Bill Text: TX SB936 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to requiring a school district or open-enrollment charter school to report data regarding restraints administered to, complaints filed against, citations issued to, and arrests made of students.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Education [SB936 Detail]
Download: Texas-2021-SB936-Introduced.html
87R3687 KJE-F | ||
By: West | S.B. No. 936 |
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relating to requiring a school district or open-enrollment charter | ||
school to report data regarding restraints administered to, | ||
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 37.086 to read as follows: | ||
Sec. 37.086. REPORT TO AGENCY ON RESTRAINTS, 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 Axon Enterprise, 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) 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, 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) whether the student is in the conservatorship of | ||
the Department of Family and Protective Services; | ||
(7) whether the student is homeless, as defined by 42 | ||
U.S.C. Section 11302; | ||
(8) the nature of the offense; | ||
(9) whether the offense occurred during regular school | ||
hours; | ||
(10) whether the offense occurred on school property | ||
or off school property while the student was attending a | ||
school-sponsored or school-related activity; | ||
(11) the type of restraint administered to the | ||
student; | ||
(12) the offense for which a complaint was filed | ||
against the student or for which the student was issued a citation | ||
or was arrested; and | ||
(13) the campus at which the student was enrolled at | ||
the time of the incident. | ||
(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, as amended by | ||
Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943 | ||
(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is | ||
reenacted and 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; | ||
(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) public school accountability under | ||
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(N) intensive programs of instruction under | ||
Section 28.0213; | ||
(O) the right of a school employee to report a | ||
crime, as provided by Section 37.148; | ||
(P) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(Q) 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; | ||
(R) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(S) a parent's right to information regarding the | ||
provision of assistance for learning difficulties to the parent's | ||
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | ||
(T) establishment of residency under Section | ||
25.001; | ||
(U) [ |
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Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, | ||
37.207, and 37.2071; | ||
(V) [ |
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mathematics proficiency plans under Section 11.185; [ |
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(W) [ |
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readiness plans under Section 11.186; and | ||
(X) the reporting of certain information | ||
regarding restraints, complaints, citations, and arrests under | ||
Section 37.086. | ||
SECTION 3. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 4. To the extent of any conflict, this Act prevails | ||
over another Act of the 87th Legislature, Regular Session, 2021, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
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, 2021. |