Texas 2025 - 89th Regular

Texas House Bill HB3549 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15940 KJE-F
2	2	By: Ward Johnson H.B. No. 3549
3	3
4	4
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) restraints administered to a student;
44	44	(2) complaints filed against a student under Section
45	45	37.145; and
46	46	(3) the following incidents occurring on school
47	47	property that result from a district employee's request for
48	48	intervention by a law enforcement agency, district peace officer,
49	49	or school resource officer:
50	50	(A) citations issued to a student; and
51	51	(B) arrests made of a student.
52	52	(c) The incident-based data submitted under this section
53	53	must include:
54	54	(1) as applicable, information identifying:
55	55	(A) the age of the student;
56	56	(B) the gender of the student;
57	57	(C) the race or ethnicity of the student;
58	58	(D) whether the student is eligible for special
59	59	education services under Section 29.003;
60	60	(E) whether the student is an emergent bilingual
61	61	student, as defined by Section 29.052;
62	62	(F) whether the student is in the conservatorship
63	63	of the Department of Family and Protective Services;
64	64	(G) whether the student is homeless, as defined
65	65	by 42 U.S.C. Section 11302;
66	66	(H) the nature of the offense;
67	67	(I) whether the offense occurred during regular
68	68	school hours;
69	69	(J) whether the offense occurred on school
70	70	property or off school property while the student was attending a
71	71	school-sponsored or school-related activity;
72	72	(K) the type of restraint administered to the
73	73	student;
74	74	(L) the offense for which a complaint was filed
75	75	against the student or for which the student was issued a citation
76	76	or was arrested; and
77	77	(M) the campus at which the student was enrolled
78	78	at the time of the incident; and
79	79	(2) for each campus for which an incident described by
80	80	Subsection (b) is reported, a comparison of the demographics of
81	81	students who were the subject of such an incident to the
82	82	demographics of the campus's student body, disaggregated by each
83	83	student group described by Subdivision (1)(A), (B), (C), (D), (E),
84	84	(F), or (G).
85	85	(d) The data collected for a report required under this
86	86	section does not constitute prima facie evidence of racial
87	87	profiling.
88	88	(e) A report required under this section may not include
89	89	information that identifies the peace officer who issued a
90	90	citation. The identity of the peace officer is confidential and not
91	91	subject to disclosure under Chapter 552, Government Code.
92	92	(f) A report required under this section may not include
93	93	personally identifiable student information and must comply with
94	94	the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
95	95	Section 1232g).
96	96	(g) A school district that enters into a memorandum of
97	97	understanding with a local law enforcement agency for the provision
98	98	of a regular police presence on campus shall designate in the
99	99	memorandum of understanding which entity will be responsible for
100	100	collecting the data described by Subsection (b).
101	101	(h) The agency shall collect the reports required under this
102	102	section, compile the data, and make the data available to the
103	103	public. The data must be disaggregated by school district to the
104	104	extent possible while protecting the confidentiality of student
105	105	information in accordance with Subsection (f).
106	106	(i) The commissioner shall adopt rules as necessary to
107	107	implement this section, including rules requiring the reporting of
108	108	incident-based data using existing Public Education Information
109	109	Management System (PEIMS) codes for the reporting of incidents
110	110	described by Subsection (b).
111	111	SECTION 2. Section 12.104(b), Education Code, is amended to
112	112	read as follows:
113	113	(b) An open-enrollment charter school is subject to:
114	114	(1) a provision of this title establishing a criminal
115	115	offense;
116	116	(2) the provisions in Chapter 554, Government Code;
117	117	and
118	118	(3) a prohibition, restriction, or requirement, as
119	119	applicable, imposed by this title or a rule adopted under this
120	120	title, relating to:
121	121	(A) the Public Education Information Management
122	122	System (PEIMS) to the extent necessary to monitor compliance with
123	123	this subchapter as determined by the commissioner;
124	124	(B) criminal history records under Subchapter C,
125	125	Chapter 22;
126	126	(C) reading instruments and accelerated reading
127	127	instruction programs under Section 28.006;
128	128	(D) accelerated instruction under Section
129	129	28.0211;
130	130	(E) high school graduation requirements under
131	131	Section 28.025;
132	132	(F) special education programs under Subchapter
133	133	A, Chapter 29;
134	134	(G) bilingual education under Subchapter B,
135	135	Chapter 29;
136	136	(H) prekindergarten programs under Subchapter E
137	137	or E-1, Chapter 29, except class size limits for prekindergarten
138	138	classes imposed under Section 25.112, which do not apply;
139	139	(I) extracurricular activities under Section
140	140	33.081;
141	141	(J) discipline management practices or behavior
142	142	management techniques under Section 37.0021;
143	143	(K) health and safety under Chapter 38;
144	144	(L) the provisions of Subchapter A, Chapter 39;
145	145	(M) public school accountability and special
146	146	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
147	147	39, and Chapter 39A;
148	148	(N) the requirement under Section 21.006 to
149	149	report an educator's misconduct;
150	150	(O) intensive programs of instruction under
151	151	Section 28.0213;
152	152	(P) the right of a school employee to report a
153	153	crime, as provided by Section 37.148;
154	154	(Q) bullying prevention policies and procedures
155	155	under Section 37.0832;
156	156	(R) the right of a school under Section 37.0052
157	157	to place a student who has engaged in certain bullying behavior in a
158	158	disciplinary alternative education program or to expel the student;
159	159	(S) the right under Section 37.0151 to report to
160	160	local law enforcement certain conduct constituting assault or
161	161	harassment;
162	162	(T) a parent's right to information regarding the
163	163	provision of assistance for learning difficulties to the parent's
164	164	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
165	165	(U) establishment of residency under Section
166	166	25.001;
167	167	(V) school safety requirements under Sections
168	168	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
169	169	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
170	170	37.2071 and Subchapter J, Chapter 37;
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) parental options to retain a student under
176	176	Section 28.02124; and
177	177	(Z) the reporting of information regarding
178	178	certain disciplinary or law enforcement actions under Section
179	179	37.088.
180	180	SECTION 3. This Act applies beginning with the 2025-2026
181	181	school year.
182	182	SECTION 4. This Act takes effect immediately if it receives
183	183	a vote of two-thirds of all the members elected to each house, as
184	184	provided by Section 39, Article III, Texas Constitution. If this
185	185	Act does not receive the vote necessary for immediate effect, this
186	186	Act takes effect September 1, 2025.