Bill Text: TX HB3485 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to information reported through the Public Education Information Management System and to parents regarding disciplinary measures used by a school district.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2021-05-12 - Received from the House [HB3485 Detail]
Download: Texas-2021-HB3485-Engrossed.html
| By: Goodwin, Bernal, Wu, Israel | H.B. No. 3485 | |
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| relating to information reported through the Public Education | ||
| Information Management System and to parents regarding | ||
| disciplinary measures used by a school district. | ||
| 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) under which | ||
| corporal punishment is permitted as a method of student discipline: | ||
| (1) not later than the beginning of each school year, a | ||
| district must provide to each student's parent, guardian, or other | ||
| person having lawful control over the student for whom the district | ||
| 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 by the district against the | ||
| student; | ||
| (B) the district's policy on the use of corporal | ||
| punishment and the definition of corporal punishment under | ||
| Subsection (a); | ||
| (C) the procedure, in a format that is readily | ||
| understandable by an individual, for the parent, guardian, or other | ||
| person to prohibit the use of corporal punishment; and | ||
| (D) a conspicuous statement that 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 each school year to prohibit the use of corporal | ||
| punishment against the student during that school year; and | ||
| (2) [ |
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| punishment to discipline a student 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. | ||
| 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; REPORT. (a) Each school district shall include in the | ||
| district'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: | ||
| (1) incidents of uses of corporal punishment, if the | ||
| district permits the use of corporal punishment under Section | ||
| 37.0011; | ||
| (2) reports to local law enforcement under Section | ||
| 37.015 or 37.0151; | ||
| (3) suspensions under Section 37.005, 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; | ||
| (4) changes in school placement, including placement | ||
| in a juvenile justice alternative education program or a | ||
| disciplinary alternative education program; | ||
| (5) discretionary and mandatory expulsions, including | ||
| expulsions arising under a zero-tolerance policy adopted by the | ||
| district; | ||
| (6) citations for Class C misdemeanors; | ||
| (7) arrests; and | ||
| (8) referrals to a truancy court. | ||
| (b) The agency shall: | ||
| (1) aggregate the data required under Subsection (a) | ||
| by state, region, district, and campus in an annual report that is | ||
| readily understandable by an individual; | ||
| (2) make the report publicly available on the agency's | ||
| Internet website; and | ||
| (3) provide the report to each school district. | ||
| (c) Each school district shall provide annually to each | ||
| student's parent, guardian, or other person having lawful control | ||
| over a student enrolled in the district for whom the district 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 campus and for the | ||
| state, region, and other campuses in the district; 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 2021-2022 | ||
| 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, 2021. | ||
