bill makes paddling schools email parents opt-out rights

The text as introduced · 809 words

89R1450 AMF-D

By: Goodwin
H.B. No. 1096

A BILL TO BE ENTITLED

AN ACT

relating to the use of corporal punishment and to the reporting of

certain information regarding the use of disciplinary measures or

restraint by public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.0011(b), Education Code, is amended

to read as follows:

(b) If the board of trustees of an independent school

district adopts a policy under Section 37.001(a)(8) or the

governing body of an open-enrollment charter school adopts a policy

under Section 12.131(a) under which corporal punishment is

permitted as a method of student discipline :

(1) not later than the beginning of each school year,

the district or school must provide to each student's parent,

guardian, or other person having lawful control over the student

for whom the district or school has an e-mail address a notice by

e-mail that includes:

(A) a statement of that person's right to

prohibit the use of corporal punishment against the student;

(B) the district's or school's policy on the use

of corporal punishment and the definition of corporal punishment

under Subsection (a);

(C) the procedure, in a readily understandable

format, for the parent, guardian, or other person having lawful

control over the student to prohibit the use of corporal punishment

against the student; and

(D) a conspicuous statement that, as provided by

Subsection (c), a new written, signed statement must be submitted

by a student's parent, guardian, or other person having lawful

control over the student to the district or school each school year

to prohibit the use of corporal punishment against the student

during that school year; and

(2) [ , ] a district or school educator may use corporal

punishment to discipline a student during a school year unless the

student's parent or guardian or other person having lawful control

over the student has previously provided a written, signed

statement prohibiting the use of corporal punishment as a method of

student discipline for that school year .

SECTION 2. Subchapter A, Chapter 37, Education Code, is

amended by adding Section 37.024 to read as follows:

Sec. 37.024. REQUIRED PEIMS REPORTING OF DISCIPLINARY

MEASURES AND RESTRAINT; REPORT. (a) Each school district and

open-enrollment charter school shall include in the district's or

school's Public Education Information Management System (PEIMS)

report the total number, disaggregated by race, ethnicity, gender,

status as receiving special education services, and status as being

in the conservatorship of the Department of Family and Protective

Services, of, as applicable:

(1) incidents of uses of corporal punishment, if the

district or school permits the use of corporal punishment;

(2) incidents of uses of restraint, as defined by

Section 37.0021;

(3) reports to local law enforcement under Section

37.015 or 37.0151;

(4) suspensions of students by the district or school,

disaggregated by the number of students who received:

(A) only one out-of-school suspension during the

year;

(B) more than one out-of-school suspension

during the year; and

(C) one or more in-school suspensions;

(5) changes in school placement, including placement

in a juvenile justice alternative education program or a

disciplinary alternative education program;

(6) discretionary and mandatory expulsions, including

expulsions arising under a zero-tolerance policy adopted by the

district or school;

(7) citations for Class C misdemeanors;

(8) arrests; and

(9) referrals to a truancy court.

(b) The agency shall:

(1) aggregate the data required under Subsection (a)

by state, region, district or school, and campus in an annual report

that is readily understandable;

(2) make the report publicly available on the agency's

Internet website; and

(3) provide the report to each school district and

open-enrollment charter school.

(c) Each school district and open-enrollment charter school

shall provide annually to each student's parent, guardian, or other

person having lawful control over a student enrolled in the

district or school for whom the district or school has an e-mail

address a notice by e-mail that includes:

(1) a copy of the report under Subsection (b);

(2) a summary that compares the aggregate data

collected under Subsection (a) for the district or school campus

and for the state, region, and other campuses in the district or the

geographic area served by the school; and

(3) the Internet website link to the report under

Subsection (b) on the agency's Internet website.

(d) The commissioner shall adopt rules as necessary to

implement this section, including rules to ensure compliance with

the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.

Section 1232g).

SECTION 3. This Act applies beginning with the 2025-2026

school year.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.