83R5245 MEW-D
By: West S.B. No. 420
A BILL TO BE ENTITLED
AN ACT
relating to disproportionate discretionary disciplinary action by
school districts against students of a particular race or students
enrolled in a special education program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0201 to read as follows:
Sec. 37.0201. REMEDIATION PLAN: DISPROPORTIONATE
DISCRETIONARY DISCIPLINARY ACTION. (a) In this section,
"discretionary disciplinary action" means any disciplinary action
taken by a school district that is allowed but not required under
this chapter or the district's student code of conduct.
(b) The agency shall evaluate information reported through
the Public Education Information Management System (PEIMS) to
determine whether a school district appears to be taking
discretionary disciplinary action, including suspension,
expulsion, placement in a disciplinary alternative education
program or juvenile justice alternative education program, or any
other disciplinary action reported through PEIMS, against a
disproportionate number of students:
(1) of a particular race; or
(2) who are enrolled in a special education program
under Subchapter A, Chapter 29.
(c) On determining that a school district is taking
discretionary 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,
which may include the implementation of school-wide positive
behavioral interventions and supports, for approval by the agency;
and
(4) require the district to implement the approved
remediation plan.
(d) In developing a remediation plan, the district may
request technical assistance from the Center for Elimination of
Disproportionality and Disparities created under Chapter 107A,
Health and Safety Code. If requested by the district, the center
shall provide the assistance at no charge to the district.
(e) The agency shall monitor implementation of the
remediation plan required under Subsection (c)(3) and shall
maintain oversight of the district's disciplinary practices until
information provided by the district indicates that remediation has
been achieved.
(f) The commissioner may adopt rules necessary to implement
this section.
SECTION 2. This Act applies beginning with the 2013-2014
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, 2013.