Texas is an odd state that is an assortment of anti-big government supporters, oil barons and law and order wielders. Remember, this is the state that warns all who can hear/read to not mess with it. Apparently, this applies to ten year old Texas residents as well. In continuing its long history of limited government and supporting individual’s rights Texas has issued a $260 ticket to a ten year old student for being disruptive in class. Yes, you are reading this correctly, a ten year old.
Officials of Travis Elementary School in El Paso, Texas issued this fine because the student fell asleep in class. When the student was awoken he became angry and left the classroom. The student was then issued a ticket for $260 that is based under Texas Education Code 37.124. The Class C Misdemeanor was later dismissed by a judge when the mother appealed this nonsense.
It seems as if the residents of Texas do not care if their local or federal government exerts totalitarian control over their pupils. This dictatorial message was sent to intimidate and control any subversive behavior that a student could be faulted for. Instead, the EPISD is just demonstrating their lack of respect for their students. Yes, this student might have been obnoxious, but put him in detention, suspend him or bring him down to the principal’s office. Do not make his mother pay a $260 ticket.
One of the Missions of the El Paso Independent School District is to “provide a challenging learning environment by investing in and utilizing the resources and assets of the District in order to maximize achievement for all students.” I am sure that no one would have imagined that “utilizing the resources and assets of the District” would mean possibly arresting, detaining, interrogating or fining ten year old students.
Here is the wonderful legal code known affectionately as Texas Education Code 37.124:
§ 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, § 1, eff. May 30, 1995.
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