Bill Text: TX SB593 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to disproportionate disciplinary action by school districts against students of a particular race or ethnicity or students enrolled in a special education program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-17 - Referred to Education [SB593 Detail]
Download: Texas-2011-SB593-Introduced.html
82R5114 KKA-D | ||
By: West | S.B. No. 593 |
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relating to disproportionate disciplinary action by school | ||
districts against students of a particular race or ethnicity or | ||
students enrolled in a special education program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 37.020, Education Code, | ||
is amended to read as follows: | ||
Sec. 37.020. REPORTS RELATING TO DISCIPLINARY ACTION | ||
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SECTION 2. Section 37.020, Education Code, is amended by | ||
amending Subsections (b) and (c) and adding Subsection (c-1) to | ||
read as follows: | ||
(b) For each placement in a disciplinary alternative | ||
education program established under Section 37.008, the district | ||
shall report: | ||
(1) information identifying the student, including | ||
the student's race, sex, ethnicity, status as a student in a special | ||
education program under Subchapter A, Chapter 29, and date of | ||
birth, that will enable the agency to compare placement data with | ||
information collected through other reports; | ||
(2) information indicating whether the placement was | ||
based on: | ||
(A) conduct violating the student code of conduct | ||
adopted under Section 37.001; | ||
(B) conduct for which a student may be removed | ||
from class under Section 37.002(b); | ||
(C) conduct for which placement in a disciplinary | ||
alternative education program is required by Section 37.006; or | ||
(D) conduct occurring while a student was | ||
enrolled in another district and for which placement in a | ||
disciplinary alternative education program is permitted by Section | ||
37.008(j); | ||
(3) the number of full or partial days the student was | ||
assigned to the program and the number of full or partial days the | ||
student attended the program; and | ||
(4) the number of placements that were inconsistent | ||
with the guidelines included in the student code of conduct under | ||
Section 37.001(a)(5). | ||
(c) For each expulsion under Section 37.007, the district | ||
shall report: | ||
(1) information identifying the student, including | ||
the student's race, sex, ethnicity, status as a student in a special | ||
education program under Subchapter A, Chapter 29, and date of | ||
birth, that will enable the agency to compare placement data with | ||
information collected through other reports; | ||
(2) information indicating whether the expulsion was | ||
based on: | ||
(A) conduct for which expulsion is required under | ||
Section 37.007, including information specifically indicating | ||
whether a student was expelled on the basis of Section 37.007(e); or | ||
(B) conduct for which expulsion is permitted | ||
under Section 37.007; | ||
(3) the number of full or partial days the student was | ||
expelled; | ||
(4) information indicating whether: | ||
(A) the student was placed in a juvenile justice | ||
alternative education program under Section 37.011; | ||
(B) the student was placed in a disciplinary | ||
alternative education program; or | ||
(C) the student was not placed in a juvenile | ||
justice or other disciplinary alternative education program; and | ||
(5) the number of expulsions that were inconsistent | ||
with the guidelines included in the student code of conduct under | ||
Section 37.001(a)(5). | ||
(c-1) For each suspension under Section 37.005, the | ||
district shall report: | ||
(1) information identifying the student, including | ||
the student's race, sex, ethnicity, status as a student in a special | ||
education program under Subchapter A, Chapter 29, and date of | ||
birth, that will enable the agency to compare suspension data with | ||
information collected through other reports; and | ||
(2) the number of full or partial days the student was | ||
suspended. | ||
SECTION 3. Subchapter A, Chapter 37, Education Code, is | ||
amended by adding Section 37.0201 to read as follows: | ||
Sec. 37.0201. REMEDIATION PLAN: DISPROPORTIONATE | ||
DISCIPLINARY ACTION. (a) The agency shall evaluate information | ||
reported under Section 37.020 to determine whether a school | ||
district appears to be taking disciplinary action against a | ||
disproportionate number of students: | ||
(1) of a particular race or ethnicity; or | ||
(2) who are enrolled in a special education program | ||
under Subchapter A, Chapter 29. | ||
(b) On determining that a school district is taking | ||
disciplinary action disproportionately, the agency shall: | ||
(1) notify the district of the determination; | ||
(2) obtain from the district any additional | ||
information necessary to enable the agency to perform a more | ||
comprehensive analysis of the district's disciplinary practices; | ||
(3) require the district to submit a remediation plan | ||
for approval by the agency; and | ||
(4) require the district to implement the approved | ||
remediation plan. | ||
(c) The agency shall closely monitor implementation of the | ||
remediation plan required under Subsection (b)(3) and shall | ||
maintain oversight of the district's disciplinary practices until | ||
information provided by the district under Section 37.020 indicates | ||
that remediation has been achieved. | ||
(d) The commissioner may adopt rules necessary to implement | ||
this section. | ||
SECTION 4. This Act applies beginning with the 2011-2012 | ||
school year. | ||
SECTION 5. 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, 2011. |