| 1 | 1 | | 86R9579 SOS-F |
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| 2 | 2 | | By: Allen H.B. No. 2183 |
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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 school district and open-enrollment charter school |
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| 8 | 8 | | reporting of certain releases of a student to the student's parent |
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| 9 | 9 | | after school-initiated communication. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 25, Education Code, is |
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| 12 | 12 | | amended by adding Section 25.0875 to read as follows: |
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| 13 | 13 | | Sec. 25.0875. REPORTING OF RELEASE OF STUDENT TO PARENT |
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| 14 | 14 | | AFTER SCHOOL-INITIATED COMMUNICATION. (a) In this section, |
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| 15 | 15 | | "parent" includes a person standing in parental relation. |
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| 16 | 16 | | (b) A school district or open-enrollment charter school |
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| 17 | 17 | | that releases a student to the student's parent before the end of |
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| 18 | 18 | | the instructional day and after the parent receives a |
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| 19 | 19 | | school-initiated communication shall provide to the agency a report |
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| 20 | 20 | | about the communication and the student's release not later than |
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| 21 | 21 | | the third instructional day after the date the communication and |
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| 22 | 22 | | release occur if the district or school releases the student: |
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| 23 | 23 | | (1) as a disciplinary management technique; or |
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| 24 | 24 | | (2) as a reaction to the student's behavior that |
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| 25 | 25 | | impedes the student's ability to learn but does not: |
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| 26 | 26 | | (A) violate the student code of conduct under |
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| 27 | 27 | | Section 37.001; or |
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| 28 | 28 | | (B) require disciplinary action. |
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| 29 | 29 | | (c) A report required under Subsection (b) must include: |
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| 30 | 30 | | (1) the name of the student; |
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| 31 | 31 | | (2) the race, ethnicity, sex, and socioeconomic status |
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| 32 | 32 | | of the student; |
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| 33 | 33 | | (3) a statement of whether the student receives |
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| 34 | 34 | | special education services under Subchapter A, Chapter 29; |
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| 35 | 35 | | (4) a statement of whether the student is identified |
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| 36 | 36 | | as a student of limited English proficiency, as defined by Section |
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| 37 | 37 | | 29.052; |
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| 38 | 38 | | (5) a statement of whether the student's release was an |
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| 39 | 39 | | excused absence under Section 25.087; |
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| 40 | 40 | | (6) a statement of the approximate amount of the |
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| 41 | 41 | | instructional day remaining after the student's release; |
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| 42 | 42 | | (7) the date of the school-initiated communication and |
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| 43 | 43 | | the release of the student; |
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| 44 | 44 | | (8) the reason for the school-initiated communication |
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| 45 | 45 | | and the release of the student; |
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| 46 | 46 | | (9) the approximate time of the communication; |
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| 47 | 47 | | (10) the approximate time of the student's release; |
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| 48 | 48 | | and |
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| 49 | 49 | | (11) a summary of the communication. |
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| 50 | 50 | | (d) A school district or open-enrollment charter school |
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| 51 | 51 | | shall retain a copy of each report provided under Subsection (b). |
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| 52 | 52 | | (e) In addition to the individual reporting requirement |
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| 53 | 53 | | under this section, the commissioner by rule shall: |
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| 54 | 54 | | (1) require each school district and open-enrollment |
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| 55 | 55 | | charter school annually to report through the Public Education |
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| 56 | 56 | | Information Management System the information described under |
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| 57 | 57 | | Subsections (c)(2) through (10); and |
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| 58 | 58 | | (2) ensure the reporting required by this section |
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| 59 | 59 | | complies with federal law regarding confidentiality of student |
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| 60 | 60 | | medical or educational information, including the Health Insurance |
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| 61 | 61 | | Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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| 62 | 62 | | et seq.) and the Family Educational Rights and Privacy Act of 1974 |
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| 63 | 63 | | (20 U.S.C. Section 1232g), and any state law relating to the privacy |
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| 64 | 64 | | of student information. |
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| 65 | 65 | | (f) The agency shall make the following information |
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| 66 | 66 | | collected under Subsection (e) available to the public, |
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| 67 | 67 | | disaggregated by: |
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| 68 | 68 | | (1) race; |
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| 69 | 69 | | (2) ethnicity; |
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| 70 | 70 | | (3) sex; |
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| 71 | 71 | | (4) socioeconomic status of the student; |
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| 72 | 72 | | (5) whether the student is in a special education |
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| 73 | 73 | | program under Subchapter A, Chapter 29; and |
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| 74 | 74 | | (6) whether the student is identified as a student of |
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| 75 | 75 | | limited English proficiency, as defined by Section 29.052. |
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| 76 | 76 | | (g) The agency shall provide the information under |
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| 77 | 77 | | Subsection (f) in a manner that does not identify an individual |
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| 78 | 78 | | student. The agency shall also make the information available to |
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| 79 | 79 | | the public in a manner showing all intersectional data for the |
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| 80 | 80 | | categories described by Subsection (f). |
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| 81 | 81 | | SECTION 2. Chapter 26, Education Code, is amended by adding |
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| 82 | 82 | | Section 26.0045 to read as follows: |
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| 83 | 83 | | Sec. 26.0045. ACCESS TO REPORT OF RELEASE OF STUDENT. A |
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| 84 | 84 | | parent is entitled to access to a copy of each report provided to |
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| 85 | 85 | | the agency under Section 25.0875 with respect to the parent's |
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| 86 | 86 | | child. |
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| 87 | 87 | | SECTION 3. This Act applies beginning with the 2019-2020 |
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| 88 | 88 | | school year. |
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| 89 | 89 | | SECTION 4. This Act takes effect immediately if it receives |
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| 90 | 90 | | a vote of two-thirds of all the members elected to each house, as |
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| 91 | 91 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 92 | 92 | | Act does not receive the vote necessary for immediate effect, this |
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| 93 | 93 | | Act takes effect September 1, 2019. |
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