LEGISLATIVE WATCH: TEACHERS CAN USE “DEADLY FORCE”?

Here’s an interesting bill to keep an eye on: The Teacher’s Protection Act. It would permit any educator to use force—including “deadly force”—to protect the teacher, the teacher’s students, or school property. The standard the bill would apply would be “if, under the circumstances as the educator reasonably believes them to be, the educator would be justified” in using force or “deadly force” under various sections of the Penal Code. The educator who uses deadly force under these circumstances would be able to offer a defense to prosecution. Moreover, if the “deadly force” results in death or injury to someone, our force-using educator would be entitled to immunity from civil liability.

Headline writers are already having fun with this: “Texas Teachers Can Gun Down Kids Under Bill.”

This bill also includes a provision that would effectively override your school’s code of conduct. It says that a principal may suspend a student who engages in conduct that contains the elements of the offense of assault, under Texas Penal Code 22.01 against a school employee “regardless of whether that conduct is identified in the student code of conduct as conduct for which a student may be suspended.”

Hmmmm. After reading this statute, we are wondering about three things. First, is there any school code of conduct that does NOT call for a suspension (or harsher penalty) for kids who assault school employees? Second, are the teacher groups in favor of this “deadly force” provision? Third, this being the actual factual birthday of Abe Lincoln: what would Mr. Lincoln think of this????

The bill is H.B. 868, introduced by Rep. Dan Flynn, a Republican from Van. Keep an eye on it.

DAWG BONE: THE LEGISLATURE IS IN TOWN! STAY ALERT!!