82R5114 KKA-D
By: West S.B. No. 593
A BILL TO BE ENTITLED
AN ACT
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
[EXPULSIONS AND DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM
PLACEMENTS].
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.