Texas 2021 - 87th Regular

Texas House Bill HB3485 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Goodwin, Bernal, Wu, Israel H.B. No. 3485
	1	+	87R20424 BDP-D
	2	+	By: Goodwin H.B. No. 3485
	3	+	Substitute the following for H.B. No. 3485:
	4	+	By: Dutton C.S.H.B. No. 3485
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to information reported through the Public Education
7	10		Information Management System and to parents regarding
8	11		disciplinary measures used by a school district.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Section 37.0011(b), Education Code, is amended
11	14		to read as follows:
12	15		(b) If the board of trustees of an independent school
13	16		district adopts a policy under Section 37.001(a)(8) under which
14	17		corporal punishment is permitted as a method of student discipline:
15	18		(1) not later than the beginning of each school year, a
16	19		district must provide to each student's parent, guardian, or other
17	20		person having lawful control over the student for whom the district
18	21		has an e-mail address a notice by e-mail that includes:
19	22		(A) a statement of that person's right to
20	23		prohibit the use of corporal punishment by the district against the
21	24		student;
22	25		(B) the district's policy on the use of corporal
23	26		punishment and the definition of corporal punishment under
24	27		Subsection (a);
25	28		(C) the procedure, in a format that is readily
26	29		understandable by an individual, for the parent, guardian, or other
27	30		person to prohibit the use of corporal punishment; and
28	31		(D) a conspicuous statement that a new written,
29	32		signed statement must be submitted by a student's parent, guardian,
30	33		or other person having lawful control over the student to the
31	34		district each school year to prohibit the use of corporal
32	35		punishment against the student during that school year; and
33	36		(2) [,] a district educator may use corporal
34	37		punishment to discipline a student unless the student's parent or
35	38		guardian or other person having lawful control over the student has
36	39		previously provided a written, signed statement prohibiting the use
37	40		of corporal punishment as a method of student discipline.
38	41		SECTION 2. Subchapter A, Chapter 37, Education Code, is
39	42		amended by adding Section 37.024 to read as follows:
40	43		Sec. 37.024. REQUIRED PEIMS REPORTING OF DISCIPLINARY
41	44		MEASURES; REPORT. (a) Each school district shall include in the
42	45		district's Public Education Information Management System (PEIMS)
43	46		report the total number, disaggregated by race, ethnicity, gender,
44		-	status as receiving special education services, and status as being
45		-	in the conservatorship of the Department of Family and Protective
46		-	Services, of:
	47	+	and status as receiving special education services, of:
47	48		(1) incidents of uses of corporal punishment, if the
48	49		district permits the use of corporal punishment under Section
49	50		37.0011;
50	51		(2) reports to local law enforcement under Section
51	52		37.015 or 37.0151;
52	53		(3) suspensions under Section 37.005, disaggregated
53	54		by the number of students who received:
54	55		(A) only one out-of-school suspension during the
55	56		year;
56	57		(B) more than one out-of-school suspension
57	58		during the year; and
58	59		(C) one or more in-school suspensions;
59	60		(4) changes in school placement, including placement
60	61		in a juvenile justice alternative education program or a
61	62		disciplinary alternative education program;
62	63		(5) discretionary and mandatory expulsions, including
63	64		expulsions arising under a zero-tolerance policy adopted by the
64	65		district;
65		-	(6) citations for Class C misdemeanors;
66		-	(7) arrests; and
67		-	(8) referrals to a truancy court.
	66	+	(6) arrests; and
	67	+	(7) referrals to a truancy court.
68	68		(b) The agency shall:
69	69		(1) aggregate the data required under Subsection (a)
70	70		by state, region, district, and campus in an annual report that is
71	71		readily understandable by an individual;
72	72		(2) make the report publicly available on the agency's
73	73		Internet website; and
74	74		(3) provide the report to each school district.
75	75		(c) Each school district shall provide annually to each
76	76		student's parent, guardian, or other person having lawful control
77	77		over a student enrolled in the district for whom the district has an
78	78		e-mail address a notice by e-mail that includes:
79	79		(1) a copy of the report under Subsection (b);
80	80		(2) a summary that compares the aggregate data
81	81		collected under Subsection (a) for the district campus and for the
82	82		state, region, and other campuses in the district; and
83	83		(3) the Internet website link to the report under
84	84		Subsection (b) on the agency's Internet website.
85	85		(d) The commissioner shall adopt rules as necessary to
86	86		implement this section, including rules to ensure compliance with
87	87		the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
88	88		Section 1232g).
89	89		SECTION 3. This Act applies beginning with the 2021-2022
90	90		school year.
91	91		SECTION 4. This Act takes effect immediately if it receives
92	92		a vote of two-thirds of all the members elected to each house, as
93	93		provided by Section 39, Article III, Texas Constitution. If this
94	94		Act does not receive the vote necessary for immediate effect, this
95	95		Act takes effect September 1, 2021.