Texas Laws

A law was recently passed in Texas which gives teachers detailed information about students’ criminal histories, offenses, and parole status for those released from state facilities.  This has many people in an uproar and there are debates over students’ rights Vs teachers’ safety.  The legislation was brought on after a teacher in Tyler, Texas was stabbed by a student in 2009. 

While the thought of criminal offense information being made available to schools and teachers specifically may sound alarming, it needs to be stressed that much of this information is already shared.  When a juvenile or school-aged person is arrested, notification is made directly from the police agency to the school district representative.  The law requires that the superintendent be notified, however in many cases the district’s discipline office handles them.  Not to mention, over 100 school districts in Texas have their own police department.  Many of these arrests are handled in the school where the teachers have direct knowledge of the facts and the students. 

In Texas, juvenile inmates attend school and take all the mandated state tests.  When those inmates are released, their school information is sent to both the parole department and the home school district.  Records are evaluated for testing and evaluation procedures to ensure the student gets placed in the right grade and receives the appropriate credit for work done while incarcerated. 

Since student arrest information is already being shared at the administrative levels of the schools, what is going to be done with the information once the teachers get a hold of it?  There are already strict rules in place for consequences for criminal activity in a school, near a school, and while a student at a school.  These rules have not changed.  Teachers are not going to be able to send a student to alternative school just because they read an arrest report.  As with the student who stabbed the teacher in Tyler, Texas, there are also strict rules in place as to what interventions and punishments can be given to students who receive special education services.  Having access to criminal history is not going to change those rules neither. 

This law goes into effect in October, 2011.  Here’s a possible case…

Over the 4^th of July Holiday, a 15 year old gang member attends a party with friends.  A fight breaks out with a rival gang and this child is arrested for aggravated assault with a deadly weapon.  Since he has no prior convictions, he spends approximately 45 days in the juvenile detention center and is released on intensive supervision probation.  School starts on August 22, 2011, and due to his offense, the student starts the year at an alternative education program.  He completes his 90 day stay at the AEP and returns to his school.  His first year teacher learns of her new student’s criminal offense and is in fear for her safety. 

School districts across the state are going to have to tackle these problems.  You will have some staff who read criminal information, take note of it and continue teaching, and you will have others who don’t even read the information if they are provided it.  There problem will be when you have teachers who make decisions based on the information and not on the students themselves. 

What steps are taken to ensure the teacher feels safe without violating the student’s rights?  Is it fair to further punish the student?  Should the teacher seek other employment if she is scared?  Who will make these decisions?