86R4888 EAS-D
By: Cortez H.B. No. 1825
A BILL TO BE ENTITLED
AN ACT
relating to information a law enforcement agency is required to
share with a school district about a person who may be a student.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.27, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (k-1) to
read as follows:
(a) A law enforcement agency that arrests any person or
refers a child to the office or official designated by the juvenile
board who the agency believes is enrolled as a student in a public
primary or secondary school, for an offense listed in Subsection
(h), shall attempt to ascertain whether the person is so enrolled.
If the law enforcement agency ascertains that the individual is
enrolled as a student in a public primary or secondary school, the
head of the agency or a person designated by the head of the agency
shall orally notify the superintendent or a person designated by
the superintendent in the school district in which the student is
enrolled of that arrest or referral within 24 hours after the arrest
or referral is made, or before the next school day, whichever is
earlier. If the law enforcement agency cannot ascertain whether
the individual is enrolled as a student, the head of the agency or a
person designated by the head of the agency shall orally notify the
superintendent or a person designated by the superintendent in the
school district in which the student is believed to be enrolled of
that arrest or detention within 24 hours after the arrest or
detention, or before the next school day, whichever is earlier. If
the individual is a student, the superintendent or the
superintendent's designee shall immediately notify all
instructional and support personnel who have responsibility for
supervision of the student. All personnel shall keep the
information received in this subsection confidential. The State
Board for Educator Certification may revoke or suspend the
certification of personnel who intentionally violate this
subsection. Within seven days after the date the oral notice is
given, the head of the law enforcement agency or the person
designated by the head of the agency shall mail written
notification, marked "PERSONAL and CONFIDENTIAL" on the mailing
envelope, to the superintendent or the person designated by the
superintendent. The written notification must include the facts
contained in the oral notification, the name of the person who was
orally notified, and the date and time of the oral notification.
Both the oral and written notice shall contain sufficient details
of the arrest or referral and the acts allegedly committed by the
student to enable the superintendent or the superintendent's
designee to determine whether there is a reasonable belief that the
student has engaged in conduct defined as a felony offense by the
Penal Code or whether it is necessary to conduct a threat assessment
or prepare a safety plan related to the student. The information
contained in the notice shall be considered by the superintendent
or the superintendent's designee in making such a determination.
(k-1) In addition to the information provided under
Subsection (k), the law enforcement agency shall provide to the
superintendent or superintendent's designee information relating
to the student that is requested for the purpose of conducting a
threat assessment or preparing a safety plan relating to that
student. A school board may enter into a memorandum of
understanding with a law enforcement agency regarding the exchange
of information relevant to conducting a threat assessment or
preparing a safety plan. Absent a memorandum of understanding, the
information requested by the superintendent or the
superintendent's designee shall be considered relevant.
SECTION 2. Section 37.006(e), Education Code, is amended to
read as follows:
(e) In determining whether there is a reasonable belief that
a student has engaged in conduct defined as a felony offense by the
Penal Code, the superintendent or the superintendent's designee may
consider all available information, including the information
furnished under Article 15.27, Code of Criminal Procedure, other
than information requested under Article 15.27(k-1), Code of
Criminal Procedure.
SECTION 3. Section 58.008(d), Family Code, is amended to
read as follows:
(d) Law enforcement records concerning a child may be
inspected or copied by:
(1) a juvenile justice agency, as defined by Section
58.101;
(2) a criminal justice agency, as defined by Section
411.082, Government Code;
(3) the child; [or]
(4) the child's parent or guardian; or
(5) the superintendent or superintendent's designee of
a public primary or secondary school where the child is enrolled
only for the purpose of conducting a threat assessment or preparing
a safety plan related to the child.
SECTION 4. Article 15.27(a), Code of Criminal Procedure, as
amended by this Act, and Article 15.27(k-1), Code of Criminal
Procedure, as added by this Act, apply only to information related
to an arrest or referral made on or after the effective date of this
Act.
SECTION 5. This Act takes effect September 1, 2019.