| 1 | 1 | | 84R13142 KJE-D |
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| 2 | 2 | | By: Walle H.B. No. 2285 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring a school district to report data regarding |
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| 8 | 8 | | citations issued to and arrests made of students. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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| 11 | 11 | | amended by adding Section 37.0815 to read as follows: |
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| 12 | 12 | | Sec. 37.0815. REPORT TO AGENCY ON CITATIONS AND ARRESTS. |
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| 13 | 13 | | (a) Not later than the 60th day after the last day of classes for |
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| 14 | 14 | | the academic year, the superintendent of a school district shall |
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| 15 | 15 | | electronically submit to the agency a report that contains |
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| 16 | 16 | | incident-based data describing the total number of citations issued |
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| 17 | 17 | | to and arrests made of students for the preceding academic year, |
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| 18 | 18 | | organized by campus. The incident-based data submitted under this |
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| 19 | 19 | | subsection must include information identifying: |
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| 20 | 20 | | (1) the age of the student; |
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| 21 | 21 | | (2) the gender of the student; |
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| 22 | 22 | | (3) the race or ethnicity of the student; |
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| 23 | 23 | | (4) whether the student is eligible for special |
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| 24 | 24 | | education services under Section 29.003; |
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| 25 | 25 | | (5) whether the student is a student of limited |
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| 26 | 26 | | English proficiency, as defined by Section 29.052; |
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| 27 | 27 | | (6) the nature of the offense; |
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| 28 | 28 | | (7) whether the offense occurred during regular school |
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| 29 | 29 | | hours; |
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| 30 | 30 | | (8) whether the offense occurred on school property or |
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| 31 | 31 | | off school property while the student was attending a |
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| 32 | 32 | | school-sponsored or school-related activity; and |
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| 33 | 33 | | (9) the campus at which the student is enrolled. |
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| 34 | 34 | | (b) The data collected for a report required under this |
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| 35 | 35 | | section does not constitute prima facie evidence of racial |
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| 36 | 36 | | profiling. |
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| 37 | 37 | | (c) A report required under this section may not include |
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| 38 | 38 | | information that identifies the peace officer who issued a |
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| 39 | 39 | | citation. The identity of the peace officer is confidential and not |
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| 40 | 40 | | subject to disclosure under Chapter 552, Government Code. |
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| 41 | 41 | | (d) A report required under this section may not include |
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| 42 | 42 | | personally identifiable student information and must comply with |
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| 43 | 43 | | the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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| 44 | 44 | | Section 1232g). |
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| 45 | 45 | | (e) A school district that enters into a memorandum of |
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| 46 | 46 | | understanding with a local law enforcement agency for the provision |
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| 47 | 47 | | of a regular police presence on campus shall designate in the |
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| 48 | 48 | | memorandum of understanding which entity will be responsible for |
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| 49 | 49 | | collecting the data described by Subsection (a). |
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| 50 | 50 | | (f) If the agency determines that a superintendent |
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| 51 | 51 | | intentionally failed to submit a report required under this |
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| 52 | 52 | | section, the agency shall notify the State Board for Educator |
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| 53 | 53 | | Certification of the failure, and the board shall determine whether |
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| 54 | 54 | | to impose sanctions against the superintendent in accordance with |
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| 55 | 55 | | board rules. |
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| 56 | 56 | | (g) The agency shall collect the reports required under this |
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| 57 | 57 | | section, compile the data, and make the data available to the |
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| 58 | 58 | | public. |
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| 59 | 59 | | (h) In this section, "citation" means a ticket issued to a |
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| 60 | 60 | | student for a Class C misdemeanor by a school district peace officer |
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| 61 | 61 | | or other peace officer acting under a memorandum of understanding |
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| 62 | 62 | | described by Subsection (e). |
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| 63 | 63 | | SECTION 2. This Act applies beginning with the 2015-2016 |
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| 64 | 64 | | school year. |
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| 65 | 65 | | SECTION 3. This Act takes effect immediately if it receives |
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| 66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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| 67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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| 69 | 69 | | Act takes effect September 1, 2015. |
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