They're students not criminals except at Barbra Bush Middle School.

http://cfbstaff.cfbisd.edu/bush/policies/policies.html#Conduct.

They're students not criminals. Twelve year old children should not be treated as criminals for a loud outburst or profanity. Barbra Bush Middle School criminalizes student misconduct by applying provisions in the State Education Code to protect schools from intentional disruptive behavior. (see the law below.)

Unfortunately, the administration at Barbra Bush Middle school applied this provision of the law to cite students for class B and C misdemeanors for misconduct including "...yelling or screaming in anger at another person, the use of profanity, behavior that repeatedly disrupts classroom instruction, or a physical altercation. This behavior may be between student & adult or student & student." However, if one actually reads the law, a person can only be cited for "entering a classroom without the consent of either the principal or the teacher and, through either acts of misconduct or the use of loud or profane language, disrupting class activities."

The law is not directed at students but, at "a person;" any person, including teachers and administrators, yelling or screaming in anger at another person, the use of profanity must be cited. If your student's teacher yells and screams in anger call the Irving police and ask to have them cited. Any law directed at “a person” must be enforced in the same matter, regardless if that person is a student, a teacher or administrator

Citations cannot be reversed once they are issued, and require appearance by the student and parent in court.

If not dismissed by the court, a Class C citation issued at school can
have long-lasting implications:
• Included on adult criminal record
• Not automatically expunged from a criminal record
• Must be disclosed on job and college applications as a “criminal conviction”
• May be considered in sentencing in future criminal cases

Unfortunately, the Board of Trustees has not established policies outlining the specific conditions and disruptive behavior that would require intervention by the police and the issuance of a citation.

A reasonable policy would include a cooling off period before citations are issued. Parents should have a 24-hour window in which they can appear before any criminal citation can be administered. The only exception would involve firearms and a continuing threat to the safety of school personnel and students. Concerning any infraction that may result potential law enforcement action, parents must be contacted immediately and given to opportunity to be present prior to any questioning by law enforcement.

If these policies remain unchanged at Barbra Bush Middle School, parents of students need to direct their child to remain silent in the event he/she is questioned by a teacher, principal, social worker, psychologist or police officer about any non-academic matter related to information about said student or another student. Because any statement they make can and will be used in a court of law.


Sec. 37.123. DISRUPTIVE ACTIVITIES. (a) A person commits an offense if the

person, alone or in concert with others, intentionally engages in disruptive

activity on the campus or property of any private or public school.
(b) For purposes of this section, disruptive activity is:
(1) obstructing or restraining the passage of persons in an exit, entrance, or

hallway of a building without the authorization of the administration of the school;
(2) seizing control of a building or portion of a building to interfere with an

administrative, educational, research, or other authorized activity;
(3) preventing or attempting to prevent by force or violence or the threat of

force or violence a lawful assembly authorized by the school administration so

that a person attempting to participate in the assembly is unable to participate

due to the use of force or violence or due to a reasonable fear that force or

violence is likely to occur;
(4) disrupting by force or violence or the threat of force or violence a lawful

assembly in progress; or
(5) obstructing or restraining the passage of a person at an exit or entrance to

the campus or property or preventing or attempting to prevent by force or violence

or by threats of force or violence the ingress or egress of a person to or from

the property or campus without the authorization of the administration of the

school.
(c) An offense under this section is a Class B misdemeanor.
(d) Any person who is convicted the third time of violating this section is

ineligible to attend any institution of higher education receiving funds from this

state before the second anniversary of the third conviction.
(e) This section may not be construed to infringe on any right of free speech or

expression guaranteed by the constitution of the United States or of this state.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.

Sec. 37.124. DISRUPTION OF CLASSES. (a) A person commits an offense if the

person, on school property or on public property within 500 feet of school

property, alone or in concert with others, intentionally disrupts the conduct of

classes or other school activities.
(b) An offense under this section is a Class C misdemeanor.
(c) In this section:
(1) "Disrupting the conduct of classes or other school activities" includes:
(A) emitting noise of an intensity that prevents or hinders classroom

instruction;
(B) enticing or attempting to entice a student away from a class or other school

activity that the student is required to attend;
(C) preventing or attempting to prevent a student from attending a class or other

school activity that the student is required to attend; and
(D) entering a classroom without the consent of either the principal or the

teacher and, through either acts of misconduct or the use of loud or profane

language, disrupting class activities.
(2) "Public property" includes a street, highway, alley, public park, or

sidewalk.
(3) "School property" includes a public school campus or school grounds on which

a public school is located and any grounds or buildings used by a school for an

assembly or other school-sponsored activity.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.