June 04, 2005
A bill that would give school officials more discretion in discipline matters by allowing them to evaluate individual circumstances before expelling students for certain infractions is awaiting Gov. Rick Perry's approval.The measure, House Bill 603, co-authored by Rep. Rob Eissler, R-The Woodlands, would have a significant effect on cases in which students unknowingly bring weapons to school.
"There are circumstances when students don't realize they have brought illegal items to school and this bill would offer them some protection," said bill supporter Lonnie Hollingsworth, director of governmental relations with Texas Classroom Teachers Association.
Too many of us have seen this happen, or at least read about it. Kid brings a pocket knife to school after a scout meeting. Kid leaves a knife in the car after helping someone move over the weekend. Kid has an ax in the car after a camping trip. Kid brings a knife to use as a utensil at lunch. None of them is a case of actually USING a knife as a weapon -- it is all about potential abuse of a tool, so the tool is banned. And even though there is clearly no intent to violate the rule, and certainly no intent to use what is clearly a tool, kids find themseves facing long suspensions or expulsions.
The irony is that the disciplinary codes of every ditrict, as well as the relevant statutes, already allow for such discretion. They say that a student MAY be expelled or expended, not SHALL be expelled or suspended. Thus the discretion exists to look at the totality of the situation -- but nobody does, for fear of a lawsuit from the kid who pulls a switchblade and stabs a faculty member and then gets expelled.
If Perry signs Eissler's bill, schools would have a clear option before punishing a student for misconduct to consider the intent or lack of intent to do harm; disciplinary history; any disability that would impair the student's ability to understand the offense; and whether the act constitutes self-defense. The bill still complies with the 1994 Gun Free Schools Act, which demands automatic expulsion for students who bring firearms to a public school campus or function.
Imagine that -- common sense and discipinary action that fits the offense. No more suspensions for defending oneself from someone who jumped you from behind. No treating a chronic offender and a kid who has never been sent to the office like there is no difference between them. In other words, a requirement that administrators be required to THINK before passing sentence on a kid.
What a concept!
Posted by: Greg at
12:05 PM
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My only concern would be HOW the policy is enforced. If the child's word is simply taken on intent that could lead to many dangerous situtations. Why wouldn't a child (who wanted to) bring a weapon to school if they knew they just needed to make up some innocent sounding story to get a decreased punishment should they be found out?
Overall I'd agree with you that this isn't a bad piece of legislation, with it noted that I have some concerns over how it is enforced.
Posted by: dolphin at Sat Jun 4 12:53:39 2005 (w7Gii)
I worked as a stockwoerker at the base PX as a kid. I always had eiither my (keychain size) box cutter or my Buck knife in my pocket.
One day my AP needed was trying to open a box -- I yanked out the knife, lopened it, slit the tpe and folded it in one quick movement. His response (despite the eule on weapons)? "Thanks." It was clear that I had a tool, not a weapon.
Oh, and while I am talking about my old high school, did i ever mention the name one of the guys who graduated 5 years before me -- with the class of 1976? Rick Santorum.
Posted by: Rhymes With Right at Sat Jun 4 13:09:32 2005 (xsPyC)
Posted by: dolphin at Sat Jun 4 19:39:13 2005 (MIt/1)
The blog at www.zerointelligence.net has it right.
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