, or a student’s status as student who is homeless.The student’s absence during an out-of-schoolsuspension shall be considered to bean excused absence. During the student’s period of suspension, the campus will provide the student with an alternative means of receiving all course work provided in the student’s foundation curriculum classes that the student misses as a result of the suspension. One option for receiving the courseworkwillnotrequiretheuseoftheInternet. Thestudentshallberesponsibleforall assignmentsmissedduring theperiodofsuspension.Ifthestudentsatisfactorilycompletesassignmentsfortheperiodof the out-of-school suspensionwithin a reasonable time determinedby Westlake Academy, no grade penalty willbe imposed. It isthe responsibility of the parent to provide adequate supervision of the student during the period of out-of- schoolsuspension. All bus privileges are revoked during the out-of-school suspensionperiod. Exception for Students Grade 2 and Below: A student who is in second grade or below shall not receive an out-of- schoolsuspension unless,while onschool property or ataschool-sponsoredor school-related activity on or offschool property,thestudentengages in(1)conductthatcontains theelements ofanoffenserelatedtoweapons; (2)conduct that contains the elements of assault, sexual assault, aggravated assault or aggravated sexual assault; or (3) selling, giving, or delivering to another person or possessing using or being under the influence of marijuana or a controlled substance, a dangerous drug, or an alcoholic beverage. Exceptionfor Students who are Homeless: A school Westlake Academymay notplace astudentwho is homeless in out-of-school suspension unless, while on school property or at a school-sponsored or school-related activity on or off school property,thestudentengagesin(1)conductthatcontainstheelementsofanoffenserelatedtoweapons;(2) conduct that contains the elements of assault, sexual assault, aggravated assault or aggravated sexual assault; or (3) selling, giving, or delivering to another personor possessing using or being under the influence of marijuana or a controlled substance, a dangerous drug, or an alcoholic beverage. The Assistant Principalmay coordinate with the school Westlake Academy’s homeless education liaison to identify appropriate alternatives to out-of-school suspension for a student who is homeless. NOTICETOPARENTS TheAssistant Principalwill notify a parent/guardianby phone, in personor inwriting on the day a studentisplaced inout-of-schoolsuspension.Inaddition,parents willbeprovidedwithwrittennotificationof student’s suspension. The notice will specify the nature of the offense, the length of the out-of-school suspension, due process rights, and othersanctions. OUT-OF-SCHOOL PROHIBITIONS/RESTRICTIONS A student who is assigned an out-of-school suspensionis prohibited from attending or participating in school sponsored orschool-relatedactivities onor offschool propertyexcept byspecial permission for educational-type 27 events only (i.e.PSAT/SAT/ACT testing and College Night). The student will be allowed to return to the campus and/ortoattend and/or participate in school-sponsoredor school-relatedactivities, including practice, on the day following the last day of the out-of-school suspension. Additional penalties may be imposed by sponsors of extracurricular groups/organizations in accordance with established guidelines. CONTINUATION OFPLACEMENT Ifa secondarystudentwithdraws from Westlake Academyafter being assigned asuspension andreturnswith in the same school year, the student will be required to serve the remainder of his/her out-of-school suspensionif the suspension was not completed atWestlake Academy. OUT-OF-SCHOOL SUSPENSIONTRANSFERS Town of Westlake willrequire astudent enrolling inWestlake Academy tocompletean out-of-school suspension ordered bythe previous school Westlake Academy upon receipt of the written notice. DISCIPLINARYALTERNATIVEEDUCATIONPROGRAM(DAEP) Misconductforwhichmandatoryordiscretionary disciplinary alternativeeducationprogram (DAEP) placement is a disciplinaryconsequenceisconsidered a LevelIV offense.Misconduct thatfallsunderotherLevelsmayalso result in DAEP placement. The Texas Education Code requires Westlake Academyto assign students to a disciplinary alternative education program (DAEP) for certain offenses. Town of Westlakeshall provide a DAEP that: 1.Isprovidedin a settingotherthan a student’sregularclassroom; Islocatedonoroff a regularschoolcampus; 2. 3.Providesfor thestudentswhoare assignedtotheDAEP tobeseparatedfromstudentswhoare not assigned to the program; 4.FocusesonEnglishlanguagearts,mathematics,science,history,andself-discipline; 5.Providesforstudents’educationalandbehavioralneeds; 6.Providessupervisionandcounseling; 7.Employsonlyteacherswhomeetallcertificationrequirementsestablishedunder SubchapterB, Chapter 21 of the Texas Education Code; and 8.Providesnotlessthantheminimumamountofinstructionaltimeperdayasrequiredby TEC25.082(a). XXXXserves as Westlake Academy’s DAEP site for all secondary students. Elementary students placed in a DAEP will be accommodated on their home campuses. In rare cases, an elementary studentmay be placedin a DAEPatanotherlocation.Elementarystudentsmaynotbeplacedin aDAEP with students notinelementary school. AsspecifiedintheTexasEducationCode, studentswhoareyounger than six years of age may not be removed from class and placed in a DAEP. Academically, the mission of a DAEP shall be to enable students to perform atgrade level. However, Town of Westlakeis notrequiredtoprovide a coursenecessarytofulfill a student’shighschoolgraduationrequirements other than the coreareasspecifiedaboveinitem#4whileplacedin a DAEPsetting.Studentsmaybewithdrawnfrom a courseforthe remainder of the semester ifthe course is notofferedat the DAEP.Advanced courses,suchas, but not limited to, Pre-AP, AP, dual credit, and CTE courses, are not offered at the DAEP. Westlake Academyis required to offer a student placed in a DAEP an opportunity to complete coursework necessary to stay on track for graduation before the beginning of the next school year.Westlake Academymay charge the student for any method of completion provided by Westlake Academy. DISCIPLINARYALTERNATIVEEDUCATIONPROGRAM(DAEP)MANDATORYPLACEMENT Student’scommittingoffensesforwhich mandatoryremovalto a disciplinaryalternativeeducationprogram (DAEP) isrequiredwillbeplacedattheDAEP. A studentshallberemovedfromclassandplacedina DAEPif the studentcommitsthefollowingonorwithin300feetofschoolproperty,asmeasuredfromanypointonthe school’s real property boundary line, or while attending a school-sponsoredor school-relatedactivity on or off school property: 1.Engagesinconductpunishableas a felony; 28 2.Engagesinconductthatcontainsthe elementsofthe offense ofassaultunder Section 22.01(a)(1), Penal Code; 3.Sells, gives, delivers to another person or possesses, uses, or is under the influence of: marijuana; a controlled substance,as definedby Chapter 481,HealthandSafetyCode,orby21USC Section 801etseq.; a dangerous drug,as definedby Chapter 483,Health and SafetyCode.;oranalcoholicbeverage,asdefinedby Section 1.04, Alcoholic Beverage Code, in any amount not punishable as a felony. (Note: A student with a valid prescriptionforlow---THCcannabisasauthorizedbyChapter487oftheTexasHealth and Safety Code does not violate this provision); 4.Commits a seriousact or offensewhileundertheinfluenceof alcohol,iftheconductisnotpunishable as a felony; 5.Engagesinconductthatcontainsthe elementsofanoffenserelatingtoan abusablevolatile chemical under Sections 485.031 through 485.033, Texas Health and Safety Code; 6.Engagesinconductthatcontainsthe elementsofthe offense ofpubliclewdnessunder Section 21.07, Penal Code, or indecent exposure under Section 21.08, Texas PenalCode; 7.Engagesinconductthatcontainsthe elementsofthe offense ofharassmentunder Section42.07(a)(1), (2), (3), or (7), Penal Code, against an employee of the school Westlake Academy. 8.Sells,gives,delivers, possesses,usesorisundertheinfluenceofdesignerdrugs,syntheticmarijuana, syntheticcannabinoids (suchas K2 or spice)stimulants (suchas bathsalts), or analogs ofanydrugin any form, regardless of whether currently scheduled or classified as an illegal drug under state or federal law and regardless of whether the substance is legally soldor marketed as “herbal incense,” potpourri”, “bath salts” or “not for human consumption.” 9.Possesses a deadlyweapon(Afirearmoranythingmanifestlydesigned,madeor adoptedforpurpose of inflicting death orserious bodily injury or anything that inthe manner of its use or intended use is capable of causing death or serious bodilyinjury.) 10.Possesses,otherthanonhisorherperson,oruses a location-restrictedknife. 11.Possesses,otherthanonhisorherperson,oruses a firearmorclubasdefinedbystatelaw. 12.Engagesinexpellableconductifthestudentisbetweensixandnineyearsofage;or 13.Engagesin a federalfirearmoffenseifthestudentissixyearsofageoryounger. 14.A student in possession of any device not included as a removable or expellable offense by statute that is designed to propel a projectile either by a spring---type mechanism, air, or gas shall also be removed from class and placed in a DAEP according to local policy. This includes, but is not limited to, items such as BB---guns, pellet guns, paintball guns, slingshots, etc. Inlieu ofmandatory placementin a DAEP,Westlake Academymayexpel a studentforconductlisted aboveand referenced in Board Policy XXXX. A student shallalsoberemovedfromclassandplacedin a DAEPbasedonconductoccurringoffcampusand while the student is not in attendance at a school-sponsoredor school-relatedactivity if: Thestudentreceiveddeferredprosecutionunder Section53.03,TexasFamilyCode forconduct 1. defined as a felony offense in Title 5, Texas Penal Code or aggravatedrobbery; 2.A court or jury finds that thestudent has engaged in delinquent conduct under Section 54.03, TexasFamilyCode, forconductdefinedas a felony offensein Title 5,PenalCode or aggravated robbery;or The Superintendent or the Superintendent's designee has a reasonable belief that the student has 3. engagedinconductdefinedas afelonyoffenseunder Title 5, TexasPenal Code oraggravatedrobbery. In addition,ifitem#1or#2aboveregardingTitle 5 feloniesor aggravatedrobberyapplies,regardlessofwhen or where the offense occurred, the studentmay be placedin aDAEP after an opportunity for a hearing in accordance with TEC 37.0081. A studentshallbeplacedin aDAEP who,engagesin thefollowingmisconduct,regardlessofwhethertheconduct occurred on or off campus: 1.Conductinvolving a publicschoolthatcontainstheelementsoftheoffenseoffalsealarmorreportunder Section42.06,PenalCode, orterroristicthreatunder Section22.07PenalCo de; 29 2.Retaliationagainstanyschoolemployeeorofficial; 3.Criminalmischiefifthedamageislessthan$2,500butequaltoorgreaterthan$50;or 