Alvin ISD
INCIDENT:
My son Keith, age 15 during the course of his lunch uttered a curse word to a friend. This was not directed at/to any Alvin ISD employ, facility, administrator or AISD police officer.
AISD RESPONSE:
AISD police upon hearing this bad word, questioned anyone that may have heard this bad word it they were offended. It appears that someone said yes in response to the question. My son Keith was issued a citation for disorderly conduct, a class “C” misdemeanor. Keith also received 3 day ISS, In School Suspension.
COURT:
We received a letter from the office of the Justice of the Peace for Brazoria County, stating when we were to appear before him and it includes a statement that if we fail to appear that I could be arrested. I told my son to plead however he felt comfortable and I would support him. He said he did say a bad word so he plead guilty. He received 20 hours community service, a $52 fine and 6 months probation with the threat if he were returned to that courtroom during his probation for any other offense he could possibly be led from the courtroom in handcuffs and taken to Juvenile Detention.
PROBLEMS:
1) Per the Texas Penal Code
(a) A person commits an offense if he intentionally or knowingly:
(6) fights with another in a public place
There was no breach of the peace and this was not his intention.
2) SUBCHAPTER C. LAW AND ORDER
(b)(2) may enforce all laws, including municipal ordinances, county ordinances, and state laws; and
School police officers should handle only serious crimes such as those spelled out in 37.007
