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 for any of those types of offenses, the law enforcement agency must verbally 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. On conviction, adjudication or deferred prosecution of any type for covered offenses, the prosecuting attorney must within 24 hours notify the superintendent, who must then within 24 hours notify all instructional and support personnel who have regular contact with the student. New language initiated by TCTA during the 2007 legislative session provides that the required notice must include whether the student is required to register as a sex offender.
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 criminal conduct such as assault, drug offenses, or unlawful possession of a weapon, as previously discussed in this article. 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, such as 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 may also 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. New legislation initiated by TCTA and adopted during the 2007 legislative session requires that this notification occur within 24 hours of the transfer or re-enrollment. The school officials at that district must then notify all instructional and support personnel who have contact with the student within 24 hours.
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 over the course of many years. 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 students or faculty. The latest changes initiated by TCTA during the 2007 legislative session were made in response to complaints that specific entities, such as the Texas Youth Commission (TYC), were unaware of their notification obligations. TCTA, therefore, clarified and strengthened these obligations to ensure that educators receive all information needed to provide a safe learning environment. Yet educators also have a duty to respect the confidentiality of the information entrusted to them and to ensure that these students have access to the educational opportunities offered by the district.
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.
You are entitled to notification when a student under your supervision is required to register as a sex offender. Texas Code of Criminal Procedure, Article 15.27.
In addition, you are entitled to notification when a student under your supervision is subject to removal to a DAEP 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 a DAEP.
Texas Education Code §§ 37.006-37.007.
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