S.B. No. 1451
AN ACT
relating to the ability of public school teachers to maintain
student discipline without being subjected to adverse employment
consequences.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.351, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In adopting criteria described by Subsection (a)(1),
the commissioner shall ensure that a teacher may not be assigned an
area of deficiency in an appraisal solely on the basis of
disciplinary referrals made by the teacher or documentation
regarding student conduct submitted by the teacher under Section
37.002. This subsection does not prohibit a teacher from being
assigned an area of deficiency based on documented evidence of a
deficiency in classroom management obtained through observation or
a substantiated report.
SECTION 2. Section 21.352, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A school district may not assign an area of deficiency
to a teacher solely on the basis of disciplinary referrals made by
the teacher or documentation regarding student conduct submitted by
the teacher under Section 37.002. This subsection does not
prohibit a teacher from being assigned an area of deficiency based
on documented evidence of a deficiency in classroom management
obtained through observation or a substantiated report.
SECTION 3. Section 37.002, Education Code, is amended by
adding Subsections (b-1) and (e) to read as follows:
(b-1) A teacher may document any conduct by a student that
does not conform to the student code of conduct adopted under
Section 37.001 and may submit that documentation to the principal.
A school district may not discipline a teacher on the basis of
documentation submitted under this subsection.
(e) A student who is sent to the campus behavior
coordinator's or other administrator's office under Subsection (a)
or removed from class under Subsection (b) is not considered to have
been removed from the classroom for the purposes of reporting data
through the Public Education Information Management System (PEIMS)
or other similar reports required by state or federal law.
SECTION 4. This Act applies beginning with the 2019-2020
school year.
SECTION 5. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1451 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 25, 2019, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1451 passed the House, with
amendment, on May 22, 2019, by the following vote: Yeas 124,
Nays 20, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor