88R6991 JTZ-D
By: Jones of Harris H.B. No. 5033
A BILL TO BE ENTITLED
AN ACT
relating to requiring public schools and public institutions of
higher education to report data regarding certain arrests made on
school or institution property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.088 to read as follows:
Sec. 37.088. REPORT TO AGENCY ON CERTAIN ARRESTS. (a) Not
later than the 60th day after the last day of classes for the school
year, the superintendent of a school district shall electronically
submit to the agency a report that contains incident-based data
describing the total number of arrests made on school property by a
district peace officer or school resource officer during the
preceding school year.
(b) The incident-based data submitted under this section
must include:
(1) information identifying:
(A) the age of the person arrested;
(B) the gender of the person arrested;
(C) the race or ethnicity of the person arrested;
(D) the nature of the offense;
(E) whether the offense occurred during regular
school hours; and
(F) whether the offense occurred on school
property or off school property while the person was attending a
school-sponsored or school-related activity; and
(2) for each campus for which an arrest is reported, a
comparison of the demographics of students who were arrested to the
demographics of the campus's student body, disaggregated by each
demographic described by Subdivision (1)(A), (B), or (C).
(c) The data collected for a report required under this
section does not constitute prima facie evidence of racial
profiling.
(d) A report required under this section may not include
information that identifies the peace officer who made an arrest.
The identity of the peace officer is confidential and not subject to
disclosure under Chapter 552, Government Code.
(e) A report required under this section may not include
personally identifiable student information and must comply with
the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
(f) A school district that enters into a memorandum of
understanding with a local law enforcement agency for the provision
of a regular police presence on campus shall designate in the
memorandum of understanding which entity will be responsible for
collecting the data described by Subsection (a).
(g) The agency shall collect the reports required under this
section, compile the data, and make the data available to the
public. The data must be disaggregated by school district to the
extent possible while protecting the confidentiality of student
information in accordance with Subsection (e).
(h) The commissioner shall adopt rules as necessary to
implement this section, including rules requiring the reporting of
incident-based data using existing Public Education Information
Management System (PEIMS) codes for the reporting of arrests
described by Subsection (a).
SECTION 2. Subchapter E, Chapter 51, Education Code, is
amended by adding Section 51.222 to read as follows:
Sec. 51.222. REPORT TO COORDINATING BOARD ON CERTAIN
ARRESTS. (a) In this section:
(1) "Coordinating board" means the Texas Higher
Education Coordinating Board.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) Not later than September 1 of each year, an institution
of higher education shall electronically submit to the coordinating
board a report that contains incident-based data describing the
total number of arrests made by a peace officer commissioned by the
institution on property under the control and jurisdiction of the
institution during the preceding academic year.
(c) The incident-based data submitted under this section
must include:
(1) information identifying:
(A) the age of the person arrested;
(B) the gender of the person arrested;
(C) the race or ethnicity of the person arrested;
(D) the nature of the offense;
(E) whether the offense occurred during regular
instructional hours; and
(F) whether the offense occurred on or off
institutional property; and
(2) for each campus for which an arrest is reported, a
comparison of the demographics of students who were arrested to the
demographics of the campus's student body, disaggregated by each
demographic described by Subdivision (1)(A), (B), or (C).
(d) The data collected for a report required under this
section does not constitute prima facie evidence of racial
profiling.
(e) A report required under this section may not include
information that identifies the peace officer who made an arrest.
The identity of the peace officer is confidential and not subject to
disclosure under Chapter 552, Government Code.
(f) A report required under this section may not include
personally identifiable student information and must comply with
the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
(g) The coordinating board shall collect the reports
required under this section, compile the data, and make the data
available to the public. The data must be disaggregated by
institution of higher education to the extent possible while
protecting the confidentiality of student information in
accordance with Subsection (f).
(h) The coordinating board shall adopt rules as necessary to
implement this section.
SECTION 3. Section 12.104(b), Education Code, as amended by
Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
Session, 2021, is reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
37.207, and 37.2071;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; [and]
(Y) [(X)] parental options to retain a student
under Section 28.02124; and
(Z) the reporting of information regarding
certain arrests under Section 37.088.
SECTION 4. (a) Section 37.088, Education Code, as added by
this Act, applies beginning with the 2023-2024 school year.
(b) Section 51.222, Education Code, as added by this Act,
applies beginning with the 2023-2024 academic year.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.