Texas 2021 - 87th Regular

Texas Senate Bill SB936 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3687 KJE-F
2	2	By: West S.B. No. 936
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a school district or open-enrollment charter
8	8	school to report data regarding restraints administered to,
9	9	complaints filed against, citations issued to, and arrests made of
10	10	students.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter C, Chapter 37, Education Code, is
13	13	amended by adding Section 37.086 to read as follows:
14	14	Sec. 37.086. REPORT TO AGENCY ON RESTRAINTS, COMPLAINTS,
15	15	CITATIONS, AND ARRESTS. (a) In this section:
16	16	(1) "Citation" means a ticket issued to a student for a
17	17	Class C misdemeanor by a school district peace officer or other
18	18	peace officer acting under a memorandum of understanding described
19	19	by Subsection (g).
20	20	(2) "OC spray" means any aerosol-propelled
21	21	debilitation device that is composed of a lachrymatory chemical
22	22	compound that irritates the eyes to cause tears, pain, or temporary
23	23	blindness. The term includes pepper spray, capsicum spray, OC gas,
24	24	and oleoresin capsicum.
25	25	(3) "Restraint" means the use of physical force or a
26	26	mechanical device to significantly restrict the free movement of
27	27	all or a portion of a student's body. The term includes the use of:
28	28	(A) a baton or a similar club;
29	29	(B) OC spray; and
30	30	(C) a TASER.
31	31	(4) "TASER" means a device manufactured, sold, or
32	32	distributed by Axon Enterprise, Incorporated, that is intended,
33	33	designed, made, or adapted to incapacitate a person by inflicting
34	34	an electrical charge through the emission of a projectile or
35	35	conductive stream. The term, for purposes of this section, includes
36	36	a similar device manufactured, sold, or distributed by another
37	37	person.
38	38	(b) Not later than the 60th day after the last day of classes
39	39	for the academic year, the superintendent of a school district
40	40	shall electronically submit to the agency a report that contains
41	41	incident-based data describing the total number of the following
42	42	incidents occurring during the preceding academic year, organized
43	43	by campus:
44	44	(1) restraints administered to a student;
45	45	(2) complaints filed against a student under Section
46	46	37.145; and
47	47	(3) the following incidents occurring on school
48	48	property that result from a district employee's request for
49	49	intervention by a law enforcement agency, district peace officer,
50	50	or school resource officer:
51	51	(A) citations issued to a student; and
52	52	(B) arrests made of a student.
53	53	(c) The incident-based data submitted under this section
54	54	must include, as applicable, information identifying:
55	55	(1) the age of the student;
56	56	(2) the gender of the student;
57	57	(3) the race or ethnicity of the student;
58	58	(4) whether the student is eligible for special
59	59	education services under Section 29.003;
60	60	(5) whether the student is a student of limited
61	61	English proficiency, as defined by Section 29.052;
62	62	(6) whether the student is in the conservatorship of
63	63	the Department of Family and Protective Services;
64	64	(7) whether the student is homeless, as defined by 42
65	65	U.S.C. Section 11302;
66	66	(8) the nature of the offense;
67	67	(9) whether the offense occurred during regular school
68	68	hours;
69	69	(10) whether the offense occurred on school property
70	70	or off school property while the student was attending a
71	71	school-sponsored or school-related activity;
72	72	(11) the type of restraint administered to the
73	73	student;
74	74	(12) the offense for which a complaint was filed
75	75	against the student or for which the student was issued a citation
76	76	or was arrested; and
77	77	(13) the campus at which the student was enrolled at
78	78	the time of the incident.
79	79	(d) The data collected for a report required under this
80	80	section does not constitute prima facie evidence of racial
81	81	profiling.
82	82	(e) A report required under this section may not include
83	83	information that identifies the peace officer who issued a
84	84	citation. The identity of the peace officer is confidential and not
85	85	subject to disclosure under Chapter 552, Government Code.
86	86	(f) A report required under this section may not include
87	87	personally identifiable student information and must comply with
88	88	the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
89	89	Section 1232g).
