Bill Text: TX HB2885 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to requiring a school district to report data regarding restraints administered to, sanctions imposed on, complaints filed against, citations issued to, and arrests made of students.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-05-06 - Committee report sent to Calendars [HB2885 Detail]
Download: Texas-2015-HB2885-Introduced.html
| By: Giddings | H.B. No. 2885 | |
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| relating to requiring a school district to report data regarding | ||
| restraints administered to, sanctions imposed on, complaints filed | ||
| against, citations issued to, and arrests made of 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 37.0815 to read as follows: | ||
| Sec. 37.0815. REPORT TO AGENCY ON RESTRAINTS, SANCTIONS, | ||
| COMPLAINTS, CITATIONS, AND ARRESTS. (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) "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. | ||
| (3) "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 Taser. | ||
| (4) "Taser" means a device manufactured, sold, or | ||
| distributed by Taser International, Incorporated, that is | ||
| intended, designed, made, or adapted to incapacitate a person by | ||
| inflicting an electrical charge through the emission of a | ||
| projectile or conductive stream. The term, for purposes of this | ||
| section, includes a similar device manufactured, sold, or | ||
| distributed by another person. | ||
| (b) Not later than the 60th day after the last day of classes | ||
| for the academic 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 academic year, organized | ||
| by campus: | ||
| (1) restraints administered to a student; | ||
| (2) sanctions imposed on a student under a system of | ||
| graduated sanctions developed under Section 37.144; | ||
| (3) complaints filed against a student under Section | ||
| 37.145; | ||
| (4) citations issued to a student; and | ||
| (5) arrests made of a student. | ||
| (c) The incident-based data submitted under this section | ||
| must include, as applicable, information identifying: | ||
| (1) the age of the student; | ||
| (2) the gender of the student; | ||
| (3) the race or ethnicity of the student; | ||
| (4) whether the student is eligible for special | ||
| education services under Section 29.003; | ||
| (5) whether the student is a student of limited | ||
| English proficiency, as defined by Section 29.052; | ||
| (6) the nature of the offense; | ||
| (7) whether the offense occurred during regular school | ||
| hours; | ||
| (8) whether the offense occurred on school property or | ||
| off school property while the student was attending a | ||
| school-sponsored or school-related activity; | ||
| (9) the type of restraint administered to the student; | ||
| (10) the type of sanction imposed on the student; | ||
| (11) the offense for which a complaint was filed | ||
| against the student or for which the student was issued a citation | ||
| or was arrested; and | ||
| (12) the campus at which the student is enrolled. | ||
| (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. | ||
| SECTION 2. This Act applies beginning with the 2015-2016 | ||
| school year. | ||
| SECTION 3. 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, 2015. | ||
