By Kim Hilsenbeck
A new law that went into effect Sept. 1 is receiving kudos from Hays County school resource officers (SROs) and a local justice of the peace alike.
Senate Bill (SB) 393 by Royce West (D-District 23) puts the power of behavior management back in public schools. The law prohibits SROs from issuing citations to students under 18 for certain Class C misdemeanors such as fighting, minor assault and disorderly conduct including cussing or disruption of class.
The way the rules are currently written, minor assault could include someone throwing a piece of crumpled up paper and hitting another person on the head. Sgt. James Young of the Hays County Sheriff’s Office (HCSO) said disruption of class could include dropping a book in hallway and cussing.
“Is that really meant to disturb the peace?” he asked rhetorically.
Instead of issuing citations, Young said the new law encourages behavior contracts, community service and counseling as an alternative to a legal punishment.
The question, then, becomes – is it working?
Young seems to think it is.
“The teachers are being very proactive,” Young said. “They have actually caught students [committing offenses] by being more proactive during passing periods.”
Beth Smith, Hays County Justice of the Peace for Pct. 2, said she is happy with the new law.
“Those types of cases should be handled in school,” she said. “Don’t put a child in the criminal court system for these types of [Class C misdemeanor] citations.”
She also said juveniles in her court have always been given other options.
“I try to give them deferred disposition and instead order community service or anger management classes, not a fine,” Smith said. “Fines are a last resort.”
And for some families, fines can be a financial hardship.
Smith said the new law should decrease the number of Hays CISD students she sees in her courtroom by about two-thirds. She saw about 600 juveniles last year.
According to Smith, the most prevalent reason she sees students in her courtroom is failure to attend school. Truancy is a Class C misdemeanor.
More importantly, she said, the new law reduces the double-whammy effect.
“Kids and parents felt they were getting a double punishment – [the] Impact [Center] and court,” Smith said.
Impact is Hays CISD’s alternative disciplinary campus – it serves as a form of expulsion. Students can be assigned from one to more than 160 days at Impact depending on the offense committed.
Young said his SROs have not seen any significant increase in violations so far this year with the new law in place.
He added that while his officers are no longer issuing tickets for those Class C offenses, it doesn’t mean they are no longer engaged.
“We’re still involved with the process,” Young said. “We still do everything we normally would, including investigate the incident. If a case goes to court, we would be subpoenaed and still need to provide documentation. We can also consult with the school officials about how to handle situations.”
Hays CISD Superintendent Michael McKie said the administration is in favor of the new law.
“We support the change,” he said. “Most class C misdemeanor behavior can easily and appropriately be addressed with student disciplinary consequences. Adding criminal citations for this level of offense in a school setting just places a burden on parents and the criminal justice system, including law enforcement officers and court officials. Ultimately, the goal is not to be punitive, but to correct improper behavior. A citation is usually not necessary for minor infractions. We value the work law enforcement officers provide in helping to keep our schools safe.”
