Sound reasoning, I think, from Judge Andrew Hanen (S.D. Tex.) Tuesday in Brown v. Splendora Indep. School Dist. Plus a bit more on other topics, which should offer a flavor of the set of complaints that plaintiff brought:
"On or about March 12, 2025, during a class testing period, Teacher [Name Not Specified in Allegations] removed RB from the classroom and referred him for suspension." (emphasis added). The reason he was removed, as specified in Plaintiff's Amended Complaint, was that RB refused to sit in his assigned seat, was being difficult, and was talking across the room while others were taking the test. RB claimed at the time that he perceived his being sent to the office to be "racial injustice." To make matters worse, RB then called the teacher a "racist." Brown admits in his Amended Complaint that RB was mistaken in this notion.
Brown claims that refusal to sit in one's assigned seat, being difficult, and talking during a test is not enumerated in the Student Code of Conduct and therefore cannot be the basis for discipline. To reach this conclusion, Brown again employs a very selective reading of the Code of Conduct.
The Code of Conduct requires students to demonstrate courtesy. Talking across the classroom, being difficult, and calling the teacher a "racist" while others are trying to take a test certainly violates that tenant.
