Sec. 37.0151. REPORT TO LOCAL LAW ENFORCEMENT REGARDING CERTAIN CONDUCT CONSTITUTING ASSAULT OR HARASSMENT; LIABILITY. (a) The principal of a public primary or secondary school, or a person designated by the principal under Subsection (c), may make a report to any school district police department, if applicable, or the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if, after an investigation is completed, the principal has reasonable grounds to believe that a student engaged in conduct that constitutes an offense under Section 22.01 or 42.07(a)(7), Penal Code.
(b) A person who makes a report under this section may include the name and address of each student the person believes may have participated in the conduct.
(c) The principal of a public primary or secondary school may designate a school employee, other than a school counselor, who is under the supervision of the principal to make the report under this section.
(d) A person who is not a school employee but is employed by an entity that contracts with a district or school to use school property is not required to make a report under this section and may not be designated by the principal of a public primary or secondary school to make a report. A person who voluntarily makes a report under this section is immune from civil or criminal liability.
(e) A person who takes any action under this section is immune from civil or criminal liability or disciplinary action resulting from that action.
(f) Notwithstanding any other law, this section does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act under this section.
(g) A school district and school personnel and school volunteers are immune from suit resulting from an act under this section, including an act under related policies and procedures.
(h) An act by school personnel or a school volunteer under this section, including an act under related policies and procedures, is the exercise of judgment or discretion on the part of the school personnel or school volunteer and is not considered to be a ministerial act for purposes of liability of the school district or the district's employees.
Added by Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 4, eff. September 1, 2017.
Structure Texas Statutes
Chapter 37 - Discipline; Law and Order
Subchapter A. Alternative Settings for Behavior Management
Section 37.001. Student Code of Conduct
Section 37.0011. Use of Corporal Punishment
Section 37.0012. Designation of Campus Behavior Coordinator
Section 37.0013. Positive Behavior Program
Section 37.002. Removal by Teacher
Section 37.0021. Use of Confinement, Restraint, Seclusion, and Time-Out
Section 37.0022. Removal by School Bus Driver
Section 37.0023. Prohibited Aversive Techniques
Section 37.003. Placement Review Committee
Section 37.004. Placement of Students With Disabilities
Section 37.0051. Placement of Students Committing Sexual Assault Against Another Student
Section 37.0052. Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior
Section 37.006. Removal for Certain Conduct
Section 37.0061. Funding for Alternative Education Services in Juvenile Residential Facilities
Section 37.007. Expulsion for Serious Offenses
Section 37.008. Disciplinary Alternative Education Programs
Section 37.0081. Expulsion and Placement of Certain Students in Alternative Settings
Section 37.009. Conference; Hearing; Review
Section 37.0091. Notice to Noncustodial Parent
Section 37.010. Court Involvement
Section 37.011. Juvenile Justice Alternative Education Program
Section 37.012. Funding of Juvenile Justice Alternative Education Programs
Section 37.013. Coordination Between School Districts and Juvenile Boards
Section 37.014. Court-Related Children--Liaison Officers
Section 37.015. Reports to Local Law Enforcement; Liability
Section 37.016. Report of Drug Offenses; Liability
Section 37.017. Destruction of Certain Records
Section 37.018. Information for Educators
Section 37.0181. Professional Development Regarding Disciplinary Procedures
Section 37.019. Emergency Placement or Expulsion
Section 37.021. Opportunity to Complete Courses During In-School and Certain Other Placements
Section 37.022. Notice of Disciplinary Action
Section 37.023. Transition From Alternative Education Program to Regular Classroom