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Relating to the removal of a public school student from the classroom following certain conduct.
No significant fiscal implication to the State is anticipated.
SB 2432 would add harassment, as defined in the Penal Code, as a reason a teacher must remove a student from a classroom, and for which the student must be placed in disciplinary alternative education program (DAEP).
The harassment that would trigger this removal from the classroom and mandatory placement into a DAEP would include (1) making an obscene comment, request, suggestion or proposal; (2) threatening, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury or to commit a felony against the person, person's family, or person's property; (3) conveying, in a manner reasonably likely to alarm the person receiving the report, a false report that another person has suffered death or serious bodily injury; or (4) sending repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.
Texas Action opposes SB 2432 which violates limited government by placing an unnecessary mandate on teachers and school districts. Students may already be removed from class and placed in a DAEP for harassment. This should remain at the discretion of school principals.
Furthermore, this would require students to be removed from class for incidents that do not occur on school property. Under this bill, a student who sends annoying emails or text messages even while at home would be subject to mandatory suspension to a DAEP.
For these reasons we oppose SB 2432. We would withdraw our opposition with the adoption of an amendment to restore discretion in these matters.