Texas 2023 - 88th Regular

Texas House Bill HB5033 Compare Versions

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1	1	88R6991 JTZ-D
2	2	By: Jones of Harris H.B. No. 5033
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring public schools and public institutions of
8	8	higher education to report data regarding certain arrests made on
9	9	school or institution property.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter C, Chapter 37, Education Code, is
12	12	amended by adding Section 37.088 to read as follows:
13	13	Sec. 37.088. REPORT TO AGENCY ON CERTAIN ARRESTS. (a) Not
14	14	later than the 60th day after the last day of classes for the school
15	15	year, the superintendent of a school district shall electronically
16	16	submit to the agency a report that contains incident-based data
17	17	describing the total number of arrests made on school property by a
18	18	district peace officer or school resource officer during the
19	19	preceding school year.
20	20	(b) The incident-based data submitted under this section
21	21	must include:
22	22	(1) information identifying:
23	23	(A) the age of the person arrested;
24	24	(B) the gender of the person arrested;
25	25	(C) the race or ethnicity of the person arrested;
26	26	(D) the nature of the offense;
27	27	(E) whether the offense occurred during regular
28	28	school hours; and
29	29	(F) whether the offense occurred on school
30	30	property or off school property while the person was attending a
31	31	school-sponsored or school-related activity; and
32	32	(2) for each campus for which an arrest is reported, a
33	33	comparison of the demographics of students who were arrested to the
34	34	demographics of the campus's student body, disaggregated by each
35	35	demographic described by Subdivision (1)(A), (B), or (C).
36	36	(c) The data collected for a report required under this
37	37	section does not constitute prima facie evidence of racial
38	38	profiling.
39	39	(d) A report required under this section may not include
40	40	information that identifies the peace officer who made an arrest.
41	41	The identity of the peace officer is confidential and not subject to
42	42	disclosure under Chapter 552, Government Code.
43	43	(e) A report required under this section may not include
44	44	personally identifiable student information and must comply with
45	45	the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
46	46	Section 1232g).
47	47	(f) A school district that enters into a memorandum of
48	48	understanding with a local law enforcement agency for the provision
49	49	of a regular police presence on campus shall designate in the
50	50	memorandum of understanding which entity will be responsible for
51	51	collecting the data described by Subsection (a).
52	52	(g) The agency shall collect the reports required under this
53	53	section, compile the data, and make the data available to the
54	54	public. The data must be disaggregated by school district to the
55	55	extent possible while protecting the confidentiality of student
56	56	information in accordance with Subsection (e).
57	57	(h) The commissioner shall adopt rules as necessary to
58	58	implement this section, including rules requiring the reporting of
59	59	incident-based data using existing Public Education Information
60	60	Management System (PEIMS) codes for the reporting of arrests
61	61	described by Subsection (a).
62	62	SECTION 2. Subchapter E, Chapter 51, Education Code, is
63	63	amended by adding Section 51.222 to read as follows:
64	64	Sec. 51.222. REPORT TO COORDINATING BOARD ON CERTAIN
65	65	ARRESTS. (a) In this section:
66	66	(1) "Coordinating board" means the Texas Higher
67	67	Education Coordinating Board.
68	68	(2) "Institution of higher education" has the meaning
69	69	assigned by Section 61.003.
70	70	(b) Not later than September 1 of each year, an institution
71	71	of higher education shall electronically submit to the coordinating
72	72	board a report that contains incident-based data describing the
73	73	total number of arrests made by a peace officer commissioned by the
74	74	institution on property under the control and jurisdiction of the
75	75	institution during the preceding academic year.
76	76	(c) The incident-based data submitted under this section
77	77	must include:
78	78	(1) information identifying:
79	79	(A) the age of the person arrested;
80	80	(B) the gender of the person arrested;
81	81	(C) the race or ethnicity of the person arrested;
82	82	(D) the nature of the offense;
83	83	(E) whether the offense occurred during regular
84	84	instructional hours; and
85	85	(F) whether the offense occurred on or off
86	86	institutional property; and
87	87	(2) for each campus for which an arrest is reported, a
88	88	comparison of the demographics of students who were arrested to the
89	89	demographics of the campus's student body, disaggregated by each
90	90	demographic described by Subdivision (1)(A), (B), or (C).
91	91	(d) The data collected for a report required under this
92	92	section does not constitute prima facie evidence of racial
93	93	profiling.
94	94	(e) A report required under this section may not include
95	95	information that identifies the peace officer who made an arrest.
96	96	The identity of the peace officer is confidential and not subject to
97	97	disclosure under Chapter 552, Government Code.
98	98	(f) A report required under this section may not include
99	99	personally identifiable student information and must comply with
100	100	the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
101	101	Section 1232g).
102	102	(g) The coordinating board shall collect the reports
103	103	required under this section, compile the data, and make the data
104	104	available to the public. The data must be disaggregated by
105	105	institution of higher education to the extent possible while
106	106	protecting the confidentiality of student information in
107	107	accordance with Subsection (f).
108	108	(h) The coordinating board shall adopt rules as necessary to
109	109	implement this section.
110	110	SECTION 3. Section 12.104(b), Education Code, as amended by
111	111	Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
112	112	2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
113	113	Session, 2021, is reenacted and amended to read as follows:
114	114	(b) An open-enrollment charter school is subject to:
115	115	(1) a provision of this title establishing a criminal
116	116	offense;
117	117	(2) the provisions in Chapter 554, Government Code;
118	118	and
119	119	(3) a prohibition, restriction, or requirement, as
120	120	applicable, imposed by this title or a rule adopted under this
121	121	title, relating to:
122	122	(A) the Public Education Information Management
123	123	System (PEIMS) to the extent necessary to monitor compliance with
124	124	this subchapter as determined by the commissioner;
125	125	(B) criminal history records under Subchapter C,
126	126	Chapter 22;
127	127	(C) reading instruments and accelerated reading
128	128	instruction programs under Section 28.006;
129	129	(D) accelerated instruction under Section
130	130	28.0211;
131	131	(E) high school graduation requirements under
132	132	Section 28.025;
133	133	(F) special education programs under Subchapter
134	134	A, Chapter 29;
135	135	(G) bilingual education under Subchapter B,
136	136	Chapter 29;
137	137	(H) prekindergarten programs under Subchapter E
138	138	or E-1, Chapter 29, except class size limits for prekindergarten
139	139	classes imposed under Section 25.112, which do not apply;
140	140	(I) extracurricular activities under Section
141	141	33.081;
142	142	(J) discipline management practices or behavior
143	143	management techniques under Section 37.0021;
144	144	(K) health and safety under Chapter 38;
145	145	(L) the provisions of Subchapter A, Chapter 39;
146	146	(M) public school accountability and special
147	147	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
148	148	39, and Chapter 39A;
149	149	(N) the requirement under Section 21.006 to
150	150	report an educator's misconduct;
151	151	(O) intensive programs of instruction under
152	152	Section 28.0213;
153	153	(P) the right of a school employee to report a
154	154	crime, as provided by Section 37.148;
155	155	(Q) bullying prevention policies and procedures
156	156	under Section 37.0832;
157	157	(R) the right of a school under Section 37.0052
158	158	to place a student who has engaged in certain bullying behavior in a
159	159	disciplinary alternative education program or to expel the student;
160	160	(S) the right under Section 37.0151 to report to
161	161	local law enforcement certain conduct constituting assault or
162	162	harassment;
163	163	(T) a parent's right to information regarding the
164	164	provision of assistance for learning difficulties to the parent's
165	165	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
166	166	(U) establishment of residency under Section
167	167	25.001;
168	168	(V) school safety requirements under Sections
169	169	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
170	170	37.207, and 37.2071;
171	171	(W) the early childhood literacy and mathematics
172	172	proficiency plans under Section 11.185;
173	173	(X) the college, career, and military readiness
174	174	plans under Section 11.186; [and]
175	175	(Y) [(X)] parental options to retain a student
176	176	under Section 28.02124; and
177	177	(Z) the reporting of information regarding
178	178	certain arrests under Section 37.088.
179	179	SECTION 4. (a) Section 37.088, Education Code, as added by
180	180	this Act, applies beginning with the 2023-2024 school year.
181	181	(b) Section 51.222, Education Code, as added by this Act,
182	182	applies beginning with the 2023-2024 academic year.
183	183	SECTION 5. To the extent of any conflict, this Act prevails
184	184	over another Act of the 88th Legislature, Regular Session, 2023,
185	185	relating to nonsubstantive additions to and corrections in enacted
186	186	codes.
187	187	SECTION 6. This Act takes effect immediately if it receives
188	188	a vote of two-thirds of all the members elected to each house, as
189	189	provided by Section 39, Article III, Texas Constitution. If this
190	190	Act does not receive the vote necessary for immediate effect, this
191	191	Act takes effect September 1, 2023.