TCTA testifies on Senate discipline bills

The Senate K-16 Education Committee met Tuesday, March 25, to discuss several discipline-related bills. 

Legislative offices often reach out to TCTA first when it comes to school discipline, and this session is no different. 

School discipline has been a persistent issue through the last few legislative sessions, with many school administrators and teachers observing increasingly serious student discipline incidents in schools, especially after the COVID-19 pandemic. Last August, a school administrator lost an eye when a student threw a wooden coat hanger at her while she was responding to a call for help from a classroom teacher. The incident was widely reported and the victim appeared at a House Public Education Committee hearing on school discipline to tell her story. 

State legislators have taken a keen interest in school discipline this session, not only because of particularly violent incidents in their own districts, but also the number of teachers citing school discipline as a reason for leaving the profession. With critical shortages of teachers across the state, ensuring that the profession is safe for educators and students is key to making teaching an attractive career.

Teacher Bill of Rights

SB 27 by Sen. Brandon Creighton (R-Conroe) contains a number of provisions aimed at bolstering rights of teachers. The bill would limit sanctions for resignations, improve the employee grievance process, create an incentive for districts to rehire retired teachers, implement a teacher time study, and enhance the authority of teachers in managing their classrooms. TCTA has worked extensively with Creighton to amend parts of SB 27. 

TCTA Director of Governmental Relations Pamela McPeters, appearing at the invitation of the Chair, testified in support of the bill. (Click here for the written testimony submitted to lawmakers.) McPeters thanked Creighton for keeping the focus on teachers, with a significant pay raise in SB 26 and now increased teacher protections in SB 27. She explained that increased responsibilities but decreased time for teachers is a major factor in teacher attrition, then expressed appreciation for including a teacher time study to inform efforts to improve working conditions at schools. McPeters continued by explaining the importance of strong rules for student removal and conditions for students to be returned to the classroom. 

Ending Chapter 37 exemptions

SB 1871 by Sen. Charles Perry (R-Lubbock) focuses more specifically on school discipline than SB 27. It removes the ability for school districts to exempt themselves from Chapter 37 of the Texas Education Code (school discipline) in District of Innovation plans, enhances the responsibilities of campus behavior coordinators, clarifies the student removal framework, changes rules related to in- and out-of-school suspensions, and increases access to telehealth services for students.

TCTA Staff Attorney Kaylan Dixon Smith testified in support of the bill. (Click here for the written testimony submitted to lawmakers.) She has become an expert on school discipline issues while working to represent TCTA members and was invited to share her expertise. She was joined by a handful of school administrators who offered their perspectives as well.

Despite TCTA's testimony to the contrary, the administrators spoke against removing their districts' ability to exempt themselves from Chapter 37, citing that the increased flexibility the exemption offers is key to maintaining discipline. They also stressed that teachers should exhaust all possible management techniques before referral and worried that a single campus behavior coordinator for a district would not be able to handle the volume of discipline issues. One administrator cited a survey of 2,500 teachers in his district: 44% had to evacuate their classroom due to a behavior incident and 82% experienced verbal threats from students. 

“Student discipline problems are linked to teacher attrition,” Dixon Smith said. “To be frank, if you want to keep teachers teaching, you must make the classroom safer. We must give teachers more autonomy and authority to maintain classroom environments that are safe and conducive for learning.”

Dixon Smith emphasized the importance of a return-to-class plan, created with the aid of a campus behavior coordinator, for students removed from class. Teachers often complain that students they send to the office quickly return without meaningful consequences, eroding the teacher's authority and their confidence in administrative support.  

At one point, Creighton asked, "If a violent student is returned to the classroom, how does the teacher effectively resume normal instruction?"

Dixon Smith replied, "I'm not sure how, but they do, and that's why we're here." 

She continued by describing how, despite the challenges facing teachers today, they press on, but still need the support of the legislature with school discipline. Committee members were supportive of her suggestions.

Other student discipline bills

TCTA also registered in support of SB 570 (student attendance), SB 605 (disallows charters under sanction from expanding), SB 991 (data on chronically absent students), SB 1872 (student must be sent to JJAEP if they assault a teacher), and SB 1874 (immunity from disciplinary proceedings for employees who report violations of disciplinary policies).

TCTA will continue being involved in the bills heard today to make them as beneficial for teachers as possible.