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
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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
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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;
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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
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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
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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
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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;
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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
•
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•Weatherford ISD
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•Roanoke ISD
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•Bland ISD
•Paradise ISD
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•Lake Dallas ISD
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•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
•
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•
•Virtual construction
•
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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
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ATHLETICS / FIELD HOUSE
ARGYLE ISD
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JUNE DAVIS ELEMENTARY
CROWLEY ISD
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CROWLEY HS & N. CROWLEY HS MULTI-CAMPUS ATHLETICS IMPROVEMENTS, CROWLEY & FORT WORTH, TX
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LAKE DALLAS ISD LAKE DALLAS HIGH SCHOOL, LAKE DALLAS, TX
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THE CLARIDEN SCHOOL STEAM ADDITION, SOUTHLAKE, TX
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LAKE DALLAS HIGH SCHOOL, LAKE DALLAS, TX
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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
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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
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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.
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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
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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
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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
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