Relating to a school district professional employee's liability for certain criminal conduct against a student.
Impact
The bill's enactment would have significant implications for school district employees, particularly in how they handle disciplinary actions with students. The bill provides a degree of protection for school employees by limiting their personal liability in situations where they are exercising judgment or discretion. However, the delineation of liability in instances of excessive force or criminal conduct introduces a critical standard that employees must adhere to in their roles. The bill is designed to foster a safer environment for students while also protecting the professional staff from unwarranted legal actions.
Summary
House Bill 2004 aims to establish clearer guidelines regarding the liability of school district professional employees when it comes to certain criminal conduct against students. The bill seeks to amend the Education Code to clarify that professional employees will not be personally liable for acts that fall within the scope of their duties unless specific exceptions are met. These exceptions include cases where the employee uses excessive force in disciplining students or engages in criminal behavior as defined by various sections of the Penal Code, such as assault or sexual offenses.
Contention
One of the notable points of contention surrounding HB 2004 could arise from concerns about the balance between protecting school employees and ensuring student safety. Critics may argue that the bill could lead to less accountability for inappropriate behavior by staff, potentially undermining student welfare. On the other hand, supporters may emphasize the need for professionals in education to operate without the fear of personal liability when acting within the bounds of their job duties. The debate may reflect broader concerns regarding the responsibilities of educators and the measures necessary to protect both students and the professionals who serve them.
Texas Constitutional Statutes Affected
Education Code
Chapter 22. School District Employees And Volunteers
Section: 0511
Penal Code
Chapter 19. Criminal Homicide
Section: New Section
Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
Relating to requiring a school district or open-enrollment charter school to report data regarding certain disciplinary or law enforcement actions taken against students.
Relating to a public school classroom safety review and referral program for students who engage in violent criminal conduct; creating a criminal offense.
Relating to a public school classroom safety review and referral program for students who engage in violent criminal conduct; creating a criminal offense.
Relating to a public school classroom safety review and referral program for students who engage in violent criminal conduct; creating a criminal offense.
Relating to a public school classroom safety review and referral program for students who engage in violent criminal conduct; creating a criminal offense.
Relating to certain criminal conduct involving agricultural land, including the justified use of force or deadly force to protect agricultural land from that conduct, and to civil liability arising out of certain justified threats to use force or deadly force; creating a criminal offense.