85R7877 KJE-F
By: Giddings H.B. No. 1732
A BILL TO BE ENTITLED
AN ACT
relating to requiring a school district or open-enrollment charter
school to report data regarding restraints administered to,
complaints filed against, 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 37.0814 to read as follows:
Sec. 37.0814. REPORT TO AGENCY ON RESTRAINTS, COMPLAINTS,
CITATIONS, AND ARRESTS. (a) In this section:
(1) "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 (g).
(2) "OC spray" means any aerosol-propelled
debilitation device that is composed of a lachrymatory chemical
compound that irritates the eyes to cause tears, pain, or temporary
blindness. The term includes pepper spray, capsicum spray, OC gas,
and oleoresin capsicum.
(3) "Restraint" means the use of physical force or a
mechanical device to significantly restrict the free movement of
all or a portion of a student's body. The term includes the use of:
(A) a baton or a similar club;
(B) OC spray; and
(C) a Taser.
(4) "Taser" means a device manufactured, sold, or
distributed by Taser International, Incorporated, that is
intended, designed, made, or adapted to incapacitate a person by
inflicting an electrical charge through the emission of a
projectile or conductive stream. The term, for purposes of this
section, includes a similar device manufactured, sold, or
distributed by another person.
(b) 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 the following
incidents occurring during the preceding academic year, organized
by campus:
(1) restraints administered to a student;
(2) complaints filed against a student under Section
37.145;
(3) citations issued to a student; and
(4) arrests made of a student.
(c) The incident-based data submitted under this section
must include, as applicable, 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;
(9) the type of restraint administered to the student;
(10) the offense for which a complaint was filed
against the student or for which the student was issued a citation
or was arrested; and
(11) the campus at which the student was enrolled at
the time of the incident.
(d) The data collected for a report required under this
section does not constitute prima facie evidence of racial
profiling.
(e) 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.
(f) 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).
(g) 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 (b).
(h) The agency shall collect the reports required under this
section, compile the data, and make the data available to the
public.
SECTION 2. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, E, F, G, and J, Chapter 39;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213; [and]
(O) the right of a school employee to report a
crime, as provided by Section 37.148; and
(P) the reporting of certain information
regarding restraints, complaints, citations, and arrests under
Section 37.0814.
SECTION 3. This Act applies beginning with the 2017-2018
school year.
SECTION 4. 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, 2017.