Texas 2023 - 88th Regular

Texas Senate Bill SB1292 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R4526 AMF-D
2	2	By: West S.B. No. 1292
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to information reported through the Public Education
8	8	Information Management System and to parents regarding
9	9	disciplinary measures used by a public school.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 37.0011(b), Education Code, is amended
12	12	to read as follows:
13	13	(b) If the board of trustees of an independent school
14	14	district adopts a policy under Section 37.001(a)(8) or the
15	15	governing body of an open-enrollment charter school adopts a policy
16	16	under Section 12.131(a) under which corporal punishment is
17	17	permitted as a method of student discipline:
18	18	(1) not later than the beginning of each school year,
19	19	the district or school must provide to each student's parent,
20	20	guardian, or other person having lawful control over the student
21	21	for whom the district or school has an e-mail address a notice by
22	22	e-mail that includes:
23	23	(A) a statement of that person's right to
24	24	prohibit the use of corporal punishment against the student;
25	25	(B) the district's or school's policy on the use
26	26	of corporal punishment and the definition of corporal punishment
27	27	under Subsection (a);
28	28	(C) the procedure, in a readily understandable
29	29	format, for the parent, guardian, or other person having lawful
30	30	control over the student to prohibit the use of corporal punishment
31	31	against the student; and
32	32	(D) a conspicuous statement that, as provided by
33	33	Subsection (c), a new written, signed statement must be submitted
34	34	by a student's parent, guardian, or other person having lawful
35	35	control over the student to the district or school each school year
36	36	to prohibit the use of corporal punishment against the student
37	37	during that school year; and
38	38	(2) [,] a district or school educator may use corporal
39	39	punishment to discipline a student during a school year unless the
40	40	student's parent or guardian or other person having lawful control
41	41	over the student has previously provided a written, signed
42	42	statement prohibiting the use of corporal punishment as a method of
43	43	student discipline for that school year.
44	44	SECTION 2. Subchapter A, Chapter 37, Education Code, is
45	45	amended by adding Section 37.024 to read as follows:
46	46	Sec. 37.024. REQUIRED PEIMS REPORTING OF DISCIPLINARY
47	47	MEASURES; REPORT. (a) Each school district and open-enrollment
48	48	charter school shall include in the district's or school's Public
49	49	Education Information Management System (PEIMS) report the total
50	50	number, disaggregated by race, ethnicity, gender, status as
51	51	receiving special education services, and status as being in the
52	52	conservatorship of the Department of Family and Protective
53	53	Services, of, as applicable:
54	54	(1) incidents of uses of corporal punishment, if the
55	55	district or school permits the use of corporal punishment;
56	56	(2) reports to local law enforcement under Section
57	57	37.015 or 37.0151;
58	58	(3) suspensions of students by the district or school,
59	59	disaggregated by the number of students who received:
60	60	(A) only one out-of-school suspension during the
61	61	year;
62	62	(B) more than one out-of-school suspension
63	63	during the year; and
64	64	(C) one or more in-school suspensions;
65	65	(4) changes in school placement, including placement
66	66	in a juvenile justice alternative education program or a
67	67	disciplinary alternative education program;
68	68	(5) discretionary and mandatory expulsions, including
69	69	expulsions arising under a zero-tolerance policy adopted by the
70	70	district or school;
71	71	(6) citations for Class C misdemeanors;
72	72	(7) arrests; and
73	73	(8) referrals to a truancy court.
74	74	(b) The agency shall:
75	75	(1) aggregate the data required under Subsection (a)
76	76	by state, region, district or school, and campus in an annual report
77	77	that is readily understandable;
78	78	(2) make the report publicly available on the agency's
79	79	Internet website; and
80	80	(3) provide the report to each school district and
81	81	open-enrollment charter school.
82	82	(c) Each school district and open-enrollment charter school
83	83	shall provide annually to each student's parent, guardian, or other
84	84	person having lawful control over a student enrolled in the
85	85	district or school for whom the district or school has an e-mail
86	86	address a notice by e-mail that includes:
87	87	(1) a copy of the report under Subsection (b);
88	88	(2) a summary that compares the aggregate data
89	89	collected under Subsection (a) for the district or school campus
90	90	and for the state, region, and other campuses in the district or the
91	91	geographic area served by the school; and
92	92	(3) the Internet website link to the report under
93	93	Subsection (b) on the agency's Internet website.
94	94	(d) The commissioner shall adopt rules as necessary to
95	95	implement this section, including rules to ensure compliance with
96	96	the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
97	97	Section 1232g).
98	98	SECTION 3. This Act applies beginning with the 2023-2024
99	99	school year.
100	100	SECTION 4. This Act takes effect immediately if it receives
101	101	a vote of two-thirds of all the members elected to each house, as
102	102	provided by Section 39, Article III, Texas Constitution. If this
103	103	Act does not receive the vote necessary for immediate effect, this
104	104	Act takes effect September 1, 2023.