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Texas House Bill HB1194

Texas 2021 - 87th Regular

Texas House Bill HB1194 Compare Versions

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1-87R19791 KJE-F
1+87R3687 KJE-F
22 By: Wu H.B. No. 1194
3- Substitute the following for H.B. No. 1194:
4- By: Dutton C.S.H.B. No. 1194
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to requiring a school district or open-enrollment charter
10- school to report data regarding certain disciplinary or law
11- enforcement actions taken against students.
8+ school to report data regarding restraints administered to,
9+ complaints filed against, citations issued to, and arrests made of
10+ students.
1211 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1312 SECTION 1. Subchapter C, Chapter 37, Education Code, is
1413 amended by adding Section 37.086 to read as follows:
15- Sec. 37.086. REPORT TO AGENCY ON CERTAIN DISCIPLINARY OR
16- LAW ENFORCEMENT ACTIONS. (a) In this section:
14+ Sec. 37.086. REPORT TO AGENCY ON RESTRAINTS, COMPLAINTS,
15+ CITATIONS, AND ARRESTS. (a) In this section:
1716 (1) "Citation" means a ticket issued to a student for a
1817 Class C misdemeanor by a school district peace officer or other
1918 peace officer acting under a memorandum of understanding described
2019 by Subsection (g).
21- (2) "Conducted energy weapon" means a device that is
22- intended, designed, made, or adapted to inflict pain on,
23- immobilize, or incapacitate a person by delivering electrical
24- energy into the person's body through direct contact or through one
25- or more projectiles.
26- (3) "OC spray" means any aerosol-propelled
20+ (2) "OC spray" means any aerosol-propelled
2721 debilitation device that is composed of a lachrymatory chemical
2822 compound that irritates the eyes to cause tears, pain, or temporary
2923 blindness. The term includes pepper spray, capsicum spray, OC gas,
3024 and oleoresin capsicum.
31- (4) "Restraint" means the use of physical force or a
25+ (3) "Restraint" means the use of physical force or a
3226 mechanical device to significantly restrict the free movement of
3327 all or a portion of a student's body. The term includes the use of:
3428 (A) a baton or a similar club;
3529 (B) OC spray; and
36- (C) a conducted energy weapon.
30+ (C) a TASER.
31+ (4) "TASER" means a device manufactured, sold, or
32+ distributed by Axon Enterprise, Incorporated, that is intended,
33+ designed, made, or adapted to incapacitate a person by inflicting
34+ an electrical charge through the emission of a projectile or
35+ conductive stream. The term, for purposes of this section, includes
36+ a similar device manufactured, sold, or distributed by another
37+ person.
3738 (b) Not later than the 60th day after the last day of classes
38- for the school year, the superintendent of a school district shall
39- electronically submit to the agency a report that contains
39+ for the academic year, the superintendent of a school district
40+ shall electronically submit to the agency a report that contains
4041 incident-based data describing the total number of the following
41- incidents occurring during the preceding school year, organized by
42- campus:
43- (1) the sending of a student to the campus behavior
44- coordinator's or other administrator's office or removal of a
45- student from class under Section 37.002;
46- (2) restraints administered to a student;
47- (3) complaints filed against a student under Section
42+ incidents occurring during the preceding academic year, organized
43+ by campus:
44+ (1) restraints administered to a student;
45+ (2) complaints filed against a student under Section
4846 37.145; and
49- (4) the following incidents occurring on school
47+ (3) the following incidents occurring on school
5048 property that result from a district employee's request for
5149 intervention by a law enforcement agency, district peace officer,
5250 or school resource officer:
5351 (A) citations issued to a student; and
5452 (B) arrests made of a student.
5553 (c) The incident-based data submitted under this section
56- must include:
57- (1) as applicable, information identifying:
58- (A) the age of the student;
59- (B) the gender of the student;
60- (C) the race or ethnicity of the student;
61- (D) whether the student is eligible for special
54+ must include, as applicable, information identifying:
55+ (1) the age of the student;
56+ (2) the gender of the student;
57+ (3) the race or ethnicity of the student;
58+ (4) whether the student is eligible for special
6259 education services under Section 29.003;
63- (E) whether the student is a student of limited
60+ (5) whether the student is a student of limited
6461 English proficiency, as defined by Section 29.052;
65- (F) whether the student is in the conservatorship
66- of the Department of Family and Protective Services;
67- (G) whether the student is homeless, as defined
68- by 42 U.S.C. Section 11302;
69- (H) the nature of the offense;
70- (I) whether the offense occurred during regular
71- school hours;
72- (J) whether the offense occurred on school
73- property or off school property while the student was attending a
62+ (6) whether the student is in the conservatorship of
63+ the Department of Family and Protective Services;
64+ (7) whether the student is homeless, as defined by 42
65+ U.S.C. Section 11302;
66+ (8) the nature of the offense;
67+ (9) whether the offense occurred during regular school
68+ hours;
69+ (10) whether the offense occurred on school property
70+ or off school property while the student was attending a
7471 school-sponsored or school-related activity;
75- (K) the type of restraint administered to the
72+ (11) the type of restraint administered to the
7673 student;
77- (L) the offense for which a complaint was filed
74+ (12) the offense for which a complaint was filed
7875 against the student or for which the student was issued a citation
79- or was arrested;
80- (M) for incidents described by Subsection
81- (b)(1), the name of a teacher who took such a disciplinary action
