Relating to disorderly or threatening behavior and measures by public schools and institutions of higher education to prevent that behavior; increasing criminal penalties; creating a criminal offense.
Impact
The bill amends existing sections of the Education Code to include provisions for immediate parental notification whenever a student is alleged to have engaged in behavior that could be classified as disorderly or threatening. This requirement aims to enhance accountability among both students and parents by ensuring that guardians are informed of their child's actions that breach the law. Furthermore, the bill increases the criminal penalties associated with various offenses related to threatening behavior, adjusting them to fit the context of school environments, thus emphasizing the importance of maintaining a safe educational setting.
Summary
House Bill 4416 introduces significant changes to the handling of disorderly or threatening behavior within public schools and institutions of higher education in Texas. The bill mandates the implementation of a comprehensive prevention and outreach program aimed at educating students about the consequences of such behavior, specifically including acts like doxing, which involves the malicious posting of personal information online. This awareness campaign will require schools to inform students and their guardians about responsible online behavior and the processes for reporting any suspicious activities that could lead to or represent disorderly conduct.
Contention
Notably, HB4416 has drawn attention for its expanded definitions of offenses and heightened consequences, particularly those involving doxing and parental responsibilities. By classifying parental failure to intervene in their child's unlawful conduct as a Class B or potentially even Class A misdemeanor, the bill places significant legal implications on parents. Critics may argue this introduces a contentious dynamic in parental responsibilities and could disproportionately penalize families for their children's actions, raising questions about the fairness and practicality of such measures. Overall, the reception of the bill reflects deeper societal discussions on safety in schools and the role of families in managing student behavior.
Texas Constitutional Statutes Affected
Education Code
Chapter 29. Educational Programs
Section: New Section
Chapter 37. Discipline; Law And Order
Section: New Section
Chapter 51. Provisions Generally Applicable To Higher Education
Section: New Section
Penal Code
Chapter 42. Disorderly Conduct And Related Offenses
Relating to studies or surveys on children's sexual behavior conducted at or by a public primary or secondary school or by a public or private institution of higher education or another person; creating criminal offenses; imposing civil penalties.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to the possession or use of marihuana or e-cigarettes on or near public school property or at certain school events; creating a criminal offense.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to the establishment of the Texas Board of Behavior Analyst Examiners and the requirement to obtain a license to practice as a behavior analyst or assistant behavior analyst; imposing fees; providing an administrative penalty.
Relating to the establishment of the Texas Board of Behavior Analyst Examiners and the requirement to obtain a license to practice as a behavior analyst or assistant behavior analyst; imposing fees; providing an administrative penalty; providing a civil penalty; creating a criminal offense.
Changes the name of "applied behavior assistant analyst" to "assistant applied behavior analyst" and makes several changes to provide consistency in the certification language for behavioral analysts.
Changes the name of "applied behavior assistant analyst" to "assistant applied behavior analyst" and makes several changes to provide consistency in the certification language for behavioral analysts.