4.Isaregisteredsexoffenderundercourtsupervision,probation,communitysupervisionorparole Students who are: (1) convicted of continuous sexual abuse of a young child or disabled individual; or (2) convicted,receivedeferredadjudicationordeferredprosecution, beenfoundtohaveengagedindelinquent conduct or conduct in need of supervision, or been placed on probation for either sexual assault or aggravated sexualassaultoragainstanother studentassignedtothesamecampus atthetime the offense occurredwillbe placed in DAEP (or JJAEP as appropriate) on therequest of the victim’s parents/guardians if the victim student doesnotwish totransfer,and thereisonlyonecampusservingthatgradelevel.Placementinthiscircumstance may be for any length of time considered necessary. DISCIPLINARYALTERNATIVEEDUCATIONPROGRAM(DAEP)DISCRETIONARYPLACEMENT Astudent maybeplaced intheDAEP(inlieuofexpulsion)whoisfoundtohaveengaged intheoffenseof aggravatedrobberyunder Section29.03,PenalCode,againstanotherstudent,withoutregardtowhetherthe conductoccursonor offofschool property or whileattending a school-sponsoredor school related activityon or off of school property. AstudentmaybeplacedintheDAEP(inlieuofexpulsion)whoisfoundtohaveengagedinconductdescribed in TEC37.007(a)ifthestudentengagesinthatconductontheschoolpropertyofanotherWestlake Academyin thisstate or while attending a school-sponsoredor school-relatedactivity of a school in another Westlake Academyin this state. Students who continue to engage in serious or persistent misbehavior at the home campus may be recommended for adiscretionaryplacementat theDAEP. Astudentmay alsobe placedinDAEPforcommitting any other offense included in this Student Handbookand Code of Conduct other than those offenses to which mandatory expulsion applies. Astudent maybeplaced inDAEPforanyofthefollowing misconductifcommittedwhileonschoolproperty, within300 feetofschoolpropertyasmeasuredfromanypointontheschool’srealpropertyboundaryline,or while attending a school-sponsoredor school related activity on or off school property: 1.Possessing,giving,buying,orsellinglessthanauseable amount ofstems,seeds,orotherpieces of marijuana; 2.Possessing, using, selling, buying or giving paraphernalia related to any prohibited substance, includingbutnotlimitedtomarijuana,acontrolledsubstance,a dangerous drugoranalcoholic beverage; 3.Abusing thestudent’s ownprescriptiondrug or using itinaway other than prescribed;giving, buying orsellingaprescriptiondrug;possessing,using,orbeingundertheinfluenceofanother’sprescription drug; Offeringtosellorbuyanyamountofmarijuana,acontrolledsubstance,adangerousdug, an 4. abusable volatile chemical, a prescription drug, or an alcoholic beverage;or 5.Preparingahitlist. Inaddition,a studentmayberemovedfromclassand placedin a DAEPbasedon conductoccurringoffcampus and while the student is not in attendance at a school-sponsoredor school-relatedactivity if: 1.The Superintendent or the Superintendent's designee has a reasonable belief that the student has engagedinconductdefinedasafelonyoffense(other than thosedefinedasaTitle 5felony offenses or aggravated robbery); and the continued presence of the student in the regular classroom threatens thesafetyofother students orteachers or willbedetrimental tothe educationalprocess. 2.OffcampusconductforwhichDAEPplacementisrequiredbystatelawwhentheadministratordoes not learn of the conduct until more than a year passes after the conductoccurred. Indeterminingwhetherthereis areasonablebeliefthatastudenthasengagedinconductdefinedas afelony 30 offense by the Penal Code, the Superintendent or the Superintendent's designee may consider all available information,including theinformationfurnishedunder Article 15.27,CodeofCriminalProcedures.The Article15.27 noticeshallbeconsideredbythe Superintendentinmakingthat determination.Thelength ofstay for this offense will be determined on an individualbasis. A studentmayalsobeplacedinDAEPifthestudentengages inthefollowingmisconduct,regardless ofwhether the conduct occurred on or off campus 1.Involvement in a criminal street gang, including participating as a member or pledge, or encouraging,soliciting,recruiting,enablingorcausinganotherpersontobecomeapledgeor memberofagang; 2.Involvement in a public-school fraternity, sorority, or secret society, including participating as a memberorpledge,orsolicitinganotherpersonto becomeapledge ormemberofapublicschool fraternity, sorority, or secret society; Section 37.121 Texas EducationCode 3.Ifthestudentisaregisteredsexoffenderwhoisnotunderany form ofcourtsupervision.Aregistered sex offender who is not under any form of court supervisionwill be placed in regular classes if the studentis not athreattothesafety of others, is not detrimental to theeducational process, andsuch placement is not contrary to the best interests of Westlake Academy’s students; or 4.Ifthestudentengagesincriminalmischiefifthedamageislessthan$750; 5.Ifthestudentengagesinbullyingthatencourages astudentto commitor attempttocommitsuicide,or incites violence against a student through group bullying; or 6.Ifthestudentreleases orthreatens toreleaseintimatevisualmaterialofaminoror astudentwhois 18 years of age or older without the student’s consent. DISCIPLINARYALTERNATIVEEDUCATIONPROGRAM(DAEP)EMERGENCYPLACEMENT The principal or principal's designee may order the immediate placement of a student in an off campus DAEP if the principal or principal's designee reasonably believes the student's behavior is so unruly, disruptive, or abusive that it seriously interfereswith a teacher’s ability to communicate effectivelywith the students in a class, with the ability of the student'sclassmatesto learn,or with the operationof the school ora school-sponsoredactivity. TEC37.19.Nolaterthanthetenthdayafterthedateofthe emergencyDAEPplacement,the studentwillbe givena conferenceasrequiredfor regularplacement in DAEP. (See"EmergencyPlacement/Expulsion") INFORMATIONRELATEDTODISCRETIONARYAND/ORMANDATORYDAEPPLACEMENTS LengthofRemoval case---by---case basis using the criteria The length of a student’s placementin DAEP will bedetermined ona identifiedintheGuidelinesforassessingDisciplinary Consequencessetforthhereinabove.The minimum assignmentforsecondarystudentsassignedtotheDAEPforengaginginconductthatconstitutesadiscretionary ormandatory removaltoaDAEPwillbefor45days.Ifanoffenseoccursduringthe secondgradingperiodorthe fourthgradingperiodoftheschoolyear,thestudentwillbe placedattheDAEPthroughtheendofthenext semester.Elementarystudentsengaginginconductthatconstitutesadiscretionaryormandatoryremovalto DAEPwillbeplacedinaccordancewithlawandinconsiderationoftheageandmaturityofthechild.The minimumDAEPplacementforelementarystudentswillbeforone(1)dayandamaximumplacementof45 days.Astudentwhoisyoungerthansix(6)yearsofagemaynotbeplacedinaDAEP.Elementarystudentsmay notbeplacedinaDAEPwithstudentsnotinelementary.Ifanadministratorrecommendsaperiodofplacement thatisinconsistentwiththeseguidelines,noticeoftheinconsistencymustbeprovidedinthewrittennoticeto theparent. Students placed in DAEP at the end of the school yearmay be required to complete the assigned term at the beginning of the nextschool year. For DAEP placement to extend beyond the end of theschool year, itmust be determined that (1) the student’s presence in the regular classroom or campus presents a danger of physical harm to the student or others; or (2) thestudent engagedin serious or persistentmisbehavior that violates Westlake Academy’s Student Handbook and Codeof Conduct.For purposes of this standard only, “serious or persistent” misbehaviormeansanymisconductidentifiedasbeing punishablewith placementinDAEP orexpulsionorthree 31 ormoreviolationsofthe StudentHandbookandCodeofConduct orrepeatedoccurrencesofthesameviolation. PlacementinDAEPmayexceed oneyearwhenareviewby Westlake Academydetermines thatthestudentis a threatto the safety of other students or to Westlake Academyemployees. Texas Education Code 37.009(a). Studentswhocommitanoffensethatrequiresamandatoryremoval toaDAEPwhile alreadyassigned to the DAEPwillface thedisciplinaryconsequenceofthenew offenseas setforthherein.Parents willbenotifiedin writing of the additional misconduct and will be informed of the appropriate procedures based on the disciplinary consequence assessed. StudentsassignedtoaDAEPinwhichtheperiodofplacementextendsintothenextschoolyearmusthavetheapproval oftheappropriateprincipalsandareviewcommitteeinordertoattendsummerschoolinTown of Westlake. Students who engage in documented serious misconduct despite documented behavioral interventions while assigned to the DAEP may be expelled to a Juvenile Justice Alternative Education Program (JJAEP). NoticetoParents IfanorderisenteredplacingastudentinDAEP,parentswillbeprovidedwithwrittennotificationofthe studentplacementbytheAssistant Principal.Thenoticewillspecifythenatureoftheoffense,the length of the assignment, due process rights, and other sanctions.A student removed to either an on---campus or off campus disciplinary alternative education program is prohibited from attending or participating in school---sponsored or school-relatedactivities on or off school property except by special permission from their home campus principal. This restriction includes seeking or holding honorary positions and/or membership in school---sponsoredclubsand organizations.Additionalpenalties may beimposedbysponsorsofextracurricular groups/organizationsin accordancewithestablishedguidelineswhenthestudent returnstothecampus.The studentwillbeallowedto returntotheirhomecampusand/ortoattendand/orparticipateinschoolsponsored or school-relatedactivities, including practice orparticipationin extracurricularactivities,on theday following thelastdayoftheDAEP placement.SeniorswhocompletetheirassignmentattheDAEP mayparticipateat graduation if graduation requirements are met. Seniors whose assignments extend into the next school year may receive their diploma if graduation requirements aremetattheendoftheschoolyearandarenot obligatedtocontinue theirassignmentinthefall; however, these students will not be allowed to participate at graduation. Transportation An elementary student placed in an on-campus DAEP will not be provided school sponsoredtransportation. A secondarystudentplaced inaDAEPwillnotbeprovidedtransportation. DISCIPLINARYALTERNATIVEEDUCATIONPLACEMENT(DAEP)CONFERENCE Not later than the third-classday after the day on which a student is removed from class, the Assistant Principal or other appropriate administrator shall schedule a conference among the Assistant Principal, or other appropriate administrator, a parent or guardian of the student, and thestudent. The conferencemay be held over the phone with the designated individuals present with parent permission. At the conference,the student is entitled to written or oral notice of the reasons for the removal, an explanation of the basisfortheremoval,andan opportunitytorespondtothereasonfor