HB3549 - Relating to requiring a school district or open-enrollment charter school to report data regarding certain disciplinary or law enforcement actions taken against students.

  89R15940 KJE-F     By: Ward Johnson H.B. No. 3549       A BILL TO BE ENTITLED   AN ACT   relating to requiring a school district or open-enrollment charter   school to report data regarding certain disciplinary or law   enforcement actions taken against students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.088 to read as follows:           Sec.   37.088.     REPORT TO AGENCY ON CERTAIN DISCIPLINARY OR   LAW ENFORCEMENT ACTIONS.   (a)   In this section:                 (1)     "Citation" means a ticket issued to a student for a   Class C misdemeanor by a school district peace officer or other   peace officer acting under a memorandum of understanding described   by Subsection (g).                 (2)     "Conducted energy weapon" means a device that is   intended, designed, made, or adapted to inflict pain on,   immobilize, or incapacitate a person by delivering electrical   energy into the person's body through direct contact or through one   or more projectiles.                 (3)     "OC spray" means any aerosol-propelled   debilitation device that is composed of a lachrymatory chemical   compound that irritates the eyes to cause tears, pain, or temporary   blindness. The term includes pepper spray, capsicum spray, OC gas,   and oleoresin capsicum.                 (4)     "Restraint" means the use of physical force or a   mechanical device to significantly restrict the free movement of   all or a portion of a student's body. The term includes the use of:                       (A)  a baton or a similar club;                       (B)  OC spray; and                       (C)  a conducted energy weapon.           (b)     Not later than the 60th day after the last day of classes   for the school year, the superintendent of a school district shall   electronically submit to the agency a report that contains   incident-based data describing the total number of the following   incidents occurring during the preceding school year, organized by   campus:                 (1)  restraints administered to a student;                 (2)     complaints filed against a student under Section   37.145; and                 (3)     the following incidents occurring on school   property that result from a district employee's request for   intervention by a law enforcement agency, district peace officer,   or school resource officer:                       (A)  citations issued to a student; and                       (B)  arrests made of a student.           (c)     The incident-based data submitted under this section   must include:                 (1)  as applicable, information identifying:                       (A)  the age of the student;                       (B)  the gender of the student;                       (C)  the race or ethnicity of the student;                       (D)     whether the student is eligible for special   education services under Section 29.003;                       (E)     whether the student is an emergent bilingual   student, as defined by Section 29.052;                       (F)     whether the student is in the conservatorship   of the Department of Family and Protective Services;                       (G)     whether the student is homeless, as defined   by 42 U.S.C. Section 11302;                       (H)  the nature of the offense;                       (I)     whether the offense occurred during regular   school hours;                       (J)     whether the offense occurred on school   property or off school property while the student was attending a   school-sponsored or school-related activity;                       (K)     the type of restraint administered to the   student;                       (L)     the offense for which a complaint was filed   against the student or for which the student was issued a citation   or was arrested; and                       (M)     the campus at which the student was enrolled   at the time of the incident; and                 (2)     for each campus for which an incident described by   Subsection (b) is reported, a comparison of the demographics of   students who were the subject of such an incident to the   demographics of the campus's student body, disaggregated by each   student group described by Subdivision (1)(A), (B), (C), (D), (E),   (F), or (G).           (d)     The data collected for a report required under this   section does not constitute prima facie evidence of racial   profiling.           (e)     A report required under this section may not include   information that identifies the peace officer who issued a   citation.   The identity of the peace officer is confidential and not   subject to disclosure under Chapter 552, Government Code.           (f)     A report required under this section may not include   personally identifiable student information and must comply with   the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.   Section 1232g).           (g)     A school district that enters into a memorandum of   understanding with a local law enforcement agency for the provision   of a regular police presence on campus shall designate in the   memorandum of understanding which entity will be responsible for   collecting the data described by Subsection (b).           (h)     The agency shall collect the reports required under this   section, compile the data, and make the data available to the   public.   The data must be disaggregated by school district to the   extent possible while protecting the confidentiality of student   information in accordance with Subsection (f).           (i)     The commissioner shall adopt rules as necessary to   implement this section, including rules requiring the reporting of   incident-based data using existing Public Education Information   Management System (PEIMS) codes for the reporting of incidents   described by Subsection (b).          SECTION 2.  Section 12.104(b), Education Code, is amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  reading instruments and accelerated reading   instruction programs under Section 28.006;                      (D)  accelerated instruction under Section   28.0211;                      (E)  high school graduation requirements under   Section 28.025;                      (F)  special education programs under Subchapter   A, Chapter 29;                      (G)  bilingual education under Subchapter B,   Chapter 29;                      (H)  prekindergarten programs under Subchapter E   or E-1, Chapter 29, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (I)  extracurricular activities under Section   33.081;                      (J)  discipline management practices or behavior   management techniques under Section 37.0021;                      (K)  health and safety under Chapter 38;                      (L)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  the right of a school under Section 37.0052   to place a student who has engaged in certain bullying behavior in a   disciplinary alternative education program or to expel the student;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  a parent's right to information regarding the &#xA0 [Text truncated for display. 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