| 1 | 1 | | By: Thompson H.B. No. 2280 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the right of a public school educator to remove a |
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| 7 | 7 | | student from the educator's classroom. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter B, Chapter 21, Education Code, is |
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| 10 | 10 | | amended by adding Section 21.0412 to read as follows: |
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| 11 | 11 | | Sec. 21.0412. EDUCATOR'S RIGHT TO REMOVE STUDENT. (a) An |
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| 12 | 12 | | educator may not retaliate against another educator for having |
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| 13 | 13 | | removed a student from that educator's classroom as provided by |
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| 14 | 14 | | Section 37.002. |
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| 15 | 15 | | (b) Actions that may be considered retaliation under this |
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| 16 | 16 | | section include: |
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| 17 | 17 | | (1) suspending or terminating the employment of the |
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| 18 | 18 | | educator; and |
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| 19 | 19 | | (2) taking other adverse personnel action against the |
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| 20 | 20 | | educator, including reassigning the educator or giving the educator |
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| 21 | 21 | | a negative appraisal. |
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| 22 | 22 | | (c) This section does not affect any other remedy allowed by |
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| 23 | 23 | | law. |
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| 24 | 24 | | (d) It shall be an affirmative defense to the issuance of |
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| 25 | 25 | | sanctions that the educator's removal of the student was not in |
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| 26 | 26 | | accordance with Section 37.002 or Section 37.004, and that the |
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| 27 | 27 | | educator did not act in good faith in removing the student. |
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| 28 | 28 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 29 | 29 | | school year. |
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| 30 | 30 | | SECTION 3. This Act takes effect immediately if it receives |
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| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
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| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
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| 34 | 34 | | Act takes effect September 1, 2009. |
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