theremoval.Thestudentmay not be returnedtoclasspending the conference.Followingtheconference,andwhether ornoteachrequestedperson is inattendanceafter valid attempts torequiretheperson's attendance, theAssistant Principalshall prepare a written placement order for the placement of the student in DAEP. In deciding whether to place a student in DAEP, regardless of whether the action is mandatory or discretionary, the Assistant Principalshalltakeintoconsiderationtheself---defense,intent orlackofintentatthetimethestudent engaged in the conduct, the student’s disciplinary history or whether the student has a disability that substantially impairs thestudent’s capacity to appreciate the wrongfulness of the student’s conduct.Students for whom a recommendationismadeforassignment to theoff campusDAEPwill besuspendedforthree(3) schooldays prior to reporting to the DAEP to allow time for the conference and for transportation to be arranged. Parents, who wish to do so, may transport their student to a DAEP on the first day 32 of recommended removal. TEC37.009 DISCIPLINARYALTERNATIVEEDUCATIONPLACEMENT(DAEP)COMPLAINTS Once a disciplinary consequence is assigned, the student is expected toserve the consequence to avoid additionalpenalties.Whilethereisnodisciplinary appealforDAEPplacements whichdonotextendbeyond60 days or the end of the next grading period, whichever is earlier, parental questions or complaints regarding issues that were ancillary to the consequence should be addressed informally with the teacher, Assistant Principal, or campus principal, as appropriate. For example, a complaint might allege that proper procedures were not followed. If these conferences are not satisfactory, parents may follow the formal complaint process in accordance with Board Policy XXXX. This process may not be used to overturn a disciplinary assignment. DISCIPLINARYALTERNATIVEEDUCATIONPLACEMENT(DAEP)APPEALS Assignmentsto a DAEPthatdonotextendbeyond60daysortheendofthenextgradingperiod,whicheveris earlier,maynotbeappealed.Ifplacementin a DAEPextendsbeyond60daysortheendofthenextgrading period,whicheverisearlier,thestudentand/orthe student’sparentorguardianwillbegivennoticeandthe opportunitytoparticipatein a proceedingbeforethebuildingprincipaloranimpartialhearingofficer.Texas EducationCode37.009(b).Theparent mustnotifytheAssistant Principalorprincipalinwritingwithin three(3) schooldaysofreceiptofthedisciplinarynoticeif a hearingistoberequested.Inordertoappealthe campus- level hearing decision, a written request for an appeal must be submitted to the Superintendentwithinthree(3)school daysof thenoticeoftheAssistant Principal’s decisionortherighttoappealiswaived.Thestudentwillbeplaced intheDAEPduringtheappealprocess. TheSuperintendentwillcontacttheparentwithinfive(5)schooldaysof receiptof a timelywrittenrequestfor appealtoscheduleto heartheappeal.Theproceedingwillberecordedto provideanaccuraterecordofthe proceedingsandtheparentswillbenotifiedinwritingofthedecisionas promptly as possible. The decision at Superintendent’s level is final. However, parents/students may still exercise theirrighttoavailthemselvesofthe complaintprocessoutlinedinBoardpolicyXXXX. A disciplinary consequencecannotbeoverturnedas a result ofthecomplaint process. HEARINGPROCEDURESFORDISCRETIONARYDAEPPLACEMENTSFORTITLE V FeloniesandAggravatedRobberyOnly If a student is being recommended for expulsion to the DAEP for a Title V felony or aggravated robbery according to Texas Education Code 37.0081, thestudent is entitled to an appeal hearing regardless of the length oftheplacementintheDAEPfollowingtheprocessdescribedby"Appeals"above.Atthecampus-levelhearing, theAssistant Principal’sorBoard’sdesigneemustdeterminethatthestudent'spresencein the regular classroom: Threatensthesafetyofotherstudentsorteachers; 1. Willbedetrimentaltotheeducationalprocess;or 2. 3.IsnotinthebestinterestsofWestlake Academy’sstudents.Thestudent’s placementmaybeorderedregardlessof: 1.Thedateonwhichthestudent'sconductoccurred; 2.Thelocationatwhichtheconductoccurred; 3.WhethertheconductoccurredwhilethestudentwasenrolledinWestlake Academy; or 4.Whetherthestudenthassuccessfullycompletedanycourtdispositionrequirements imposed in connection with the conduct. ThestudentplacedintheDAEP under thisprovisionisentitled toperiodicreviewsas prescribedfor any other student assigned to the DAEP. PLACEMENTREVIEWSFORLONGTERMPLACEMENT A studentplacedin a DAEPshallbe provided a reviewofthestudent’s status, including areviewofthestudent's academic status, by the Board's designee at intervals not to exceed 120 days. In the case of a high school student, the Board's designee, with the student's parent or guardian, shall review the student's progress towards meeting high school graduation requirements and shall establish a specific graduation plan for the student. (Westlake Academyisnotrequiredtoprovidecourses other thanthosespecifiedinstatutewhile thestudentis attending a 33 DAEP.)At thereview, thestudent or thestudent’s parentor guardianmustbegiventheopportunity to present arguments for the student’s return to the regular classroom or campus. The student may not be returned to the classroom of a teacher who removed the student without that teacher’s consent. The teacher must not be coerced to consent. PLACEMENTREVIEWSUNDERARTICLE15.27(g) When the Superintendent or the Superintendent's designee receives notice und er Article 15.27(g), Code of Criminal Procedure, i.e. the office of the prosecuting attorney or the office or officer designated by the juvenile court notifies Westlake Academythat prosecution of the student's case was refused for lack of prosecutorial merit or insufficientevidence,orthecourtorjuryfound thestudentnot guiltyormadeafinding that thestudentdidnot engage in delinquent conduct or conduct in need of supervision and the case is dismissed with prejudice, the Superintendentordesigneeshallreviewthestudent's placementin theDAEP.Thestudentmay not bereturnedto the regular classroom pending the review. The Superintendent or designee shall schedule a review of the student's placement with the student's parent or guardian not later than the third class day after the Superintendent or designee receives notice from the officeor official designated by the court. After reviewing the notice and receiving information from thestudent’s parent or guardian, the Superintendent or designee maycontinue the student'splacementin theDAEPifthereisreasontobelievethatthepresenceofthestudent in the regular classroom threatens the safety of other students or teachers. TEC37.009(e) The student or the student's parent or guardian may appeal the Superintendent's decision described above to the BoardofTrustees.Thestudentmaynotbereturnedtotheregular classroom pendingtheappeal.TheBoard shall, at the next scheduled Boardmeeting, review the notice provided under Article 15.27(g) of the Code of Criminal Procedure, and receive information from the student, the student's parent or guardian, and the Superintendent or designee and confirm or reverse the decision described above. If the Board confirms the decision of the Superintendent or designee, the Boardshall inform the student and the student's parent or 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. This appeal process does not apply to placement to the DAEP made in accordance with Texas Education Code37.006(a). ORDEROFREMOVAL An appropriate campus administrator shall deliver to thestudent and the student’s parent or guardian a copy of a written order placing the studentin a DAEP. If an administrator removes a student to a DAEP for misconduct for which the penalty is mandatoryremoval and the term of the removal extends beyond 60 days or theendof thenextgradingperiod, whicheverisearlier,nolaterthanthesecondbusinessdayafterthe date of a final appeal hearing is held by the Board or its designee, the Board or designee shall deliver a copy of the order placing the studentinaDAEPtotheauthorized officer ofthejuvenilecourtinwhichthestudentresides. NOTICETOSTAFF The law requires Westlake Academyto notify each educator who has responsibility for, or is under the direction and supervisionofaneducator whohasresponsibilityfor,theinstruction ofastudentwhohasengagedin an offense requiring placement in a DAEP. Each educator shall keep the information confidential from any person not entitled to the information. Texas Education Code 37.006(o) TRANSITIONPLAN As soon as practicable after a DAEP determines the date of a student’s release from the program, the DAEP administrator will provide written notice of that date to thestudent’s parent/guardian and the administrator of the campus to which the student intends to transition, andprovide the campus administrator an assessment of the student’s academic growth while attending the DAEP and the results of any assessment instruments administered tothestudent. Notlaterthan five(5)instructionaldays after thedateofastudent’s releasefroma DAEP,the campus administrator willcoordinatethestudent’stransitiontoaregularclassroom.Thecoordination must include assistanceandrecommendations from school counselors,schoolresource officers, licensedclinical social workers, Assistant Principals, classroom teachers who are or may be responsible for implementing the student’s personalized transition plan, and any other appropriate Westlake Academypersonnel. The required assistance 34 must include a personalized transition plan for the student developed by the campus administrator. Apersonalized transitionplanmustincluderecommendationsforthe best educationalplacement of the student, and may include: 1.recommendationsforcounseling, behavioralmanagement,or academicassistanceforthestudentwith concentration of the student’s academic or career goals; 2.recommendationsforassistanceforobtainingaccesstomentalhealthservicesprovidedbyWestlake Academyor school, a local mental health authority, or another private or public entity; 3.theprovisionofinformationtothestudent’sparent/guardianaboutthe processtorequestafull individual and initial evaluation of the student for purposes of special education services; and aregularreviewofthestudent’sprogresstowardthestudent’sacademicorcareergoals. 