BILL ANALYSIS Senate Research Center S.B. 2392 89R9770 JDK-D By: King Education K-16 4/4/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In recent years, Texas has implemented various measures to bolster student safety and mitigate risks from external threats. However, students also face internal threats related to educator and student misconduct. These threats are exacerbated by the rise of technologies threatening student privacy, such as artificial intelligence that can easily be manipulated to create and share sexually explicit photos of minors. Unfortunately, statewide reports show that Texas schools have a culture of underreporting educator and student misconduct that occurs on campus. S.B. 2392 seeks to address underreporting in Texas public schools by strengthening Section 37.015 of the Texas Education Code, which requires schools to report misconduct to law enforcement. S.B. 2392 expands the list of conduct for which reporting is required to include misconduct related to sexual coercion, human trafficking, obscenity, and child pornography, among others. Additionally, S.B. 2392 makes the provision excepting a principal from reporting if the principal "reasonably believes that the activity does not constitute a criminal offense" inapplicable to sexual offenses. S.B. 2392 also requires that the principal report misconduct immediately upon, or not later than 72 hours after, becoming aware of it. As proposed, S.B. 2392 amends current law relating to notice to local law enforcement of certain offenses occurring on public or private school property or at school-sponsored or school-related activities. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 37.015, Education Code, amending Subsections (a) and (c) and adding Subsection (c-1), as follows: (a) Requires the principal of a public or private primary or secondary school, or a person designated by the principal under Subsection (d) (relating to a designated school employee to make certain reports), to notify any school district police department and the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if the principal has reasonable grounds to believe that any of certain activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers, including conduct that may constitute a criminal offense under certain sections of the Penal Code or conduct that may constitute a felony of the first degree under Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code. (c) Creates an exception under Subsection (c-1). (c-1) Requires the principal of a public or private primary or secondary school, as soon as practicable but not later than 72 hours after becoming aware of conduct described by Subsection (a)(8) (relating to conduct that may constitute a criminal offense under certain sections of the Penal Code) or (9) (relating to conduct that may constitute a felony of the first degree under Section 22.04, Penal Code), to provide the notice required by Subsection (a). SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 2392
89R9770 JDK-D By: King
Education K-16
4/4/2025
As Filed
Senate Research Center
S.B. 2392
89R9770 JDK-D
By: King
Education K-16
4/4/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In recent years, Texas has implemented various measures to bolster student safety and mitigate risks from external threats. However, students also face internal threats related to educator and student misconduct. These threats are exacerbated by the rise of technologies threatening student privacy, such as artificial intelligence that can easily be manipulated to create and share sexually explicit photos of minors.
Unfortunately, statewide reports show that Texas schools have a culture of underreporting educator and student misconduct that occurs on campus. S.B. 2392 seeks to address underreporting in Texas public schools by strengthening Section 37.015 of the Texas Education Code, which requires schools to report misconduct to law enforcement.
S.B. 2392 expands the list of conduct for which reporting is required to include misconduct related to sexual coercion, human trafficking, obscenity, and child pornography, among others. Additionally, S.B. 2392 makes the provision excepting a principal from reporting if the principal "reasonably believes that the activity does not constitute a criminal offense" inapplicable to sexual offenses. S.B. 2392 also requires that the principal report misconduct immediately upon, or not later than 72 hours after, becoming aware of it.
As proposed, S.B. 2392 amends current law relating to notice to local law enforcement of certain offenses occurring on public or private school property or at school-sponsored or school-related activities.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 37.015, Education Code, amending Subsections (a) and (c) and adding Subsection (c-1), as follows:
(a) Requires the principal of a public or private primary or secondary school, or a person designated by the principal under Subsection (d) (relating to a designated school employee to make certain reports), to notify any school district police department and the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if the principal has reasonable grounds to believe that any of certain activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers, including conduct that may constitute a criminal offense under certain sections of the Penal Code or conduct that may constitute a felony of the first degree under Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual), Penal Code.
(c) Creates an exception under Subsection (c-1).
(c-1) Requires the principal of a public or private primary or secondary school, as soon as practicable but not later than 72 hours after becoming aware of conduct described by Subsection (a)(8) (relating to conduct that may constitute a criminal offense under certain sections of the Penal Code) or (9) (relating to conduct that may constitute a felony of the first degree under Section 22.04, Penal Code), to provide the notice required by Subsection (a).
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.