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A classroom management issue can quickly escalate into a dangerous situation when the student involved has a propensity for violence or a criminal history of violent behavior. Because of this, Texas law requires law enforcement and school districts to notify educators of the presence of dangerous students in the classroom. Educators must protect the confidentiality of such information and are subject to harsh penalties for failure to do so.

Criminal conduct

The Texas Code of Criminal Procedure requires a law enforcement agency to notify a school district when it has information indicating that a student has committed certain types of crimes, such as assault, drug offenses or unlawful possession of a weapon. Whenever a student enrolled in the district is arrested, convicted or receives deferred adjudication for any of these types of offenses, the law enforcement agency must notify the superintendent within 24 hours. The superintendent must then promptly notify all instructional and support personnel who have responsibility for supervision of the student.

Severe misconduct

When a student has engaged in conduct that requires placement in a disciplinary alternative education program (DAEP) or that may subject the student to expulsion, the Texas Education Code requires a principal to report the student’s misconduct to all educators who are responsible for the student’s instruction. Conduct that triggers this reporting requirement includes all of the criminal conduct previously discussed. However, this reporting requirement is broader and also requires notice for additional types of conduct, such as making a false alarm or terroristic threat, committing an act that would be punishable as a felony, drug and alcohol offenses, and lewd conduct. It is important to note that there is no requirement that the student be arrested or have criminal charges filed in order for this notice provision to apply, only that the underlying conduct contain the elements of the described offense.

Student transfers

Occasionally a district may enroll a student who transferred from another district or charter school while disciplinary action (placement in a DAEP, suspension or expulsion) is ongoing. The Education Code requires that, in this situation, the transferring school district must inform the new school district of the disciplinary action and must provide a copy of the order of disciplinary action. The new school district may then decide whether to require the student to complete the disciplinary action imposed by the transferring district.

A student also may enroll in a new school district while on probation or parole. In this instance, the parole or probation officer must notify the new school district of the student’s status in the criminal justice system. The school officials at that district must then promptly notify all instructional and support personnel who have contact with the student.

Confidentiality of information

When an educator receives notification of dangerous student conduct pursuant to any of these statutory provisions, the educator is required to maintain the confidentiality of that information. Additionally, the Educators’ Code of Ethics prohibits an educator from revealing confidential information about students. Disclosure of such confidential information could lead to the imposition of sanctions against an educator’s teaching certificate and could also form the basis of adverse employment action against the educator by the school district. Any educator who receives information about student misconduct should strictly protect the confidentiality of that information.

Conclusion

Prompt notification to educators of potentially dangerous students contributes to the overall safety of a campus. The provisions discussed in this article are largely the result of the efforts of the TCTA lobby team. TCTA believes that educators who have access to information about a student’s criminal and disciplinary history can make appropriate decisions about how best to manage the potential risk the student presents to the safety of other students or faculty. Yet educators also have a duty to respect the confidentiality of the information entrusted to them and ensure that these students have access to the educational opportunities offered by the district.

Proposed legislation could affect these laws

TCTA is continuing to pursue legislation that would require any student registered as a sex offender to be placed in a disciplinary alternative education program or juvenile justice alternative education program. The proposed bill would also tighten and clarify the timelines for notification by law enforcement officials to schools, and by school officials to appropriate educators. The latest information on this and other legislation crucial to educators will be included in our daily Update from the Capitol and our Week in Review postings on our website at tcta.org. The weekly summary is also e-mailed to members for whom we have a working e-mail address. You may provide or update your e-mail address by clicking on the “stay informed” link on our website or by calling us toll-free at (888) 879-8282.

What kind of student conduct do they have to tell me about?

You are entitled to notification when a student under your supervision has a criminal history for these offenses:
• Any felony;
• The following misdemeanors: unlawful restraint, indecent exposure, assault, deadly conduct, terroristic threat, engaging in organized criminal activity;
• Unlawful use, sale or possession of a controlled substance, drug paraphernalia, or marihuana;
• Unlawful possession of a weapon.

Texas Code of Criminal Procedure, Article 15.27(h).

In addition, you are entitled to notification when a student under your supervision is subject to removal to a disciplinary alternative education program or expulsion for these acts:
• False alarm, report or terroristic threat involving a public school;
• Any of the following within 300 feet of a school – conduct punishable as a felony; assault; sale, delivery or possession of marihuana, controlled substance or a dangerous drug; possession, delivery or sale of alcohol, or being under the influence of alcohol; public lewdness; indecent exposure;
• Retaliation against a school employee;
• Any of the following on school property or while attending a school-sponsored event – use, exhibition or possession of a firearm, illegal knife or club; conduct that contains the elements of aggravated assault, sexual assault or aggravated sexual assault; arson; murder or attempted murder; indecency with a child; aggravated kidnapping; aggravated robbery;
• Severe or persistent misbehavior while placed in the disciplinary alternative education program.

Texas Education Code, Sections 37.006-37.007.

Web posted: 03/22/07 from The Classroom Teacher, Spring '07