82R2216 EAH-D
By: Walle H.B. No. 349
A BILL TO BE ENTITLED
AN ACT
relating to requiring a school district to adopt a policy and
collect data regarding restraints administered and citations
issued by a school district peace officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Sections 37.0811 and 37.0812 to read as follows:
Sec. 37.0811. RESTRAINT AND CITATION POLICY. (a) The board
of trustees of a school district shall adopt a policy on the
administration of restraints and issuance of citations by a school
district peace officer.
(b) A policy adopted under Subsection (a) must:
(1) establish a process by which a student may file a
complaint with the school district alleging that a school district
peace officer issued a citation or administered a restraint to the
student unjustifiably;
(2) provide for public education relating to the
school district's complaint process;
(3) require the school district to take corrective
action if a school district peace officer, after an investigation,
is shown to have violated the policy adopted under Subsection (a);
and
(4) require the school district to collect information
relating to the issuance of citations and the administration of
restraints, including information identifying:
(A) the age of the student;
(B) the gender of the student;
(C) the race or ethnicity of the student;
(D) whether the student is eligible for special
education services under Section 29.003;
(E) the nature of the offense;
(F) the campus where the offense occurred;
(G) if applicable, the type of restraint
administered; and
(H) if applicable, whether the student resisted
the administration of a restraint.
(c) In this section:
(1) "Citation" means a ticket issued by a school
district peace officer to a student for a Class C misdemeanor.
(2) "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, including the use of chemical
restraints and tasers.
Sec. 37.0812. REPORT TO AGENCY ON RESTRAINTS, CITATIONS,
AND ARRESTS. (a) Not later than the 60th day after the last day of
classes for the academic year, the superintendent of a school
district shall submit to the agency a report that contains
incident-based data describing the total number of citations
issued, restraints administered, and arrests made for the preceding
academic year, organized by campus. The incident-based data
submitted under this subsection must include 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) the nature of the offense;
(6) the campus where the offense occurred;
(7) if applicable, the type of restraint administered;
and
(8) if applicable, whether the student resisted the
administration of a restraint.
(b) The data collected for a report required under this
section does not constitute prima facie evidence of racial
profiling.
(c) A report required under this section may not include
information that identifies the school district peace officer who
issued a citation or administered a restraint.
(d) If the agency determines that a superintendent
intentionally failed to submit a report required under this
section, the agency shall notify the State Board for Educator
Certification of the failure, and the board shall determine whether
to impose sanctions against the superintendent in accordance with
board rules.
(e) The agency shall collect the reports required under this
section, compile the data, and make the data available to the
public.
(f) In this section:
(1) "Citation" means a ticket issued by a school
district peace officer to a student for a Class C misdemeanor.
(2) "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, including the use of chemical
restraints and tasers.
SECTION 2. This Act applies beginning with the 2011-2012
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, 2011.