Does anyone think that student teachers, who are not employed by the school, but are enrolled at local colleges fulfilling certification requirements, are possibly covered under 21.12?

But 90% (or more) would be subject to 21.11 and 22.011.

Of course, you could make an argument that the student teacher was a constructive employee. But I wouldn't want to bet on that flying.

Look at Hopkins v. Spring ISD, 736 SW2d 617.

If the student teacher is protected (tort immunity) under the Education Code, just like a paid teacher, maybe he/she would be liable under the Penal Code (just like a paid teacher).

Thanks for the replies. I think we are going to go by the literal wording of the statute.

Al, I have tried 2 coaches already under this section and I shudder to think that it may be unconstitutional because its too broad. The last case involved a janitor who pled without a trial. I have no desire to rock the boat becuse this is a good statute but we need to figure out if there should be more restrictions in the definitions.Full time Janitors defintely fit but I am not sure I would stretch it with part timers. Someone big and smart run with it!