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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of a public school educator to remove a |
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student from the educator's classroom. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Section 21.0412 to read as follows: |
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Sec. 21.0412. EDUCATOR'S RIGHT TO REMOVE STUDENT. (a) An |
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educator may not retaliate against another educator for having |
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removed a student from that educator's classroom as provided by |
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Section 37.002. |
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(b) Actions that may be considered retaliation under this |
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section include: |
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(1) suspending or terminating the employment of the |
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educator; and |
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(2) taking other adverse personnel action against the |
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educator, including reassigning the educator or giving the educator |
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a negative appraisal. |
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(c) This section does not affect any other remedy allowed by |
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law. |
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(d) It shall be an affirmative defense to the issuance of |
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sanctions that the educator's removal of the student was not in |
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accordance with Section 37.002 or Section 37.004, and that the |
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educator did not act in good faith in removing the student. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |