Bill Would Bring Back Citations for School Offenses

BILL WOULD BRING BACK CITATIONS FOR SCHOOL OFFENSES

(AUSTIN) - Students who assault teachers or threaten to do so could face legal consequences again under a bill approved by the Senate on Monday. In 2013, the Legislature removed the ability for school resource officers to issue legal citations to students for violations of school policy after concerns were raised about abuses and unfair or draconian punishments. Since then, however, schools have seen a rise in violent incidents, alarming teachers, administrators, and law enforcement officials, said Conroe Senator Brandon Creighton, and potentially pushing good teachers out of the door as they fear for their safety. "Current disciplinary tools are just not enough," said Creighton. "Some have said that we've gone from zero tolerance to zero consequences in the classroom." His bill, SB 1924, would permit school resource officers to issue class-C misdemeanor citations for serious violations of school policy . "It's about stopping dangerous or escalating behavior before it gets worse," he said. "The goal is to prevent problems, not punish harshly. We want students and families to understand that serious misconduct has to have consequences."

Though removing the citation authority 12 years ago was well intentioned, Creighton said that it went too far. His bill seeks to find a balance between the two extremes. It doesn't equivocate when it comes to violence or threats of violence against teachers, however, requiring that those offenses be referred to law enforcement. "Teachers deserve to feel safe in their classrooms and students will not learn if teachers do not feel safe," said Creighton.

Creighton accepted three amendments from Dallas Senator Royce West which aim to protect the due process of students and avoid the same kinds of abuses that led to the loss of citation authority in 2013; abuses he said fell disproportionately on minority students. "What I don't what to see is another situation prior to 2013, where little African-American kids and little Hispanic kids are the ones that end up bearing the brunt of discipline that doesn't make sense like chewing gum and things of that nature," he said. Instead, schools should be using a system of graduated sanctions, and only involving law enforcement as a last resort, except in cases where students are threatening violence. "We've got to make certain that we've got zero tolerance for that kind of behavior," said West. "But we've got to also make certain that we have common sense as relates to some of the penalties that are going to be meted out." His amendments would require use of that sanction ladder, require that records relating to juvenile offenses issued under this bill are expunged upon adulthood, and require that if an arrest has to be made, that it be made out of the view of the student's peers, unless there is an immediate threat to safety.

Also Monday the Senate approved a bill that would punish road rage incidents more harshly by including them in the definition of "aggravated assault." Texas had more road rage incidents involving gunfire over the last 10 years than any other state, and Houston Senator Joan Huffman said these situations are uniquely dangerous to both the victim and innocent bystanders. "In these situations, victims often feel trapped and fearful for their lives with limited options to escape," she said. "Attempts to evade danger can escalate the encounter and increase the risk of serious injury or death for others on the roadway." Her bill, SB 3031, would enhance penalties for assaults committed with a firearm and if the person is inside of, or moving to or away from a vehicle, from a second to a first degree felony. To secure this conviction, prosecutors must prove that a person knowingly shot at a home or vehicle with reckless disregard for whether the house or car were occupied.

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