Texas 2023 - 88th Regular

Texas House Bill HB516 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R19725 KJE-D
2	2	By: Wu, Allen, Hull H.B. No. 516
3	3	Substitute the following for H.B. No. 516:
4	4	By: A. Johnson of Harris C.S.H.B. No. 516
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring a school district or open-enrollment charter
10	10	school to report data regarding certain disciplinary or law
11	11	enforcement actions taken against students.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter C, Chapter 37, Education Code, is
14	14	amended by adding Section 37.088 to read as follows:
15	15	Sec. 37.088. REPORT TO AGENCY ON CERTAIN DISCIPLINARY OR
16	16	LAW ENFORCEMENT ACTIONS. (a) In this section:
17	17	(1) "Citation" means a ticket issued to a student for a
18	18	Class C misdemeanor by a school district peace officer or other
19	19	peace officer acting under a memorandum of understanding described
20	20	by Subsection (g).
21	21	(2) "Conducted energy weapon" means a device that is
22	22	intended, designed, made, or adapted to inflict pain on,
23	23	immobilize, or incapacitate a person by delivering electrical
24	24	energy into the person's body through direct contact or through one
25	25	or more projectiles.
26	26	(3) "OC spray" means any aerosol-propelled
27	27	debilitation device that is composed of a lachrymatory chemical
28	28	compound that irritates the eyes to cause tears, pain, or temporary
29	29	blindness. The term includes pepper spray, capsicum spray, OC gas,
30	30	and oleoresin capsicum.
31	31	(4) "Restraint" means the use of physical force or a
32	32	mechanical device to significantly restrict the free movement of
33	33	all or a portion of a student's body. The term includes the use of:
34	34	(A) a baton or a similar club;
35	35	(B) OC spray; and
36	36	(C) a conducted energy weapon.
37	37	(b) Not later than the 60th day after the last day of classes
38	38	for the school year, the superintendent of a school district shall
39	39	electronically submit to the agency a report that contains
40	40	incident-based data describing the total number of the following
41	41	incidents occurring during the preceding school year, organized by
42	42	campus:
43	43	(1) the sending of a student to the campus behavior
44	44	coordinator's or other administrator's office or removal of a
45	45	student from class under Section 37.002;
46	46	(2) restraints administered to a student;
47	47	(3) complaints filed against a student under Section
48	48	37.145; and
49	49	(4) the following incidents occurring on school
50	50	property that result from a district employee's request for
51	51	intervention by a law enforcement agency, district peace officer,
52	52	or school resource officer:
53	53	(A) citations issued to a student; and
54	54	(B) arrests made of a student.
55	55	(c) The incident-based data submitted under this section
56	56	must include:
57	57	(1) as applicable, information identifying:
58	58	(A) the age of the student;
59	59	(B) the gender of the student;
60	60	(C) the race or ethnicity of the student;
61	61	(D) whether the student is eligible for special
62	62	education services under Section 29.003;
63	63	(E) whether the student is an emergent bilingual
64	64	student, as defined by Section 29.052;
65	65	(F) whether the student is in the conservatorship
66	66	of the Department of Family and Protective Services;
67	67	(G) whether the student is homeless, as defined
68	68	by 42 U.S.C. Section 11302;
69	69	(H) the nature of the offense;
70	70	(I) whether the offense occurred during regular
71	71	school hours;
72	72	(J) whether the offense occurred on school
73	73	property or off school property while the student was attending a
74	74	school-sponsored or school-related activity;
75	75	(K) the type of restraint administered to the
76	76	student;
77	77	(L) the offense for which a complaint was filed
78	78	against the student or for which the student was issued a citation
79	79	or was arrested; and
80	80	(M) the campus at which the student was enrolled
81	81	at the time of the incident; and
82	82	(2) for each campus for which an incident described by
83	83	Subsection (b) is reported, a comparison of the demographics of
84	84	students who were the subject of such an incident to the
85	85	demographics of the campus's student body, disaggregated by each
86	86	student group described by Subdivision (1)(A), (B), (C), (D), (E),
87	87	(F), or (G).
88	88	(d) The data collected for a report required under this
89	89	section does not constitute prima facie evidence of racial
90	90	profiling.
91	91	(e) A report required under this section may not include
92	92	information that identifies the peace officer who issued a
93	93	citation. The identity of the peace officer is confidential and not
94	94	subject to disclosure under Chapter 552, Government Code.
95	95	(f) A report required under this section may not include
96	96	personally identifiable student information and must comply with
97	97	the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
98	98	Section 1232g).