82- more than twice during the applicable school year; and
83- (N) the campus at which the student was enrolled
84- at the time of the incident; and
85- (2) for each campus for which an incident described by
86- Subsection (b) is reported, a comparison of the demographics of
87- students who were the subject of such an incident to the
88- demographics of the campus's student body, disaggregated by each
89- student group described by Subdivision (1)(A), (B), (C), (D), (E),
90- (F), or (G).
76+ or was arrested; and
77+ (13) the campus at which the student was enrolled at
78+ the time of the incident.
9179 (d) The data collected for a report required under this
9280 section does not constitute prima facie evidence of racial
9381 profiling.
9482 (e) A report required under this section may not include
9583 information that identifies the peace officer who issued a
9684 citation. The identity of the peace officer is confidential and not
9785 subject to disclosure under Chapter 552, Government Code.
9886 (f) A report required under this section may not include
9987 personally identifiable student information and must comply with
10088 the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
10189 Section 1232g).
10290 (g) A school district that enters into a memorandum of
10391 understanding with a local law enforcement agency for the provision
10492 of a regular police presence on campus shall designate in the
10593 memorandum of understanding which entity will be responsible for
10694 collecting the data described by Subsection (b).
10795 (h) The agency shall collect the reports required under this
10896 section, compile the data, and make the data available to the
10997 public. The data must be disaggregated by school district to the
11098 extent possible while protecting the confidentiality of student
11199 information in accordance with Subsection (f).
112100 (i) The commissioner shall adopt rules as necessary to
113101 implement this section, including rules requiring the reporting of
114102 incident-based data using existing Public Education Information
115103 Management System (PEIMS) codes for the reporting of incidents
116104 described by Subsection (b).
117105 SECTION 2. Section 12.104(b), Education Code, as amended by
118106 Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
119107 (H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
120108 reenacted and amended to read as follows:
121109 (b) An open-enrollment charter school is subject to:
122110 (1) a provision of this title establishing a criminal
123111 offense;
124112 (2) the provisions in Chapter 554, Government Code;
125113 and
126114 (3) a prohibition, restriction, or requirement, as
127115 applicable, imposed by this title or a rule adopted under this
128116 title, relating to:
129117 (A) the Public Education Information Management
130118 System (PEIMS) to the extent necessary to monitor compliance with
131119 this subchapter as determined by the commissioner;
132120 (B) criminal history records under Subchapter C,
133121 Chapter 22;
134122 (C) reading instruments and accelerated reading
135123 instruction programs under Section 28.006;
136124 (D) accelerated instruction under Section
137125 28.0211;
138126 (E) high school graduation requirements under
139127 Section 28.025;
140128 (F) special education programs under Subchapter
141129 A, Chapter 29;
142130 (G) bilingual education under Subchapter B,
143131 Chapter 29;
144132 (H) prekindergarten programs under Subchapter E
145133 or E-1, Chapter 29;
146134 (I) extracurricular activities under Section
147135 33.081;
148136 (J) discipline management practices or behavior
149137 management techniques under Section 37.0021;
150138 (K) health and safety under Chapter 38;
151139 (L) public school accountability under
152140 Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
153141 (M) the requirement under Section 21.006 to
154142 report an educator's misconduct;
155143 (N) intensive programs of instruction under
156144 Section 28.0213;
157145 (O) the right of a school employee to report a
158146 crime, as provided by Section 37.148;
159147 (P) bullying prevention policies and procedures
160148 under Section 37.0832;
161149 (Q) the right of a school under Section 37.0052
162150 to place a student who has engaged in certain bullying behavior in a
163151 disciplinary alternative education program or to expel the student;
164152 (R) the right under Section 37.0151 to report to
165153 local law enforcement certain conduct constituting assault or
166154 harassment;
167155 (S) a parent's right to information regarding the
168156 provision of assistance for learning difficulties to the parent's
169157 child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
170158 (T) establishment of residency under Section
171159 25.001;
172160 (U) [(T)] school safety requirements under
173161 Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
174162 37.207, and 37.2071;
175163 (V) [(T)] the early childhood literacy and
176164 mathematics proficiency plans under Section 11.185; [and]
177165 (W) [(U)] the college, career, and military
178166 readiness plans under Section 11.186; and
179- (X) the reporting of information regarding
180- certain disciplinary or law enforcement actions under Section
181- 37.086.
167+ (X) the reporting of certain information
168+ regarding restraints, complaints, citations, and arrests under
169+ Section 37.086.
182170 SECTION 3. This Act applies beginning with the 2021-2022
183171 school year.
184172 SECTION 4. To the extent of any conflict, this Act prevails
185173 over another Act of the 87th Legislature, Regular Session, 2021,
186174 relating to nonsubstantive additions to and corrections in enacted
187175 codes.
188176 SECTION 5. This Act takes effect immediately if it receives
189177 a vote of two-thirds of all the members elected to each house, as
190178 provided by Section 39, Article III, Texas Constitution. If this
191179 Act does not receive the vote necessary for immediate effect, this
192180 Act takes effect September 1, 2021.