You might think that it would be simple to figure out if a teacher should be terminated for using excessive force with a student. I would guess that everyone would agree that “excessive force” used against a student would be sufficient cause to fire a teacher. But what is “excessive”? And how do you figure in the unique Texas statute that gives teachers a pass for using force on a student as long as they reasonably believe that the use of force was necessary? When is a teacher’s belief about this “reasonable”?
So it’s complicated. And that’s why the case of Edinburg CISD v. Villarreal has taken so many twists and turns. The administration recommended that Mr. V be terminated for the unreasonable use of force. The independent hearing examiner agreed with that recommendation. The school board agreed with it. The Commissioner disagreed with it and ordered the district to reinstate the teacher. The state district court agreed with the Commissioner. Now the Court of Appeals has disagreed with the district court and with the Commissioner, agreed with the school board, the independent hearing examiner and the administration. So as of today, Mr. V is fired.
The ins and outs of the court’s decision are too arcane to deal with this close to the end of the school year. Suffice it to say that schools should tread carefully when taking disciplinary action against a teacher for the use of force with a student. Teachers in Texas have an unusual degree of legal protection in those situations. That’s because of Texas Education Code 22.0512, which gives teachers immunity from any disciplinary action if the force they used was 1) not deadly; and 2) the teacher reasonably believed that the force was necessary to further a special purpose or to maintain discipline in the group.
Of course the teacher testifying that “I thought it was reasonable” is not the end of the story. The teacher’s belief about that has to meet the “reasonable person” test. Would the hypothetical reasonable person, facing those circumstances, believe that physical force was necessary? You can see from the elasticity of those standards how arguments can fester.
So be careful. Call your lawyer. The case is Edinburg CISD v. Villarreal, decided by the Court of Appeals for Corpus Christi-Edinburg on April 9, 2020.
DAWG BONE: THE ONLY TEACHER “RIGHT” THAT IS EXPANDING THESE DAYS IS THE RIGHT TO USE PHYSICAL FORCE WITH STUDENTS. HMMM.
Tomorrow: It’s different in a charter school