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