Texas should take steps to ensure no family endures tragedy like this again

New details emerged yesterday in the case of Noe Nino de Rivera, the Texas high school student who suffered brain damage after a school resource officer tased him on school grounds.  A security video demonstrates that Noe was not displaying aggressive behavior toward the officer, a Bastrop County deputy sheriff, and in fact may have been backing away—contrary to claims of sheriff’s officials. Sadly, this is precisely the type of incident the American Civil Liberties Union (ACLU) and other advocates have warned state and federal officials could result from ill-trained officers, unnecessarily harsh disciplinary practices, and lack of basic accountability. For example, in 2011, the ACLU of Texas issued a report in which we called for: new and better training for officers stationed in schools; improved reporting on uses of force against students; a statewide policy governing use of force by officers in schools; and an end to the use of Tasers and pepper spray by school police. That same year, Texas legislators introduced two bills that would have implemented some of these improvements. Similar bills were introduced in the 2013 legislative session, including one on training and another on reporting. They all died in committee, despite the valiant efforts of a few lawmakers who understand that law-enforcement officers stationed in our public schools need different guidance and oversight than officers patrolling our streets. In the wake of Noe’s tasing and hospitalization late last year, the ACLU of Texas and six other civil rights and social justice organizations, including Texas Appleseed, asked the Texas Commission on Law Enforcement (TCOLE)  to end use of so-called “less-than-lethal weapons” in school districts and to launch a comprehensive review of use of force in schools. Thankfully, this tragic incident has prompted at least a response. While the agency has not agreed to a full review, it is working with advocates to create a new training curriculum for officers in schools and to change some use-of-force trainings to include de-escalation techniques and other alternatives. But we have to do more. For one, Governor Perry and other state leaders should initiate a review. And come 2015, when legislators return to the state capitol, they should tackle this issue in earnest and finally implement specialized training requirements and reporting on use of force in schools—not to mention consider whether weapons like pepper spray and Tasers have a place in our schools at all. Schools across Texas have law enforcement officers stationed in schools. The goal is to keep our kids safe. So isn’t it time we work together to require appropriate training and oversight to ensure that law enforcement are part of the public safety solution, not part of the problem? Just ask Noe’s family.