Texas 2017 - 85th Regular

Texas House Bill HB1732 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7877 KJE-F
2	2	By: Giddings H.B. No. 1732
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a school district or open-enrollment charter
8	8	school to report data regarding restraints administered to,
9	9	complaints filed against, citations issued to, and arrests made of
10	10	students.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 37, Education Code, is
13	13	amended by adding Section 37.0814 to read as follows:
14	14	Sec. 37.0814. REPORT TO AGENCY ON RESTRAINTS, COMPLAINTS,
15	15	CITATIONS, AND ARRESTS. (a) In this section:
16	16	(1) "Citation" means a ticket issued to a student for a
17	17	Class C misdemeanor by a school district peace officer or other
18	18	peace officer acting under a memorandum of understanding described
19	19	by Subsection (g).
20	20	(2) "OC spray" means any aerosol-propelled
21	21	debilitation device that is composed of a lachrymatory chemical
22	22	compound that irritates the eyes to cause tears, pain, or temporary
23	23	blindness. The term includes pepper spray, capsicum spray, OC gas,
24	24	and oleoresin capsicum.
25	25	(3) "Restraint" means the use of physical force or a
26	26	mechanical device to significantly restrict the free movement of
27	27	all or a portion of a student's body. The term includes the use of:
28	28	(A) a baton or a similar club;
29	29	(B) OC spray; and
30	30	(C) a Taser.
31	31	(4) "Taser" means a device manufactured, sold, or
32	32	distributed by Taser International, Incorporated, that is
33	33	intended, designed, made, or adapted to incapacitate a person by
34	34	inflicting an electrical charge through the emission of a
35	35	projectile or conductive stream. The term, for purposes of this
36	36	section, includes a similar device manufactured, sold, or
37	37	distributed by another person.
38	38	(b) Not later than the 60th day after the last day of classes
39	39	for the academic year, the superintendent of a school district
40	40	shall electronically submit to the agency a report that contains
41	41	incident-based data describing the total number of the following
42	42	incidents occurring during the preceding academic year, organized
43	43	by campus:
44	44	(1) restraints administered to a student;
45	45	(2) complaints filed against a student under Section
46	46	37.145;
47	47	(3) citations issued to a student; and
48	48	(4) arrests made of a student.
49	49	(c) The incident-based data submitted under this section
50	50	must include, as applicable, information identifying:
51	51	(1) the age of the student;
52	52	(2) the gender of the student;
53	53	(3) the race or ethnicity of the student;
54	54	(4) whether the student is eligible for special
55	55	education services under Section 29.003;
56	56	(5) whether the student is a student of limited
57	57	English proficiency, as defined by Section 29.052;
58	58	(6) the nature of the offense;
59	59	(7) whether the offense occurred during regular school
60	60	hours;
61	61	(8) whether the offense occurred on school property or
62	62	off school property while the student was attending a
63	63	school-sponsored or school-related activity;
64	64	(9) the type of restraint administered to the student;
65	65	(10) the offense for which a complaint was filed
66	66	against the student or for which the student was issued a citation
67	67	or was arrested; and
68	68	(11) the campus at which the student was enrolled at
69	69	the time of the incident.
70	70	(d) The data collected for a report required under this
71	71	section does not constitute prima facie evidence of racial
72	72	profiling.
73	73	(e) A report required under this section may not include
74	74	information that identifies the peace officer who issued a
75	75	citation. The identity of the peace officer is confidential and not
76	76	subject to disclosure under Chapter 552, Government Code.
77	77	(f) A report required under this section may not include
78	78	personally identifiable student information and must comply with
79	79	the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
80	80	Section 1232g).
81	81	(g) A school district that enters into a memorandum of
82	82	understanding with a local law enforcement agency for the provision
83	83	of a regular police presence on campus shall designate in the
84	84	memorandum of understanding which entity will be responsible for
85	85	collecting the data described by Subsection (b).
86	86	(h) The agency shall collect the reports required under this
87	87	section, compile the data, and make the data available to the
88	88	public.
89	89	SECTION 2. Section 12.104(b), Education Code, is amended to
90	90	read as follows:
91	91	(b) An open-enrollment charter school is subject to:
92	92	(1) a provision of this title establishing a criminal
93	93	offense; and
94	94	(2) a prohibition, restriction, or requirement, as
95	95	applicable, imposed by this title or a rule adopted under this
96	96	title, relating to:
97	97	(A) the Public Education Information Management
98	98	System (PEIMS) to the extent necessary to monitor compliance with
99	99	this subchapter as determined by the commissioner;
100	100	(B) criminal history records under Subchapter C,
101	101	Chapter 22;
102	102	(C) reading instruments and accelerated reading
103	103	instruction programs under Section 28.006;
104	104	(D) accelerated instruction under Section
105	105	28.0211;
106	106	(E) high school graduation requirements under
107	107	Section 28.025;
108	108	(F) special education programs under Subchapter
109	109	A, Chapter 29;
110	110	(G) bilingual education under Subchapter B,
111	111	Chapter 29;
112	112	(H) prekindergarten programs under Subchapter E
113	113	or E-1, Chapter 29;
114	114	(I) extracurricular activities under Section
115	115	33.081;
116	116	(J) discipline management practices or behavior
117	117	management techniques under Section 37.0021;
118	118	(K) health and safety under Chapter 38;
119	119	(L) public school accountability under
120	120	Subchapters B, C, D, E, F, G, and J, Chapter 39;
121	121	(M) the requirement under Section 21.006 to
122	122	report an educator's misconduct;
123	123	(N) intensive programs of instruction under
124	124	Section 28.0213; [and]
125	125	(O) the right of a school employee to report a
126	126	crime, as provided by Section 37.148; and
127	127	(P) the reporting of certain information
128	128	regarding restraints, complaints, citations, and arrests under
129	129	Section 37.0814.
130	130	SECTION 3. This Act applies beginning with the 2017-2018
131	131	school year.
132	132	SECTION 4. This Act takes effect immediately if it receives
133	133	a vote of two-thirds of all the members elected to each house, as
134	134	provided by Section 39, Article III, Texas Constitution. If this
135	135	Act does not receive the vote necessary for immediate effect, this
136	136	Act takes effect September 1, 2017.