99	99	(g) A school district that enters into a memorandum of
100	100	understanding with a local law enforcement agency for the provision
101	101	of a regular police presence on campus shall designate in the
102	102	memorandum of understanding which entity will be responsible for
103	103	collecting the data described by Subsection (b).
104	104	(h) The agency shall collect the reports required under this
105	105	section, compile the data, and make the data available to the
106	106	public. The data must be disaggregated by school district to the
107	107	extent possible while protecting the confidentiality of student
108	108	information in accordance with Subsection (f).
109	109	(i) The commissioner shall adopt rules as necessary to
110	110	implement this section, including rules requiring the reporting of
111	111	incident-based data using existing Public Education Information
112	112	Management System (PEIMS) codes for the reporting of incidents
113	113	described by Subsection (b).
114	114	SECTION 2. Section 12.104(b), Education Code, as amended by
115	115	Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
116	116	2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
117	117	Session, 2021, is reenacted and amended to read as follows:
118	118	(b) An open-enrollment charter school is subject to:
119	119	(1) a provision of this title establishing a criminal
120	120	offense;
121	121	(2) the provisions in Chapter 554, Government Code;
122	122	and
123	123	(3) a prohibition, restriction, or requirement, as
124	124	applicable, imposed by this title or a rule adopted under this
125	125	title, relating to:
126	126	(A) the Public Education Information Management
127	127	System (PEIMS) to the extent necessary to monitor compliance with
128	128	this subchapter as determined by the commissioner;
129	129	(B) criminal history records under Subchapter C,
130	130	Chapter 22;
131	131	(C) reading instruments and accelerated reading
132	132	instruction programs under Section 28.006;
133	133	(D) accelerated instruction under Section
134	134	28.0211;
135	135	(E) high school graduation requirements under
136	136	Section 28.025;
137	137	(F) special education programs under Subchapter
138	138	A, Chapter 29;
139	139	(G) bilingual education under Subchapter B,
140	140	Chapter 29;
141	141	(H) prekindergarten programs under Subchapter E
142	142	or E-1, Chapter 29, except class size limits for prekindergarten
143	143	classes imposed under Section 25.112, which do not apply;
144	144	(I) extracurricular activities under Section
145	145	33.081;
146	146	(J) discipline management practices or behavior
147	147	management techniques under Section 37.0021;
148	148	(K) health and safety under Chapter 38;
149	149	(L) the provisions of Subchapter A, Chapter 39;
150	150	(M) public school accountability and special
151	151	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
152	152	39, and Chapter 39A;
153	153	(N) the requirement under Section 21.006 to
154	154	report an educator's misconduct;
155	155	(O) intensive programs of instruction under
156	156	Section 28.0213;
157	157	(P) the right of a school employee to report a
158	158	crime, as provided by Section 37.148;
159	159	(Q) bullying prevention policies and procedures
160	160	under Section 37.0832;
161	161	(R) the right of a school under Section 37.0052
162	162	to place a student who has engaged in certain bullying behavior in a
163	163	disciplinary alternative education program or to expel the student;
164	164	(S) the right under Section 37.0151 to report to
165	165	local law enforcement certain conduct constituting assault or
166	166	harassment;
167	167	(T) a parent's right to information regarding the
168	168	provision of assistance for learning difficulties to the parent's
169	169	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
170	170	(U) establishment of residency under Section
171	171	25.001;
172	172	(V) school safety requirements under Sections
173	173	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
174	174	37.207, and 37.2071;
175	175	(W) the early childhood literacy and mathematics
176	176	proficiency plans under Section 11.185;
177	177	(X) the college, career, and military readiness
178	178	plans under Section 11.186; [and]
179	179	(Y) [(X)] parental options to retain a student
180	180	under Section 28.02124; and
181	181	(Z) the reporting of information regarding
182	182	certain disciplinary or law enforcement actions under Section
183	183	37.088.
184	184	SECTION 3. This Act applies beginning with the 2023-2024
185	185	school year.
186	186	SECTION 4. To the extent of any conflict, this Act prevails
187	187	over another Act of the 88th Legislature, Regular Session, 2023,
188	188	relating to nonsubstantive additions to and corrections in enacted
189	189	codes.
190	190	SECTION 5. This Act takes effect immediately if it receives
191	191	a vote of two-thirds of all the members elected to each house, as
192	192	provided by Section 39, Article III, Texas Constitution. If this
193	193	Act does not receive the vote necessary for immediate effect, this
194	194	Act takes effect September 1, 2023.