Texas 2023 - 88th Regular

Texas House Bill HB2126 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R22061 AMF-D
2	2	By: Goodwin H.B. No. 2126
3	3	Substitute the following for H.B. No. 2126:
4	4	By: Thompson of Harris C.S.H.B. No. 2126
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to information reported through the Public Education
10	10	Information Management System and to parents regarding
11	11	disciplinary measures or restraint used by a public school.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 37.0011(b), Education Code, is amended
14	14	to read as follows:
15	15	(b) If the board of trustees of an independent school
16	16	district adopts a policy under Section 37.001(a)(8) or the
17	17	governing body of an open-enrollment charter school adopts a policy
18	18	under Section 12.131(a) under which corporal punishment is
19	19	permitted as a method of student discipline:
20	20	(1) not later than the beginning of each school year,
21	21	the district or school must provide to each student's parent,
22	22	guardian, or other person having lawful control over the student
23	23	for whom the district or school has an e-mail address a notice by
24	24	e-mail that includes:
25	25	(A) a statement of that person's right to
26	26	prohibit the use of corporal punishment against the student;
27	27	(B) the district's or school's policy on the use
28	28	of corporal punishment and the definition of corporal punishment
29	29	under Subsection (a);
30	30	(C) the procedure, in a readily understandable
31	31	format, for the parent, guardian, or other person having lawful
32	32	control over the student to prohibit the use of corporal punishment
33	33	against the student; and
34	34	(D) a conspicuous statement that, as provided by
35	35	Subsection (c), a new written, signed statement must be submitted
36	36	by a student's parent, guardian, or other person having lawful
37	37	control over the student to the district or school each school year
38	38	to prohibit the use of corporal punishment against the student
39	39	during that school year; and
40	40	(2) [,] a district or school educator may use corporal
41	41	punishment to discipline a student during a school year unless the
42	42	student's parent or guardian or other person having lawful control
43	43	over the student has previously provided a written, signed
44	44	statement prohibiting the use of corporal punishment as a method of
45	45	student discipline for that school year.
46	46	SECTION 2. Subchapter A, Chapter 37, Education Code, is
47	47	amended by adding Section 37.024 to read as follows:
48	48	Sec. 37.024. REQUIRED PEIMS REPORTING OF DISCIPLINARY
49	49	MEASURES AND RESTRAINT; REPORT. (a) Each school district and
50	50	open-enrollment charter school shall include in the district's or
51	51	school's Public Education Information Management System (PEIMS)
52	52	report the total number, disaggregated by race, ethnicity, gender,
53	53	status as receiving special education services, and status as being
54	54	in the conservatorship of the Department of Family and Protective
55	55	Services, of, as applicable:
56	56	(1) incidents of uses of corporal punishment, if the
57	57	district or school permits the use of corporal punishment;
58	58	(2) incidents of uses of restraint, as defined by
59	59	Section 37.0021;
60	60	(3) reports to local law enforcement under Section
61	61	37.015 or 37.0151;
62	62	(4) suspensions of students by the district or school,
63	63	disaggregated by the number of students who received:
64	64	(A) only one out-of-school suspension during the
65	65	year;
66	66	(B) more than one out-of-school suspension
67	67	during the year; and
68	68	(C) one or more in-school suspensions;
69	69	(5) changes in school placement, including placement
70	70	in a juvenile justice alternative education program or a
71	71	disciplinary alternative education program;
72	72	(6) discretionary and mandatory expulsions, including
73	73	expulsions arising under a zero-tolerance policy adopted by the
74	74	district or school;
75	75	(7) citations for Class C misdemeanors;
76	76	(8) arrests; and
77	77	(9) referrals to a truancy court.
78	78	(b) The agency shall:
79	79	(1) aggregate the data required under Subsection (a)
80	80	by state, region, district or school, and campus in an annual report
81	81	that is readily understandable;
82	82	(2) make the report publicly available on the agency's
83	83	Internet website; and
84	84	(3) provide the report to each school district and
85	85	open-enrollment charter school.
86	86	(c) Each school district and open-enrollment charter school
87	87	shall provide annually to each student's parent, guardian, or other
88	88	person having lawful control over a student enrolled in the
89	89	district or school for whom the district or school has an e-mail
90	90	address a notice by e-mail that includes:
91	91	(1) a copy of the report under Subsection (b);
92	92	(2) a summary that compares the aggregate data
93	93	collected under Subsection (a) for the district or school campus
94	94	and for the state, region, and other campuses in the district or the
95	95	geographic area served by the school; and
96	96	(3) the Internet website link to the report under
97	97	Subsection (b) on the agency's Internet website.
98	98	(d) The commissioner shall adopt rules as necessary to
99	99	implement this section, including rules to ensure compliance with
100	100	the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
101	101	Section 1232g).
102	102	SECTION 3. This Act applies beginning with the 2023-2024
103	103	school year.
104	104	SECTION 4. This Act takes effect immediately if it receives
105	105	a vote of two-thirds of all the members elected to each house, as
106	106	provided by Section 39, Article III, Texas Constitution. If this
107	107	Act does not receive the vote necessary for immediate effect, this
108	108	Act takes effect September 1, 2023.