Bill Text: TX HB2126 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Relating to information reported through the Public Education Information Management System and to parents regarding disciplinary measures or restraint used by a public school.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2023-05-10 - Placed on General State Calendar [HB2126 Detail]

Download: Texas-2023-HB2126-Comm_Sub.html
  88R22061 AMF-D
 
  By: Goodwin H.B. No. 2126
 
  Substitute the following for H.B. No. 2126:
 
  By:  Thompson of Harris C.S.H.B. No. 2126
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to information reported through the Public Education
  Information Management System and to parents regarding
  disciplinary measures or restraint used by a public school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.0011(b), Education Code, is amended
  to read as follows:
         (b)  If the board of trustees of an independent school
  district adopts a policy under Section 37.001(a)(8) or the
  governing body of an open-enrollment charter school adopts a policy
  under Section 12.131(a) under which corporal punishment is
  permitted as a method of student discipline:
               (1)  not later than the beginning of each school year,
  the district or school must provide to each student's parent,
  guardian, or other person having lawful control over the student
  for whom the district or school has an e-mail address a notice by
  e-mail that includes:
                     (A)  a statement of that person's right to
  prohibit the use of corporal punishment against the student;
                     (B)  the district's or school's policy on the use
  of corporal punishment and the definition of corporal punishment
  under Subsection (a);
                     (C)  the procedure, in a readily understandable
  format, for the parent, guardian, or other person having lawful
  control over the student to prohibit the use of corporal punishment
  against the student; and
                     (D)  a conspicuous statement that, as provided by
  Subsection (c), a new written, signed statement must be submitted
  by a student's parent, guardian, or other person having lawful
  control over the student to the district or school each school year
  to prohibit the use of corporal punishment against the student
  during that school year; and
               (2)  [,] a district or school educator may use corporal
  punishment to discipline a student during a school year unless the
  student's parent or guardian or other person having lawful control
  over the student has previously provided a written, signed
  statement prohibiting the use of corporal punishment as a method of
  student discipline for that school year.
         SECTION 2.  Subchapter A, Chapter 37, Education Code, is
  amended by adding Section 37.024 to read as follows:
         Sec. 37.024.  REQUIRED PEIMS REPORTING OF DISCIPLINARY
  MEASURES AND RESTRAINT; REPORT.  (a)  Each school district and
  open-enrollment charter school shall include in the district's or
  school's Public Education Information Management System (PEIMS)
  report the total number, disaggregated by race, ethnicity, gender,
  status as receiving special education services, and status as being
  in the conservatorship of the Department of Family and Protective
  Services, of, as applicable:
               (1)  incidents of uses of corporal punishment, if the
  district or school permits the use of corporal punishment;
               (2)  incidents of uses of restraint, as defined by
  Section 37.0021;
               (3)  reports to local law enforcement under Section
  37.015 or 37.0151;
               (4)  suspensions of students by the district or school,
  disaggregated by the number of students who received:
                     (A)  only one out-of-school suspension during the
  year;
                     (B)  more than one out-of-school suspension
  during the year; and
                     (C)  one or more in-school suspensions;
               (5)  changes in school placement, including placement
  in a juvenile justice alternative education program or a
  disciplinary alternative education program;
               (6)  discretionary and mandatory expulsions, including
  expulsions arising under a zero-tolerance policy adopted by the
  district or school;
               (7)  citations for Class C misdemeanors; 
               (8)  arrests; and
               (9)  referrals to a truancy court.
         (b)  The agency shall:
               (1)  aggregate the data required under Subsection (a)
  by state, region, district or school, and campus in an annual report
  that is readily understandable;
               (2)  make the report publicly available on the agency's
  Internet website; and
               (3)  provide the report to each school district and
  open-enrollment charter school.
         (c)  Each school district and open-enrollment charter school
  shall provide annually to each student's parent, guardian, or other
  person having lawful control over a student enrolled in the
  district or school for whom the district or school has an e-mail
  address a notice by e-mail that includes:
               (1)  a copy of the report under Subsection (b);
               (2)  a summary that compares the aggregate data
  collected under Subsection (a) for the district or school campus
  and for the state, region, and other campuses in the district or the
  geographic area served by the school; and
               (3)  the Internet website link to the report under
  Subsection (b) on the agency's Internet website.
         (d)  The commissioner shall adopt rules as necessary to
  implement this section, including rules to ensure compliance with
  the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
  Section 1232g).
         SECTION 3.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
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