4. Ifpracticable,thecampusadministrator,ortheadministrator’sdesignee,willmeetwiththestudent’s parent/guardian to coordinate plans for the student’s transition. TEC 37.023 REPORTING In themannerrequiredbytheTexasCommissionerofEducation,Westlake Academyshallannuallyreportforeach placement in a DAEP: Information identifying the student, including thestudent's race, sex, and date of birth that will 1. enabletheagencytocompareplacementdatawithinformationcollectedthroughotherreports; 2.Informationindicatingwhethertheplacementwasbasedon: a.Conductviolatingthestudentcodeofconduct; Conductforwhichastudentmayberemovedfromclassunderteacherremovalprovisions; b. c.ConductforwhichplacementinaDAEPisrequired;and/or d.ConductoccurringwhileastudentwasenrolledinanotherschoolWestlake Academyandforwhich placement in a DAEP is permitted; 3.Thenumberoffullorpartialdays thestudentwasassignedtotheprogram andthenumber ofdays the student attended the program; and 4.ThenumberofplacementsthatwereinconsistentwithWestlake Academy’s StudentHandbook andCode of Conduct. Texas Education Code 37.020 In addition, Westlake Academyisrequiredtoforwardacopy of theorder ofremovalforstudents placedina DAEPunder TEC 37.006 to the authorized officer of the juvenile court inthe county in which the studentresides. TEC 37.010(a) WITHDRAWAL DURINGPROCESS When a student recommended for placement in the DAEP withdraws from Westlake Academybefore the placement order is completed, Westlake Academymay complete the proceedings and issue a placement order. If the placement orderisnotcompleted, thenextWestlake Academyinwhich thestudent enrollsmaycomplete the proceedingsandissuea placement order. If a student placed in a DAEP enrolls in another school,Westlake Academyis requiredtoforward acopy ofthe placementorderalongwithotherstudent records. If a secondary student withdraws from Westlake Academyafter being assigned to a DAEP and returns within the same school year or in theschool year in which the placement ends, the student will be required to serve the remainder of his/her time in the appropriate DAEP. Texas Education Code37.009(i) TRANSFERS Town of Westlakewill require a studentcoming from a DAEPinanother school Westlake Academy,an open--- enrollmentcharter school, or a private school to complete his/her DAEP assignment in Town of Westlake as specified upon receipt of thewritten order.Thedetermination of anappropriateplacementwillbemade on a case---by---case basisand based on whether the grounds for placementare consistentwith theStudentHandbookand CodeofConduct. Westlake Academyis required to provide information regarding a transferring student's conduct resulting in a DAEP placement to staff membersasnotedpreviouslyat"NoticetoStaff."TexasEducationCode37.009(i) IfastudentenrollinginWestlake Academyis undertheage of 18years andis establishingaresidenceseparateand apart from the person's parent/guardian, Westlake Academyis not required to admit the student if the student: 1.Hasengagedinconductormisbehaviorwithinthepreceding yearthathasresultedinremoval to a 35 DAEP or expulsion; Hasengagedindelinquentconductorconductinneed ofsupervisionandisonprobation or 2. other conditional release for that conduct; or 3.Hasbeenconvictedofacriminaloffenseandisonprobationorotherconditionalrelease. TexasEducationCode 25.001(d) EXPULSION Misconductforwhichmandatoryanddiscretionaryexpulsion is adisciplinaryconsequentis consideredaLevelV offense. For some Level V offenses, expulsion is mandatory. A studentmust be expelled for anyLevel V offense requiring expulsion in compliance with Chapter 37 of the Texas Education Code. MANDATORY EXPULSIONS Astudentshallbeexpelledfromschoolifthestudent,onschoolpropertyorwhileattendingaschool-sponsoredor school-relatedeventonoroffschoolproperty: 1.Possessesorusesahandgun(afirearmdesigned,made or adoptedtobefiredwithonehand), location-restricted knife, or club on or about his or her person. 2.Possesses,manufactures,transports,repairs,orsells oneofthefollowingprohibitedweapons: an explosive short---barrel firearm, firearm silencer, armor---piercing ammunition, chemical weapon, machine gun, dispensing device, zip gun, tire deflation device, or improvised explosive device. (Note: A student will not beexpelledforusing,exhibiting,orpossessingafirearmatanoff campusapprovedtargetrange facilitythat isnotlocatedonaschoolcampus, whileparticipatinginorpreparingforaschool--- sponsored shooting sports competition, or while participating in or preparing for a shooting sports educational activity sponsored or supported by the Texas Parks and Wildlife Department or organization working with the Department.)Texas Education Code37.007(k). 3.Engagesinconductthatcontainstheelementsoftheoffenseof: a.Aggravatedassaultunder22.02, PenalCod e,sexual assaultunder22.011, PenalCode,or aggravated sexual assault under 22.021, Penal Code; b.Arsonunder28.02,PenalCode; c.Murderunder19.02, PenalCode,capitalmurderunder19.03, PenalCode, orcriminalattempt to commit murder or capital murder under 15.01, PenalCode; d.Indecencywithachildunder21.11,PenalCod e; e.Aggravatedkidnappingunder20.04,PenalCode; f.Aggravatedrobberyunder29.03,PenalCode; g.Manslaughterunder19.04,PenalCode; Criminallynegligenthomicideunder19.05,PenalCode;or h. i.Continuoussexualabuseofayoungchildordisabledindividual. 4.Engagesinthefollowingconduct,iftheconductispunishableas afelony: a.Sells,gives,ordeliverstoanotherpersonorpossesses,uses,orisundertheinfluenceof: i.Marijuanaoracontrolledsubstance,asdefinedby Chapter481,HealthandSafetyCode,orby 21USCSection801etseq.;or ii.Adangerousdrug,asdefinedby Chapter483,HealthandSafetyCod e. b.Sells,gives,or delivers toanotherperson, uses,oris under theinfluenceofanalcoholicbeverage, asdefinedby Section1.04, AlcoholicBeverageCode;orcommitsaserious actoroffensewhile under the influence of alcohol; or possesses, uses, or is under the influence of an alcoholic beverage. A student shall be expelled if the student, by committing a state---mandated expellable offense, retaliates against any employee or volunteer in retaliation for or as a result of the person's employment or association with Westlake Academywithout regard to whether the conduct occurs on or off school property or while attending a school--- sponsored or school-relatedactivity in or off school property. A studentshallalsobeexpelledifthestudentbrings afirearm,as defined by 18USCSection921,toschool.The 36 student must be expelled from the student's regular campus for a period of atleast one year, except that: 1.TheSuperintendentorotherchiefadministrative officerofWestlake Academymaymodify the lengthof the expulsion in the case of an individual student; Westlake Academyshall provideeducationalservicesto anexpelledstudentin aDAEPifthe 2. studentis younger than ten (10) years of age on the date of expulsion;and 3.Westlake Academymayprovideeducationalservicestoanexpelledstudentwhois ten(10)years of age or older in a DAEP. DISCRETIONARYEXPLUSIONS A student may be expelled if the student, while placed in an off campusdisciplinary alternative education program (DAEP)fordisciplinaryreasons,engagesinseriousmisbehaviordespitedocumentedbehavioralinterventions. Astudentmaybeexpelledif,whileonschoolproperty,whilewithin300feetofschoolpropertyasmeasured from any point on the school's real property boundary line, or while attending a school-sponsoredor school---related eventonoroffschoolproperty,thestudentengagesinconductthatcontainstheelementsofanoffense of: 1.Assaultunder Section 22.01(a)(1),PenalCode againstaWestlake Academyemployeeor avolunteer resultingin bodily injury; or 2.Deadlyconductunder Section22.05,PenalCode. Astudentmaybeexpelledforengaginginthefollowing offensesthatoccurwithin 300 feet ofschoolpropertyas measured from any point on Westlake Academy’s real property boundary line: Possessesafirearm,asdefinedbyfederallaw; 1. 2.Possesses oruses ahandgun(afirearmdesigned,madeoradoptedtobefiredwithonehand),illegalknife, or club on or about his or her person. (Note: A student will notbe expelled for using, exhibiting, or possessing a firearm at an off campusapproved target range facility that is not located on a school campus, whileparticipatinginorpreparingforaschool-sponsoredshootingsportscompetition,or while participating in or preparing for ashootingsports educational activitysponsored orsupported by the Texas Parks andWildlifeDepartmentor organizationworkingwith the Department.)TexasEducationCode 37.007(k). 3.Possesses,manufactures,transports,repairs,orsellsoneofthefollowingprohibitedweapons: an explosive weapon, machine gun, short---barrel firearm, firearm silencer, armor---piercing ammunition,chemicaldispensingdevice,zipgun,tiredeflation device,orimprovisedexplosive device. 4.EngagesinthefollowingmisconductasdefinedintheTexasPenalCode:(1)aggravatedassault, (2)sexualassault,(3) aggravatedsexualassault,(4)arson,(5)murder,(6)capitalmurder,(7)criminal attempt tocommit murder or capital murder, (8) indecencywithachild, (9) aggravated kidnapping, (10) aggravatedrobbery,(11)manslaughter,(12)criminallynegligenthomicide,or(13)continuous sexual abuse of a young child or disabled individual. Engagesinthefollowingconduct,iftheconductispunishableasafelony: 5. a.Sells, gives, or delivers to another person or possesses, uses, or is under the influence of: (1) Marijuanaoracontrolledsubstance,asdefinedby Chapter481,TexasHealthandSafetyCode,or by 21 USC Section 801 et se q.; or a dangerous drug, as defined by Chapter 483,Texas Health and Safety Code. b.Sells, gives, or delivers to another person an alcoholic beverage, as defined by Section 1.04, TexasAlcoholicBeverageCode;commitsaseriousactoroffense whileundertheinfluence of alcohol, or possesses, uses, or is under the influence of an alcoholicbeverage. Astudentmayalsobeexpelledfor thefollowingoffenses,regardless of whethertheconducttookplace onor off school property: 1.Committing aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder,criminalattempttocommitmurder,or aggravatedrobberyagainstanotherstudent; 2.Retaliatingagainstaschoolemployeeorvolunteerbycommittinganassaultresultinginbodilyinjury; 3.Engagingincriminalmischiefifthedamageis$2,500ormore; 37 4.Engaginginabreachofcomputersecuritybyaccessing acomputer,computernetworkorcomputer system owned by or operated on behalf of a school Westlake Academywithout consent and knowingly alters, damages, or deletes school Westlake Academyproperty or information or breaches any other computer, computer network or computer system; 5.Committing a state---mandated expellable offense on the school property of another Texas School Westlake Academyorwhile attendinga schoolsponsoredorschool relatedactivity of another Texasschool Westlake Academy; Engaginginbullyingthat encouragesastudent tocommit orattempttocommitsuicide,orincites 6. violence against a student through group bullying; or 7.Releasing or threateningtoreleaseintimate visualmaterialof aminororastudentwhois18yearsof age or older without the student’s consent. TitleVFeloniesRegardlessofLocation.Inadditiontotheexpellableconductlistedabove, astudentmay alsobe expelled and placed in DAEP if the student: IsarrestedforaTitleVfelonyoffenseoraggravatedrobbery; 1. 