84R13142 KJE-D
By: Walle H.B. No. 2285
A BILL TO BE ENTITLED
AN ACT
relating to requiring a school district to report data regarding
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 37.0815 to read as follows:
Sec. 37.0815. REPORT TO AGENCY ON 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
electronically submit to the agency a report that contains
incident-based data describing the total number of citations issued
to and arrests made of students 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) whether the student is a student of limited
English proficiency, as defined by Section 29.052;
(6) the nature of the offense;
(7) whether the offense occurred during regular school
hours;
(8) whether the offense occurred on school property or
off school property while the student was attending a
school-sponsored or school-related activity; and
(9) the campus at which the student is enrolled.
(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 peace officer who issued a
citation. The identity of the peace officer is confidential and not
subject to disclosure under Chapter 552, Government Code.
(d) 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).
(e) 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 (a).
(f) 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.
(g) The agency shall collect the reports required under this
section, compile the data, and make the data available to the
public.
(h) In this section, "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 (e).
SECTION 2. This Act applies beginning with the 2015-2016
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, 2015.