90	90	(g) A school district that enters into a memorandum of
91	91	understanding with a local law enforcement agency for the provision
92	92	of a regular police presence on campus shall designate in the
93	93	memorandum of understanding which entity will be responsible for
94	94	collecting the data described by Subsection (b).
95	95	(h) The agency shall collect the reports required under this
96	96	section, compile the data, and make the data available to the
97	97	public. The data must be disaggregated by school district to the
98	98	extent possible while protecting the confidentiality of student
99	99	information in accordance with Subsection (f).
100	100	(i) The commissioner shall adopt rules as necessary to
101	101	implement this section, including rules requiring the reporting of
102	102	incident-based data using existing Public Education Information
103	103	Management System (PEIMS) codes for the reporting of incidents
104	104	described by Subsection (b).
105	105	SECTION 2. Section 12.104(b), Education Code, as amended by
106	106	Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
107	107	(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
108	108	reenacted and amended to read as follows:
109	109	(b) An open-enrollment charter school is subject to:
110	110	(1) a provision of this title establishing a criminal
111	111	offense;
112	112	(2) the provisions in Chapter 554, Government Code;
113	113	and
114	114	(3) a prohibition, restriction, or requirement, as
115	115	applicable, imposed by this title or a rule adopted under this
116	116	title, relating to:
117	117	(A) the Public Education Information Management
118	118	System (PEIMS) to the extent necessary to monitor compliance with
119	119	this subchapter as determined by the commissioner;
120	120	(B) criminal history records under Subchapter C,
121	121	Chapter 22;
122	122	(C) reading instruments and accelerated reading
123	123	instruction programs under Section 28.006;
124	124	(D) accelerated instruction under Section
125	125	28.0211;
126	126	(E) high school graduation requirements under
127	127	Section 28.025;
128	128	(F) special education programs under Subchapter
129	129	A, Chapter 29;
130	130	(G) bilingual education under Subchapter B,
131	131	Chapter 29;
132	132	(H) prekindergarten programs under Subchapter E
133	133	or E-1, Chapter 29;
134	134	(I) extracurricular activities under Section
135	135	33.081;
136	136	(J) discipline management practices or behavior
137	137	management techniques under Section 37.0021;
138	138	(K) health and safety under Chapter 38;
139	139	(L) public school accountability under
140	140	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
141	141	(M) the requirement under Section 21.006 to
142	142	report an educator's misconduct;
143	143	(N) intensive programs of instruction under
144	144	Section 28.0213;
145	145	(O) the right of a school employee to report a
146	146	crime, as provided by Section 37.148;
147	147	(P) bullying prevention policies and procedures
148	148	under Section 37.0832;
149	149	(Q) the right of a school under Section 37.0052
150	150	to place a student who has engaged in certain bullying behavior in a
151	151	disciplinary alternative education program or to expel the student;
152	152	(R) the right under Section 37.0151 to report to
153	153	local law enforcement certain conduct constituting assault or
154	154	harassment;
155	155	(S) a parent's right to information regarding the
156	156	provision of assistance for learning difficulties to the parent's
157	157	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
158	158	(T) establishment of residency under Section
159	159	25.001;
160	160	(U) [(T)] school safety requirements under
161	161	Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
162	162	37.207, and 37.2071;
163	163	(V) [(T)] the early childhood literacy and
164	164	mathematics proficiency plans under Section 11.185; [and]
165	165	(W) [(U)] the college, career, and military
166	166	readiness plans under Section 11.186; and
167	167	(X) the reporting of certain information
168	168	regarding restraints, complaints, citations, and arrests under
169	169	Section 37.086.
170	170	SECTION 3. This Act applies beginning with the 2021-2022
171	171	school year.
172	172	SECTION 4. To the extent of any conflict, this Act prevails
173	173	over another Act of the 87th Legislature, Regular Session, 2021,
174	174	relating to nonsubstantive additions to and corrections in enacted
175	175	codes.
176	176	SECTION 5. This Act takes effect immediately if it receives
177	177	a vote of two-thirds of all the members elected to each house, as
178	178	provided by Section 39, Article III, Texas Constitution. If this
179	179	Act does not receive the vote necessary for immediate effect, this
180	180	Act takes effect September 1, 2021.