2.IschargedwithengaginginaTitleVfelonyoffenseoraggravatedrobbery; 3.Receiveddeferredadjudicationordeferredprosecutionfora TitleVfelonyoffenseoraggravated robbery; 4.IsonprobationforaTitleVoffenseoraggravatedrobbery; 5.Wasfoundbyacourtorjuryto haveengagedindelinquentconductforaTitleVfelony offense or aggravated robbery; 6.Hasbeenreferredtoa juvenilecourt fordelinquentconductbasedonaTitleVfelony offense or aggravated robbery; 7.WasconvictedofaTitleVfelonyoffenseoraggravatedrobbery;and 8.Theadministratordeterminesthestudent’spresenceintheregularclassroomthreatensthesafetyof otherstudentsor teachers,isdetrimental tothe educationalprocess,orisnotin thebestinterestsof Westlake Academy’s students.In this circumstance, expulsion to analternative setting may be ordered regardlessof: (1)the date on which the conduct occurred, (2) the location atwhich the conduct occurred, (3) whetherthestudentwasenrolledinWestlake Academyatthe timetheconduct occurred, or(4) whetherthe student successfully completed any court disposition requirement regarding the conduct. A studentmay be subject to an expulsion under this circumstance until: (1) the student graduates from high school, (2) the charges are dismissed or reduced to a misdemeanor, (3) thestudent completes the term of the placement, or (4) Westlake Academyassigns thestudent to another program.The studentwill be entitled tothe same periodicreviewaffordedtootherstudentsinalternatesettings. Anexpulsionorderinthiscaseis final and may not be appealed beyond the Board of Trustees.Texas Education Code37.0081. DISCRETIONARYEXPULSIONSUNDERTHEAGEOFTEN A student between 6 and 10 years of age may not be expelled, but must be placed in a DAEP for an expellable offense. Astudent between 6 and 10 years of age who brings a firearm to school, and thereby violates the federal firearms provision,mustbeexpelledbutprovidededucationalservicesinaDAEP TEC37.007(e)and(h). A student younger than 6 years of age may not be expelledor placed in a DAEP TEC 37.006(l) and 37.007(h) exceptfor firearm violations. Elementarystudents cannotbe placedinaDAEP withstudents notinelementary school. EMERGENCYEXPULSION A principal or principal's designee is authorized to order theimmediate expulsion of a student if the principal or designeereasonably believesthatactionisnecessarytoprotectpersonsorpropertyfromimminent harm.Texas Education Code 37.019. Thereasonfor emergencyexpulsionmustalsobe areasonfor which expulsioncouldbe ordered on a nonemergency basis. At the time of expulsion, the student will be told the reasons for expulsion. Notlaterthanthetenthdayafterthedateoftheemergencyexpulsionthestudentwillbe givenahearingas 38 required for non---emergency expulsions. PLACEMENTANDLENGTHOFEXPULSIONS As required by Texas Education Code 37.011, the Town of WestlakeBoard ofTrustees has entered into an agreement with the Tarrant County Juvenile Board to have the Tarrant County Justice Alternative Education Program(JJAEP) provide educational services to secondary students expelled from Westlake Academyfor mandatory and discretionary reasons.The length of the student's assignment to the JJAEP is determined by the criteria identified in the Guidelines for Assessing Disciplinary consequences section above and the Memorandum of Understanding (MOU) with the TarrantCounty Juvenile Board. For eachstudent expelled under mandatory and discretionary expulsion criteria, who is placed in the JJAEP by a Westlake Academy, the minimum term of such placement willbeconsistentwiththe termofthestudent's expulsionfromschool.Theminimumplacement inJJAEPwillbe 90 successful days of attendance with appropriate behavior. The maximum placement shall be twelve (12) months. Students expelled at the end of oneschool year may be required to complete the term of their expulsion at the beginning of the next school year. Ifan administratorrecommends aperiodofplacementthatisinconsistentwiththeseguidelines,writtennotice of the inconsistency must be provided in the written notice toparents. Elementary students who commit expellable offenses willberecommendedforexpulsion;however,thestudentmaybeplacedin a DAEPsettingin accordance with law and in consideration of the age and maturity of the child. PLACEMENTANDLENGTHFORFIREARMS Stateandfederallawsrequirea studenttobeexpelledfromtheregularclassroomfor a periodofat leastone calendaryearforbringing a firearm,asdefinedbyfederallaw,toschool.However,theSuperintendentorother appropriate administrator may modify the length of the expulsion on a case---by---case basis. Westlake Academymay provideeducationalservicestotheexpelledsecondarystudentin a JuvenileJusticeAlternativeEducation Program.Appropriateplacementswillbemadeaccordingtotheageandmaturityofanelementary student. TexasEducationCode37.007(e). EXPULSIONRESTRICTIONS/PROHIBITIONS Expelled students are prohibited from being on any school grounds or attending any school-relatedor school sponsoredextracurricularactivitiesonoroffschoolpropertyduringtheperiodofexpulsion,exceptby special permissionfromthehomecampusprincipal.Thisrestrictionincludesseekingorholdinghonorarypositions and/or membershipinschool-sponsoredclubsandorganizations.Additionalpenaltiesmaybeimposedby sponsorsofextracurriculargroups/organizationsinaccordancewithestablishedguidelineswhenthe student returnstothecampus.Thestudentwillbeallowedtoreturntothecampusand/ortoattendand/orparticipate in school---sponsored or school-relatedactivities, including practice, on the day following the last day of the JJAEP assignment.Studentsexpelledfor a periodinwhichtheplacementextendsintothenext schoolyearmusthave the approvaloftheappropriateprincipal(s)and a reviewcommitteeinordertoattendsummerschoolinTown of Westlake. Theparentsofstudentswhoareplacedin a JJAEPwillberequiredtoprovidetransportationfortheir studentasdeterminedbythememorandumofunderstandingwiththeappropriate JJAEP. EXPULSIONDUEPROCESS---CAMPUSLEVEL Before a student may be expelled, Westlake Academymust provide the student a hearing at which the student is afforded appropriate due process as required by the federal constitution and which the student's parent or guardian is invited, in writing, to attend. At the hearing, the student is entitled to berepresented by the student's parent or guardian or another adult whocan provide guidance to thestudent and who is not an employeeof Westlake Academy. IftheAssistant Principalorotherappropriateadministratormakesa good-faitheffortto informthestudentandthestudent'sparentorguardianofthetimeandplaceofthehearing,Westlake Academy may hold the hearing regardless of whether thestudent, thestudent's parent or guardian, or another adult representing the student attends. Unless the student’s parent/guardian signs a waiver forfeiting the student’s rights to a hearing, a hearing must be held.Texas Education Code 37.009(f). In an expulsion hearing, the student or the student's representative will be provided an opportunity to testify, present 39 evidence or witnesses in his/her defense, examine evidence presented by the school, and question the school's evidence.Westlake Academymayrelyonthehearsayevidenceofschooladministratorswhoinvestigatedisciplinary infractions. The decision shall be based exclusively on the evidence presented at the hearing and shall be communicated promptly to the student and parent.A decision of expulsion shall take into consideration self--- defense, intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinaryhistory or whether thestudent has a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct. For a secondary student who has committed a disciplinary infraction for which expulsion is mandatory under statute,thestudentshall,totheextent providedbylaworby thememorandumofunderstanding,immediately attend an educational program in a Juvenile Justice Alternative Education Program (JJAEP) upon completion of the campus-levelhearing and a decision to recommend placement at the JJAEP. The JJAEP will be the student's assigned placement pendingthe outcome of any further appeals. Elementary students will also be placed in accordance withlaw and in consideration of the age andmaturity of the child during the appeal process. EXPULSION APPEAL WESTLAKE ACADEMY-LEVEL A parentorguardianmayappeal a decisionforexpulsion.In ordertodoso, a writtenrequestmustbe madein writing within three (3) school days of the receipt of written notification of the campus-leveldecision. The written request shouldbeaddressed to Westlake Academy Superintendent, 2600J T Ottinger Road, Westlake, TX 76262. TheSuperintendentshallprovidethestudentanopportunityfor a hearingat which the student will be afforded the requisite due process. The Superintendent shall contact the parent within five (5) school days ofreceipt of a timely written request for appealtoschedule ahearing. Afterscheduling thehearing, the Superintendentshall providewritten noticeofthehearingincludingthenatureoftheevidence andthenames of any witnesseswhosetestimonymay be used againstthestudent.ThedecisionoftheSuperintendentshall be basedexclusivelyonevidence presented at thehearing. Thefinal decision shall be communicated in writing to the student and the parent(s) as promptly as possible. EXPULSIONAPPEALTOTHEBOARD A decision to expel a studentmay be appealed to the Board. Request for a Board review of a decision to expel a student shall bemade in writing to the Superintendent within three (3) school days after receipt of the written decision from the Superintendent. The Superintendent shall provide the parent written notice of the date, time, and place of the meeting within five (5) school days of receipt of the appeal request. The hearing will be held in closed session unless a written request from the parent is made to hold it in open session. The granting of such a request will depend on the extent other student's information is implicated.TheBoardshallreviewtherecord createdinthehearingbefore the Superintendent andshallbaseits decisiononthatrecord.Nonewevidencewill bepresented totheBoard. A studentmay be denied privileges of the home campus pending an appeal of an expulsion recommendation at thecampus leveland/or thedecisionbythe Superintendent. A secondary student will remain in the JJAEPpending the outcome of the appeal process, or the student may be emergency expelled as outlined in Westlake Academy’s Student Handbook and Code of Conduct. Elementary students will also be placed in accordance with law and in consideration of the age andmaturity of the child during the appeal process. EXPULSIONAPPEALOFBOARD’SDECISION TheBoard's decisionmaybeappealed by trialdenovo to a state District courtinthecountyinwhichWestlake Academy's central administrative office is located. The student will remain in the JJAEP pending the outcomeof the appeal. Complaints Parental questions or complaints regarding issues that were ancillary to the consequence should be addressed informally with the teacher, Assistant Principal, or campus principal, as appropriate. For example, a complaint might allege that proper procedures were not followed. If these conferences are not satisfactory, parentsmayfollowtheformal complaintprocessin accordancewithBoardPolicyFNG (LOCAL). This processmay not be used to overturn a disciplinary assignment. EXPULSIONNOTICETOAUTHORITIES The Board or its designee shall deliver to the student and the student's parent or guardian