Texas 2015 - 84th Regular

Texas House Bill HB3341 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R25318 KJE-D
2	2	By: Peña, Dutton, White of Tyler, Hughes H.B. No. 3341
3	3	Substitute the following for H.B. No. 3341:
4	4	By: Dutton C.S.H.B. No. 3341
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a requirement that school district superintendents
10	10	report information relating to the use of restraints against
11	11	students and student arrests; creating a criminal offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter C, Chapter 37, Education Code, is
14	14	amended by adding Section 37.0815 to read as follows:
15	15	Sec. 37.0815. REPORT TO AGENCY ON USES OF RESTRAINTS
16	16	AGAINST AND ARRESTS OF STUDENTS. (a) In this section:
17	17	(1) "OC spray" means any aerosol-propelled
18	18	debilitation device that is composed of a lachrymatory chemical
19	19	compound that irritates the eyes to cause tears, pain, or temporary
20	20	blindness. The term includes pepper spray, capsicum spray, OC gas,
21	21	and oleoresin capsicum.
22	22	(2) "Restraint" means the use of physical force or a
23	23	mechanical device to significantly restrict the free movement of
24	24	all or a portion of a student's body. The term includes the use of:
25	25	(A) a baton or a similar club;
26	26	(B) OC spray; and
27	27	(C) a Taser.
28	28	(3) "Taser" means a device manufactured, sold, or
29	29	distributed by Taser International, Incorporated, that is
30	30	intended, designed, made, or adapted to incapacitate a person by
31	31	inflicting an electrical charge through the emission of a
32	32	projectile or conductive stream. The term, for purposes of this
33	33	section, includes a similar device manufactured, sold, or
34	34	distributed by another person.
35	35	(b) The superintendent of a school district shall notify a
36	36	student's parent or guardian as soon as practicable after the
37	37	student is subjected to a restraint or arrested on school property
38	38	or during a school-sponsored or school-related activity. The
39	39	notice must include information identifying:
40	40	(1) the nature of the incident underlying the use of
41	41	the restraint or the arrest;
42	42	(2) whether the underlying incident occurred during
43	43	regular school hours;
44	44	(3) whether the underlying incident occurred on school
45	45	property or off school property;
46	46	(4) the type of restraint administered to the student
47	47	or the offense for which the student was arrested, as applicable;
48	48	and
49	49	(5) the name of the person who administered the
50	50	restraint to or arrested the student and whether that person is a
51	51	peace officer who:
52	52	(A) is employed or commissioned by the district;
53	53	or
54	54	(B) provides, as a school resource officer, a
55	55	regular police presence on a campus in the district under a
56	56	memorandum of understanding between the district and a local law
57	57	enforcement agency.
58	58	(c) After the last day of classes each school year and not
59	59	later than the date specified by commissioner rule, the
60	60	superintendent of a school district shall submit to the agency a
61	61	report that contains information on the uses of restraints against
62	62	and arrests of students that occurred during the preceding school
63	63	year, organized by campus. The report must include, as applicable,
64	64	information identifying:
65	65	(1) the age of the student;
66	66	(2) the gender of the student;
67	67	(3) the race or ethnicity of the student;
68	68	(4) whether the student is eligible for special
69	69	education services under Section 29.003;
70	70	(5) whether the student is a student of limited
71	71	English proficiency, as defined by Section 29.052;
72	72	(6) the nature of the incident underlying the use of
73	73	the restraint or the arrest;
74	74	(7) whether the underlying incident occurred during
75	75	regular school hours;
76	76	(8) whether the underlying incident occurred on school
77	77	property or off school property while the student was attending a
78	78	school-sponsored or school-related activity;
79	79	(9) the type of restraint administered to the student;
80	80	(10) the offense for which the student was arrested;
81	81	and
82	82	(11) if known by the superintendent, any injuries
83	83	caused to the student during the underlying incident.
84	84	(d) A report required under Subsection (c) may not include
85	85	personally identifiable student information and must comply with
86	86	the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
87	87	Section 1232g).
88	88	(e) A school district that enters into a memorandum of
89	89	understanding with a local law enforcement agency for the provision
90	90	of a regular police presence on campus shall designate in the
91	91	memorandum of understanding which entity will be responsible for
92	92	collecting the information described by Subsection (c).
93	93	(f) A superintendent who knowingly fails to provide notice
94	94	or submit a report required by this section commits an offense. An
95	95	offense under this subsection is a Class A misdemeanor.
96	96	(g) The agency shall collect the reports required under this
97	97	section, compile the information, and make the information
98	98	available to the public.
99	99	SECTION 2. Section 37.0815, Education Code, as added by
100	100	this Act, applies beginning with the 2015-2016 school year.
101	101	SECTION 3. This Act takes effect immediately if it receives
102	102	a vote of two-thirds of all the members elected to each house, as
103	103	provided by Section 39, Article III, Texas Constitution. If this
104	104	Act does not receive the vote necessary for immediate effect, this
105	105	Act takes effect September 1, 2015.