81R12514 CAE-D
 
  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) It
  is a violation of the educator's code of ethics adopted under
  Section 21.041 for an educator to 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)  The board shall issue sanctions against an educator who
  violates this section. Sanctions may include:
               (1)  issuing a reprimand;
               (2)  placing a restriction on the certificate of the
  educator;
               (3)  suspending the certificate of the educator; or
               (4)  revoking or canceling the certificate of the
  educator.
         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.