a copy of the order expelling thestudent. TheBoard or its designeeshall alsomail acopyoftheorder tothe authorizedofficer ofthe 40 juvenilecourtinthecountyinwhichthestudentresides withintwo(2)business days afterthefinal hearingatthe local level.Texas Education Code 37.010(a) NOTICETOSTAFF Thelawrequires Westlake Academytonotifyeacheducator whohas responsibility for, or is under thedirection and supervision of an educator who has responsibility for the instruction of a student who has engaged in an expellableoffense.Eacheducatorshallkeeptheinformationconfidentialfromanypersonnotentitled tothe information. TexasEducation Code37.007(g). Likewise, Westlake Academyis obligatedtonotify all instructional and support personnel who have regular contact with the student when the student engages in certain criminal activity listed in Texas Education Code 37.015. TRANSITIONPLAN As soon as practicable after a JJAEP determinesthe date of a student’s release from the program, the JJAEP administrator will provide written notice of that date to thestudent’s parent/guardian and the administrator of the campus to which the student intends to transition, andprovide the campus administrator an assessment of the student’s academic growth while attending the JJAEP and the results of any assessment instruments administered tothestudent.Notlaterthan five(5)instructionaldays after thedateof a student’s releasefrom a JJAEP,the campus administratorwillcoordinatethestudent’stransitionto a regularclassroom.Thecoordination mustinclude assistanceandrecommendations from schoolcounselors,school resource officers, licensedclinicalsocial workers, Assistant Principals, classroom teachers who are or may be responsible for implementing the student’s personalized transition plan, and any other appropriate Westlake Academypersonnel. The required assistance must include a personalized transition plan for the student developed by the campus administrator. Apersonalizedtransitionplan mustincluderecommendationsforthe besteducationalplacement of the student, and may include: 1.recommendationsforcounseling, behavioralmanagement,or academicassistanceforthestudentwith concentration of the student’s academic or career goals; 2.recommendationsforassistanceforobtainingaccesstomentalhealthservicesprovidedbyWestlake Academyor school, a local mental health authority, or another private or public entity; 3.theprovisionofinformationtothestudent’sparent/guardianaboutthe processtorequest a full individual and initial evaluation of the student for purposes of special educationservices; and 4.a regularreviewofthestudent’sprogresstowardthestudent’sacademicorcareergoals. Ifpracticable,thecampusadministrator,ortheadministrator’sdesignee,willmeetwiththestudent’s parent/guardian to coordinate plans for the student’s transition. TEC 37.023 WITHDRAWALDURINGPROCESSOFEXPULSION When astudentrecommendedforplacementintheexpulsion withdrawsfromWestlake Academybefore the placement order is completed, Westlake Academymay complete the proceedings and issue a placement order. If the placement order is not completed, the next Westlake Academyin which thestudent enrolls may complete the proceedings and issue a placement order. If a student expelled fromTown of Westlakeenrolls in another school Westlake Academybefore the expiration of the period of placement, Westlake Academyis required to forward a copy of the expulsion order along with other student records. Westlake Academyin which the student enrolls may continue the expulsion under the terms of the order or may allow the student to attend regular classes without completing the period of placement. If a secondary student withdraws from Westlake Academyafter being assigned to a JJAEP and returns within the same school year or in theschool year in which the expiration of the placement ends without serving his/her time in the JJAEP, the student will be required to serve the remainder of his/her time in the JJAEP. If the JJAEP will no longer provide services to the student because the period of the expulsion expired, the student will serve the remainderoftheyearinWestlake Academy's off campusDAEP. Texas Education Code37.009(i). EXPULSIONTRANSFERS If a student who is under an expulsion order from another school attempts to enroll inWestlakeAcademy, the Town of Westlakewillcontinuetheexpulsionunderthetermsspecifieduponreceiptof thewrittenorder andwill consider placement in an appropriate JJAEP or DAEP based on whether thegrounds for placement are consistent with the Student Handbook and Code of Conduct. 41 With regard to out ofstate expulsionif it exceeds one year, Westlake Academywill reduce theperiod of expulsionso that the totalperiodofexpulsiondoes notexceedoneyearunless Westlake Academydeterminesthat thestudentisa threat to the safety of others or continued placement is in the student’s best interest. IfastudentenrollinginWestlake Academyis undertheage of 18years andis establishingaresidenceseparateand apart from the person's parent/guardian, Westlake Academyis not required to admit the student if the student: 1.Hasengagedinconductormisbehaviorwithinthepreceding yearthathasresultedinremoval to a DAEP or expulsion; 2.Hasengagedindelinquentconductorconductinneed ofsupervisionandisonprobation or other conditional release for that conduct; or 3.Hasbeenconvictedofacriminaloffenseandisonprobationorotherconditionalrelease. TexasEducationCode25.001(d) 42 Draft Seek input more Present 2 Nov 2022 Draft Draft Update 1 3 Final Draft January 2023 BOARD OF TRUSTEESAGENDA ITEM Regular Meeting -Discussion Item Monday, October 03, 2022 TOPIC:Bullying Policy STAFF:Sean Wilson, Head of School STRATEGIC ALIGNMENT Outcome Vision, Value, MissionPerspectiveCurriculum Objective People, Respect for Self and Optimize Student Facilities, & PYP / MYP / DP Others Potential Technology SUMMARY Westlake Academy’s Bullying policy follows the requirements of the Texas Education Code 37.0832. The policy has been updated to reflect the inclusion of cyberbullying to help strengthen the current policy. In combination with the Student Code of Conduct, we will be able to more clearly define the consequences of bullying at WA, and hold those who bully accountable for their actions. COUNCILACTION/OPTIONS Amend the Bullying Policy to include cyberbullying STAFFRECOMMENDATION Adopt the amended Bullying Policy for Westlake Academy. FISCAL/SERVICELEVELIMPACT TO COMMUNITY Page 1of 2 Project Cost/Funding Amount: None Funding Source: N/A Contract: No Forms: N/A Service Levels:Would this project increase our serice delivery costs? This is not a project. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy:What impact, if any, would this have on WA? This document will alter the way in which disciplinary actions at the Academy are Comprehensive Plan: Adhere to our comprehensieve plan – if yes, in what way? This is not a project. Cost Recovery Analysis: Utilization of the cost recovery tool that R. McCaffrey put together. This is not a project. Traffic Impact: Any? Do we need this or tool this for development? There is no traffic impact. ATTACHMENTS Updated Bullying Policy Policy Changes PowerPoint Resolution Page 2 of 2 WESTLAKE ACADEMY WA RESOLUTION 22-23 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES APPROVING A AMENDED BULLYING POLICY TO INCLUDE CYBERBULLYING. WHEREAS, Westlake Academy’s mission is to support students as they become compassionate, life-long learners through an internationally-minded, balanced education that empowers students to contribute to our interconnected world; and WHEREAS, The proposed resolution supports updating the Bullying Policy; and WHEREAS, Westlake Academy would be in compliance with State guidelines; and WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY: SECTION 1: That, all matters stated in the recitals herein above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Board of Trustees Westlake Academy, hereby approves the Westlake Academy Bullying Policy attached to this resolution as Exhibit “A”. SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 3RD DAY OF OCTOBER 2022. ___________________________________ Sean Kilbride, President WA Res 22-23 Page 1 of 3 ATTEST: ___________________________________________________________________ Amy M. Piukana, Board Secretary Sean Wilson, Head of School APPROVED AS TO FORM: ___________________________ Janet S. Bubert, School Attorney WA Res 22-23 Page 2 of 3 Res 22-XX Exhibit “A” WA Res 22-23 Page 3 of 3 BOT Attachment B – WA Policy No. 3.03: Bullying Policy TOWN OF WESTLAKE WESTLAKE ACADEMY BOARD OF TRUSTEES POLICY Policy No. 3.03: Date Board Adopted: August 3, 2009 Date Board Amended: September 11, 2017 Effective Date: September 11, 2017 Policy Category: Parent, Student and Faculty Relations and Expectations Policy Name: Bullying Policy Policy Goal: Creation of a supportive and safe learning environment Policy Description: Westlake Academy policy and procedures are designed to promote a safe and productive learning environment. Westlake Academy shall prohibit bullying, including cyberbullying, as defined by applicable law, Texas Education Code 37.0832, and this policy. The procedures necessary to implement this policy will be published in the Parent/Student Handbook and on the Academy website. Prohibited Conduct Bullying, which includes cyberbullying (social media posts, texting, use of digital communication platforms or), means a single significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression, expression through electronic means, or physical conduct that: 1. Has the effect or will have the effect of physically harming a student, damaging a student's property, or placing a student in reasonable fear of harm to the student's person or of damage to the student's property; 2. Is sufficiently severe, persistent, or pervasive enough that the action or threat creates an intimidating, threatening, or abusive educational environment for a student; 3. Materially and substantially disrupts the educational process or the orderly operation of a classroom or school; or 4. Infringes on the rights of the victim at school. Formatted: Font color: Auto, Not Expanded by / Condensed by 4.5. Includes cyberbullying. Cyberbullying means bullying that is done through the use of any electronic communication device, including through the use of a cellular or other type of telephone, a computer, a camera, electronic mail, instant messaging, text BOT Attachment B – WA Policy No. 3.03: Bullying Policy messaging, a social media application, an Internet website, or any other Internet- based communication tool. The prohibited conduct identified in this policy applies to: 1. Bullying that occurs on or is delivered to school property or to the site of a school-sponsored or school-related activity on or off school property; 2. Bullying that occurs on a publicly or privately-owned school bus or vehicle being used for