PUBLIC SERVANTS
All District employees are "public servants" and therefore subject to Title VIII of the Penal Code, regarding offenses against public administration, including bribery and corrupt influence (Chapter 36), perjury and other falsification (Chapter 37), obstructing governmental operation (Chapter 38), and abuse of office (Chapter 39). Penal Code 1.07(41), Title VIII
EMPLOYEE LIABILITY
A professional school employee is not personally liable for any act that is incident to or within the scope of the duties of the employee's position of employment and that involve the exercise of judgment or discretion, except in circumstances where, in disciplining a student, the employee uses excessive force or his or her negligence results in bodily injury to the student. "Professional employee" includes a superintendent, principal, teacher, supervisor, social worker, counselor, nurse, teacher's aide, a student in an education preparation program participating in a field experience or internship, a DPS-certified school bus driver, and any other person whose employment requires certification and the exercise of discretion. Education Code 22.051(a); Hopkins v. Spring ISD, 756 S.W.2d 617 (Tex. 1987); Barr v. Bernhard, 562 S.W.2d 844 (Tex. 1978)
DRUG ABUSE PREVENTION
In compliance with Workers' Compensation Commission rules, the District shall provide a written copy of the local drug abuse policy to each employee:
1. On or before the first day of employment; or
2. Within 30 days after the date the local policy is adopted by the Board.
28TAC 169.1(b)
TOBACCO USE PROHIBITED
The Board shall prohibit smoking or using tobacco products at a school-related or school-sanctioned activity on or off school property.
ENFORCEMENT
The Board shall ensure that District personnel enforce the policies on school property.
Education Code 38.006(1)(3) [See also FNCD and GKA]
DIETARY SUPPLEMENTS
Except as provided at Education Code 38.11(b), a District employee may not:
1. Knowingly sell, market, or distribute a dietary supplement that contains performance-enhancing compounds to a primary or secondary education student with whom the employee has contact as part of the employee's duties; or
2. Knowingly endorse or suggest the ingestion, intranasal application, or inhalation of a dietary supplement that contains performance-enhancing compounds by a primary or secondary student with whom the employee has contact as part of the employee's duties.
An employee who violates items 1 or 2, above, commits a Class C misdemeanor offense. Education Code 38.011
REPORT OF DRUG OFFENSES
A teacher, administrator, or other District employee is not liable in civil damages for reporting to a school administrator or governmental authority, in the exercise of professional judgment within the scope of the teacher's, administrator's, or employee's duties, a student whom the teacher suspects of using, passing, or selling, on school property any of the following substances:
1. Marijuana or a controlled substance, as defined by the Texas Controlled Substances Act.
2. A dangerous drug, as defined by the Texas Dangerous Drug Act.
3. An abusable glue or aerosol paint, as defined by Health and Safety Code Chapter 485, or a volatile chemical, if the substance is used or sold for the purpose of inhaling its fumes or vapors.
4. An alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code.
Education Code 37.016
REPORTS TO LOCAL LAW ENFORCEMENT
A principal or person designated by the principal is not liable in civil damages for making a good faith report, as required by law [see GRA], to the District's police department, if one exists, and to the police department of the municipality in which the school is located or, if the school is not in a municipality, to the sheriff of the county in which the school is located, when the principal has reasonable grounds to believe that any of the following activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, without regard to whether the activity is investigated by school security officers:
1. Conduct that may constitute an offense listed in Section 508.149, Government Code; deadly conduct, as described by Penal Code 22.05; or a terroristic threat, as described by Penal Code 22.07.
2. The use, sale or possession of a controlled substance, drug paraphernalia, or marijuana, as defined by Chapter 481, Health and Safety Code.
3. The possession of any of the weapons or devices listed in Penal Code 46.01(1)-(14) or (16) [see FNCG] .
4. Conduct that may constitute a criminal offense under Penal Code 71.02, Engaging in Organized Criminal Activity. Education Code 37/015
SBEC NOTIFICATION
BOARD ACTION
The Superintendent shall promptly notify in writing the State Board for Educator Certification (SBEC) by filing a report with the executive director of SBEC within seven calendar days of the date the Superintendent first obtains or has knowledge of information indicating any of the following circumstances:
1. That an applicant for or a holder of an educator certificate has a reported criminal history;
2. That a certified educator was terminated from employment based on a determination that he or she committed any of the following acts:
a. Any form of sexual or physical abuse of a minor or other illegal conduct with a minor.
b. The possession, transfer, sale or distribution of a controlled substance.
c. The illegal transfer, appropriation, or expenditure of school property or funds.
d. An attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle the individual to be employed in a position requiring such a certificate or permit or to receive additional compensation association with a position.
e. Commission of a crime, any part of which occurred on school property or at a school-sponsored event.
19 TAC 249.14