transportation of students to or from school or a school-sponsored or school-related activity; and 3. Cyberbullying that occurs off school property or outside of a school- sponsored or school-related activity if the cyberbullying: a. Interferes with a student's educational opportunities; or b. Substantially disrupts the orderly operation of a classroom, school, or school-sponsored or school-related activity. Westlake Academy prohibits retaliation against any person, including a victim, a witness, or another person, who in good faith makes a complaint or who is involved in an investigation concerning an incident of alleged bullying. A student who intentionally makes a false claim, provides false information, or refuses to cooperate with an investigation regarding bullying shall be subject to appropriate disciplinary action. Procedures for Reporting & Investigating Bullying Complaints Complaints about bullying conduct should be made as soon as possible after prohibited conduct occurs using the procedures identified in the Westlake Academy Parent/Student Handbook. Failure to timely report may impair the Academy’s ability to investigate and effectively address the conduct. Westlake Academy will establish procedures for reporting and investigating bullying complaints, which will be included in the Parent/Student Handbook and available on the Academy’s website. The procedures shall include: 1. Actions a student should take to obtain assistance and intervention in response to bullying; 2. Procedures for reporting an incident of bullying or cyberbullying, including a procedure for a student to anonymously report an incident of bullying; 3. Procedures for providing notice of an incident of alleged bullying to: a. A parent or guardian of the alleged victim on or before the third business day after the date the incident is reported; and b. A parent or guardian of the alleged bully within a reasonable amount of time after the incident; 4. Procedures for investigating a reported incident of bullying, including taking prompt interim action calculated to prevent bullying during the course of an investigation, if appropriate; BOT Attachment B – WA Policy No. 3.03: Bullying Policy 5. Procedures for determining whether the reported incident of bullying occurred, reporting the investigation findings, and appealing the findings of the investigation; 6. Opportunities for access to counseling for a student who is a victim of or a witness to bullying or who engages in bullying. Academy staff shall take all reasonable measures to respect the privacy of a complainant, a person against whom a complaint is filed, and any witnesses or persons contributing information to a bullying investigation. However, limited disclosures may be necessary in order to conduct a thorough investigation. Disciplinary Consequences If the results of an investigation indicate that bullying occurred, the Academy shall impose appropriate disciplinary consequences in accordance with the Westlake Academy Code of Conduct and may take other corrective action that is reasonably calculated to address the conduct. In the event an investigation concludes that improper conduct occurred that did not rise to the level of bullying, as defined by this policy, the Academy may take appropriate action in accordance with the Student Code of Conduct or any other corrective action deemed appropriate by Academy administrators. Any conduct that constitutes bullying, including cyberbullying, shall be considered a serious offense that may result in a student’s expulsion from Westlake Academy. A student shall be expelled 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. Westlake Academy will not impose disciplinary action against a student who, after an investigation, is found to be a victim of bullying, on the basis of that student’s use of reasonable self-defense in response to the bullying. Any disciplinary action related to bullying imposed on a student with a disability will comply with applicable requirements under federal law, including the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.). Dates Amended: 10/05/15 09/12/2022 COMPANY OVERVIEW Firm’s History Steele & Freeman, Inc. was founded by Bill Steele III and David Freeman in Fort Worth, Texas in 1979. The Steele & Freeman is a locally owned and closely held company, with David Freeman’s only son, Michael “Mike” personally invested in expenditure as an additional level accountability. Mike and David Freeman •Lake Worth ISD •White Settlement ISD • • • • • • • •Weatherford ISD • •Roanoke ISD • • •Bland ISD •Paradise ISD • • •Lake Dallas ISD • • • • •Fort Worth ISD • Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 1 school students, teachers and parents. campus is closed days off. Refer to our company’s Fundamentals on the following page •We treat you like family • • • •Virtual construction • • • • • • • • • • Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 2 CONFIDENTIAL AND PROPRIETARY APPROACH TO CLIENT SERVICE Uif!Tuffmf!'!Gsffnbo!Xbz!describes the values, behaviors, principles, and practices that are the foundation of our unique culture. who we are, and what drives our extraordinary success. 18. BE RELENTLESS ABOUT 1. SACRIFICE EVERYTHING FOR an impression. Pay attention to every 12. RIDE FOR THE BRAND.We are IMPROVEMENT. SAFETY. Safety is paramount and successful because of people like you who have been dedicated to our practice all safety procedures every work. You are an ambassador of the professional, warm, and helpful. 7. WORK THE PLAN. for every person. Never take shortcuts Represent our brand with pride and 19. LISTEN! and intentional with your schedule that compromise safety. honor. and work plans for maximum 2. EMBRACE A “CAN DO” SPIRIT. Be 13. BE A LEADER. curious to know more, rather than happen. Respond to every situation can do it, rather better decisions when we consider own positive example. multiple perspectives. Be resourceful and show initiative. . Don’t make excuses or wait for others 14. DELIVER LEGENDARY SERVICE.20. SPEAK STRAIGHT.Say what 8. HONOR COMMITMENTS.Do what to solve the problem. Make the most you mean honestly and tactfully. no better way to earn people’s trust enthusiasm. directly with those who are involved or than to honor your commitments and 3. DO THE RIGHT THING, ALWAYS. With every experience, do the little provide constructive criticism, or raise time for all phone calls, appointments, . every interaction stand out.is necessary for team success. in every action you take and in every 9. FAMILY IS EVERYTHING. While 15. PRACTICE BLAMELESS 21. BE THE EXPERT. your career is important, your family PROBLEM SOLVING.Be relentless that you can about every aspect of is even more important. Don’t miss any opportunity to be there for your immediately. everyone involved to help build your lessons learned and use them to 4. DO WHAT’S BEST FOR THE family will make your life happier and improve ourselves and our processes OWNER.In all situations, do what’s healthier. Family is not an important so we don’t make the same mistake . thing. It’s everything. twice. Learn from every experience. stewards and advocates. See the 22. SHOW MEANINGFUL 10. BE EXCELLENT. Demonstrate world from their perspective. Put their 16. PAY ATTENTION TO DETAILS. Be APPRECIATION. a passion for excellence and take needs ahead of our own. There’s improvement, and success don’t not others every day. is to do it right . 5. TEAM, TEAM, TEAM.It’s not about this my best work?” 23. KEEP THINGS FUN.While and discuss expectations upfront. our passion for excellence is real, 11. RESPOND WITH URGENCY. Inspect what you expect. Respond to questions and concerns 17. INVEST IN RELATIONSHIPS. business is built on trust and trust is that make up our work. If you love person, on the phone, or by email. built on relationships. Make smart you’ll never work a day in your life. is important. relationships and repeat business. 6. COMMUNICATE EFFECTIVELY. day. . explanations to set a tone and create updated on the status. About our 23 Fundamentals about us as a team and the way we work. Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 3 UPPER SCHOOL & GYM ALL SAINTS’ New TJ\[F;! DPOUSBDU!BNPVOU; DPOUSBDU!NFUIPE; constructed, central commons area, kitchen and cafeteria, tiered lecture TDIFEVMFE!OUQ; hall, black box theater, campus administration, and library. Raised clerestory DPOUS/0BDU/DPNQM/; DMJFOU; complex built second. Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 4 ATHLETICS / FIELD HOUSE ARGYLE ISD UZQF; TJ\[F;! DPOUSBDU!DPTU;! DPOUSBDU!NFUIPE;! DPOUS/0TDIFE/!DPNQM/; DMJFOU;! BSDIJUFDU; choir room and theater spaces, added library space, additional administration Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 5 JUNE DAVIS ELEMENTARY CROWLEY ISD UZQF; New TJ\[F; DPOUSBDU!BNPVOU; Storm Shelter in Fort Worth. DPOUSBDU!NFUIPE; TDIFEVMFE!OUQ;! DPOUS/0BDU/DPNQM/; DMJFOU;! BSDIJUFDU;! Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 6 CROWLEY HS & N. CROWLEY HS MULTI-CAMPUS ATHLETICS IMPROVEMENTS, CROWLEY & FORT WORTH, TX UZQF; TJ\[F;! DPOUSBDU!BNPVOU;! DPOUSBDU!NFUIPE; TDIFEVMFE!OUQ; DPOUS/0BDU/!DPNQM; KELLER ISD BATTING CAGES, FLOORING AND FLORENCE ELEMENTARY SITE WORK, KELLER, TX Uzqf; Tj{f; Varied Dpousbdu!Bnpvou; Dpousbdu!Nfuipe; Tdifevmfe!OUQ; DPOUS/0BDU/!DPNQM; Dmjfou; Bsdijufdu; NEW INDOOR PRACTICE FACILITY & STADIUM TURF REPLACEMENT, AZLE, TX UZQF; TJ\[F;! DPOUSBDU!BNPVOU; DPOUSBDU!NFUIPE; TDIFEVMFE!OUQ; DPOUS/0BDU/!DPNQM; DMJFOU; BSDIJUFDU; CROWLEY ISD ADMINISTRATION BUILDING & SPORTS COMPLEX, CROWLEY, TX UZQF;!!!!! TJ\[F; DPOUSBDU!BNPVOU;! DPOUSBDU!NFUIPE;! QFSDFOU!DPNQM/;! TDIFEVMFE!OUQ;! DPOUS/0BDU/!DPNQM; DMJFOU;!! !! BSDIJUFDU;!!! Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 7 LAKE DALLAS ISD LAKE DALLAS HIGH SCHOOL, LAKE DALLAS, TX UZQF;!!!!! TJ\[F;!!!!! DPOUSBDU!BNPVOU;! DPOUSBDU!NFUIPE;! TDIFEVMFE!OUQ;! DPOUS/0BDU/!DPNQM;! DMJFOU;!!!L !! BSDIJUFDU;!!!! FORT WORTH ISD OVERTON PARK ELEMENTARY SCHOOL, FORT WORTH, TX UZQF; TJ\[F; DPOUSBDU!DPTU; DPOUSBDU!NFUIPE;! TDIFEVMFE!OUQ;! DPOUS/0BDU/!DPNQMFUJPO; BSDIJUFDU; IPCSD GEORGE MIDDLE SCHOOL, IOWA PARK, TX UZQF; TJ\[F;!!!44,931 SF DPOUSBDU!DPTU;! DPOUSBDU!NFUIPE;! DPOUS/0BDU/!DPNQM; Superintendent IPCSD KIDWELL ELEMENTARY SCHOOL, IOWA PARK, TX UZQF; TJ\[F;! DPOUSBDU!DPTU; DPOUSBDU!NFUIPE;! DPOUS/0BDU/!DPNQM; Superintendent B Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 8 THE CLARIDEN SCHOOL STEAM ADDITION, SOUTHLAKE, TX UZQF;!!!!! TJ\[F;!!!!! DPOUSBDU!BNPVOU;! DPOUSBDU!NFUIPE;! QFSDFOU!DPNQM/;! TDIFEVMFE!OUQ; DPOUS/0BDU/!DPNQM;! DMJFOU; !! BSDIJUFDU;!!! FORT WORTH ISD SOUTH HILLS HIGH SCHOOL, FORT WORTH, TX UZQF;!! TJ\[F;!! DPOUSBDU!BNPVOU;! DPOUSBDU!NFUIPE;! QFSDFOU!DPNQM/; TDIFEVMFE!OUQ;! DPOUS/0BDU/!DPNQM; DMJFOU;!! BSDIJUFDU;!!! KELLER ISD PARKVIEW & WHITLEY ROAD ELEMENTARY SCHOOLS, KELLER, TX UZQF; TJ\[F;! DPOUSBDU!DPTU;! DPOUSBDU!NFUIPE;! QFSDFOU!DPNQM/; TDIFEVMFE!OUQ;! DMJFOU;! IPCSD BRADFORD ELEMENTARY SCHOOL, IOWA PARK, TX UZQF; TJ\[F;! DPOUSBDU!DPTU;! DPOUSBDU!NFUIPE;! DPOUS/0BDU/!DPNQM; Superintendent Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 9 IPCSD IOWA PARK HIGH SCHOOL, IOWA PARK, TX UZQF; TJ\[F;! DPOUSBDU!DPTU; DPOUSBDU!NFUIPE;! QFSDFOU!DPNQM/; DPOUS/0BDU/!DPNQM; Superintendent FORT WORTH ISD OVERTON PARK ELEMENTARY SCHOOL, FORT WORTH, TX UZQF; TJ\[F;! DPOUSBDU!DPTU;! DPOUSBDU!NFUIPE;! DPOUS/0BDU/!DPNQM; BSDIJUFDU;! WESTER & WORLEY MIDDLE SCHOOLS RENOVATIONS, MANSFIELD, TX UZQF; Interior and exterior renovations TJ\[F;! DPOUSBDU!BNPVOU; DPOUSBDU!NFUIPE; TDIFEVMFE!OUQ; DPOUS/0BDU/!DPNQM; DMJFOU; BSDIJUFDU; LIBERTY ELEMENTARY KITCHEN RENOVATION, WHITE SETTLEMENT, TX Renovation TJ\[F;! DPOUSBDU!BNPVOU;! DPOUSBDU!NFUIPE; DPOUS/0BDU/!DPNQM; Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 10 KELLER ISD SUNSET VALLEY ELEMENTARY, KELLER, TX TJ\[F;! DPOUSBDU!BNPVOU;! DPOUSBDU!NFUIPE;! TDIFEVMFE!OUQ;! DPOUS/0BDU/!DPNQM; KELLER ISD NEW EARLY LEARNING CENTER, KELLER, TX TJ\[F;! DPOUSBDU!BNPVOU;! DPOUSBDU!NFUIPE; TDIFEVMFE!OUQ;! DPOUS/0BDU/!DPNQM; DMJFOU;! KELLER ISD VISTA RIDGE (THOMPSON ROAD) MIDDLE SCHOOL, KELLER, TX UZQF; TJ\[F;! DPOUSBDU!BNPVOU; DPOUSBDU!NFUIPE;! TDIFEVMFE!OUQ; DPOUS/0BDU/!DPNQM; FORT WORTH ISD BP 009A & 009B, FORT WORTH, TX TJ\[F;! DPOUSBDU!BNPVOU;! DPOUSBDU!NFUIPE; DPOUS/0BDU/!DPNQM; Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 11 LAKE DALLAS HIGH SCHOOL, LAKE DALLAS, TX UZQF; Renovation and addition, new athletics practice facility TJ\[F;! DPOUSBDU!DPTU;! DPOUSBDU!NFUIPE;! TDIFEVMFE!OUQ;! DPOUS/0BDU/!DPNQM; LAKE DALLAS MIDDLE SCHOOL, LAKE DALLAS, TX UZQF; Renovation and addition TJ\[F;! DPOUSBDU!DPTU;! DPOUSBDU!NFUIPE;! DPOUS/0BDU/!DPNQM; CORINTH ELEMENTARY SCHOOL, LAKE DALLAS, TX UZQF; Renovation and addition TJ\[F;! DPOUSBDU!DPTU;! DPOUSBDU!NFUIPE;! TDIFEVMFE!OUQ;! DPOUS/0BDU/!DPNQM; FORT WORTH ISD NORTH SIDE HIGH SCHOOL RENOVATION, FORT WORTH, TX UZQF;Renovation TJ\[F;! DPOUSBDU!DPTU;! DPOUSBDU!NFUIPE; TDIFEVMFE!OUQ;! DPOUS/0BDU/!DPNQM; BSDIJUFDU;! Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 12 KELLER ISD ADD./RENOV. TO HILLWOOD MS & PARKWOOD HILL IS, KELLER, TX TJ\[F;! DPOUSBDU!BNPVOU; TDIFEVMFE!OUQ; ARCHER CITY ISD REPLACEMENT JHS/HS, ARCHER CITY, TX TJ\[F;! DPOUSBDU!BNPVOU;! DPOUSBDU!NFUIPE;! TDIFEVMFE!OUQ;! DPOUS/0BDU/!DPNQM; FORT WORTH ISD BID PACKAGE 077, FORT WORTH, TX UZQF; Renovations TJ\[F;! DPOUSBDU!BNPVOU; DPOUSBDU!NFUIPE; TDIFEVMFE!OUQ; DPOUS/0BDU/!DPNQM; DMJFOU; BSDIJUFDU; WEATHERFORD ISD MULTI-CAMPUS NINE-SCHOOL RENOVATIONS, WEATHERFORD, TX Renovation TJ\[F;!varied by school DPOUSBDU!BNPVOU; DPOUSBDU!NFUIPE; TDIFEVMFE!OUQ; DPOUS/0BDU/!DPNQM; Weatherford ISD, Randy Means, deceased. Steele & Freeman, Inc. | Qualification Information for Westlake Academy | Pg. 13 TOWN COUNCIL AGENDA ITEM Regular Meeting - Action Item Monday, October 03, 2022 TOPIC: Consider a resolution by the Town Council of the Town of Westlake, Texas, authorizing Acting Town Manager to negotiate an agreement with Steele & Freeman, Inc. for construction manager at-risk services establishing a guaranteed maximum price for the gym remodeling project located at 2600 Ottinger Road. STAFF: Troy Meyer, Assistant Town Manager STRATEGIC ALIGNMENT Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Exemplary Education - Westlake is Informed & Engaged Improve Technology, People, Facilities, & an international educational leader Citizens / Sense of Facilities & Technology where each individual's potential is Community Equipment maximized. SUMMARY In December of 2021, the Westlake Academy Athletic Director contacted Town staff to announce the Westlake Academy Athletic Club (WAAC) was working with the Colby family to receive a donation to improve the campus’ sports facilities. The use of funds is restricted to the following: architect firm, engineering firm, construction costs and new equipment exclusively for the Gym, Fieldhouse, and two sports facilities improvements. The program committee for the remodeling of the gym includes, the architect firm, Athletic Director, donor, Assistant Town Manager, and one WAAC member to select equipment and products for the remodeling project. A Construction Manager-at-Risk (CMR) proposal will be presented to the Town Council for consideration. The CMR will take the project out to bid to get the final cost of the project. After reviewing all bids and confirmed pricing, the Assistant Town Manger will review with the program’steams and Town Council on the total cost of the project. An estimated timeline and completion phases of the project is provided for reference below: Timeline February 2022 – Present conceptual drawings and first round of price estimates to donor Page 1 of 3 March -Present conceptual drawings to the Town Council for consideration April 25, 2022 - Town Council to accept the grant commitment from the Athletic Club (WAAC). April 25, 2022 –Town staff will recommend approval of the architect, Bennet Partners, programing agreement to remodel the WA gym and fieldhouse with acceptance of the granted from the WAAC. June 21- Town Council approved the Town manager to enter negotiations with Glen Partners for architectural services June and September- Staff metwith the program team to review and confirm scope of project. September 15-Second round of cost estimatespresented to the program teamand council approval to move forward with the project. On July 1, 2022, the WAAC approved a grant for $24,900.00 for architectural planning of improvements to the gymnasium with Glenn Partners ($20,000.00) and the sport field study completed by Bennett Partners ($4,900.00). These restricted grant funds are forplanning interior gym improvements including: the student locker rooms and restrooms including furnishings and fixtures, organization for athletic equipment storage in the gym, improved scoreboard and audio/visual equipment, lighting, court use optimization, concessions, and optimized seating for athletes and spectators. th On September 15Steele & Freemen presented the second round of cost estimates for the gym remodeling project to the program team. The estimate is $1,011,793.00. The team agreed to move forward with getting Glenn Partners to create the construction document for the formal bid process. The next steps: Negotiating a Construction Manager-at-Risk (CMR) agreement CMR will postpublic bidnotices Program team review bids Receive finalproject contract costs Request grant from WAAC to cover 100% of the constructioncost Present final cost to Town Council for approval Town Council accepts grant fundsfrom the WAAC Begin project - estimated completion August 2023 The Staff is recommending Steele & Freemanto provide construction manager at-risk services for the gym remodeling project. Steele & Freeman has completed the following project for the Town/Westlake Academy: Sam & Margarete Lee Arts and Sciences Center Fieldhouse, MPH and Secondary building Secondary Building Parking Lot Steele & Freeman, Inc. was founded by Bill Steele III and David Freeman in Fort Worth, Texas in 1979. The company undertook its first K-12 project within the first year and has been an integral partner on more than 200 K-12 projects in the North Texas region to date. Steele & Freeman is a locally owned and closely held company, with David Freeman’s only son, Michael “Mike” Freeman serving as company president and majority owner. This tells you that we are personally invested in your project’s success – even at the highest level of the company. Page 2 of 3 Mike’s family name and legacy depend upon the success of each project. Michael began working for the company during summers in high school and after graduating from Texas A&M University, he worked full time as a project manager. He transitioned to an executive role and eventually the role of company president. He oversees the budget of each project, carefully studying each expenditure as an additional level accountability. See Exhibit A for the full Qualification. COUNCILACTION/OPTIONS Approve the proposed Resolution Reject the proposed Resolution STAFF RECOMMENDATION Staff recommends authorizing the Acting Town Manager to negotiate an agreement with Steele & Freeman, Inc. for construction manager at-risk services establishing a guaranteed maximum price for the gym remodeling project located at 2600 Ottinger road. FISCAL/SERVICELEVEL IMPACT TO COMMUNITY Project Cost/Funding Amount: N/A Funding Source: Contributions/Grants Contract: No Forms: N/A Service Levels:The proposed resolution provides for construction manager at-risk services establishing a guaranteed maximum price for the gym remodeling project for the remodel of the first floor of the gym building on the Westlake Academy Campus. DEVELOPMENT/MOBILITYIMPACT TO COMMUNITY Westlake Academy: The proposed resolution would provide the necessaryconstruction manager at-risk services for campus sports facility improvements that directly benefit our student athletes’ experience. Comprehensive Plan: N/A. Cost Recovery Analysis: N/A. Traffic Impact: N/A. ATTACHMENTS Exhibit A Steele & Freeman Qualification Page 3 of 3 TOWN OF WESTLAKE RESOLUTION 22-65 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING ACTINGTOWN MANAGER TO NEGOTIATE AN AGREEMENTWITH STEELE & FREEMAN, INC. FOR CONSTRUCTION MANAGER AT-RISK SERVICES ESTABLISHING A GUARANTEED MAXIMUM PRICE FOR THE GYM REMODELING PROJECT LOCATED AT 2600 JT OTTINGER ROAD. WHEREAS, the Town of Westlake owns and operates the Westlake Academy and provides facilities for Town and Academy use; and WHEREAS, the staff is recommending Steele & Freeman as the CM at Risk contractor for the Westlake Academy gym remodeling project; and WHEREAS, the next step is to enter into negotiations with Steele & Freeman, Inc. for construction manager at-risk services to established a guaranteed maximum price for the gym remodeling project; and WHEREAS, once the construction drawing is at 80% to 90% completed, staff will start the negotiation process to establish a guaranteed maximum price for the project will present to the Town Council for approval in December; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitalshereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby authorizing Acting Town Manager to enter negotiations with Steele & Freeman, Inc. for construction manager at-risk services establishing a guaranteed maximum price for the gym remodeling project. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and afterits date of passage. Resolution 22-65 Page 1 of 3 PASSED AND APPROVED ON THIS 3RD DAY OF OCTOBER 2022. _____________________________ ATTEST: Sean Kilbride, Mayor _____________________________________ _____________________________ Amy Piukana, Town Secretary Jarrod Greenwood, Acting Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 22-65 Page 2 of 3