bill requiring schools to report restraints and arrests

The text as introduced · 1,288 words

89R15940 KJE-F

By: Ward Johnson
H.B. No. 3549

A BILL TO BE ENTITLED

AN ACT

relating to requiring a school district or open-enrollment charter

school to report data regarding certain disciplinary or law

enforcement actions taken against students.

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

SECTION 1. Subchapter C, Chapter 37, Education Code, is

amended by adding Section 37.088 to read as follows:

Sec. 37.088. REPORT TO AGENCY ON CERTAIN DISCIPLINARY OR

LAW ENFORCEMENT ACTIONS. (a) In this section:

(1) "Citation" means a ticket issued to a student for a

Class C misdemeanor by a school district peace officer or other

peace officer acting under a memorandum of understanding described

by Subsection (g).

(2) "Conducted energy weapon" means a device that is

intended, designed, made, or adapted to inflict pain on,

immobilize, or incapacitate a person by delivering electrical

energy into the person's body through direct contact or through one

or more projectiles.

(3) "OC spray" means any aerosol-propelled

debilitation device that is composed of a lachrymatory chemical

compound that irritates the eyes to cause tears, pain, or temporary

blindness. The term includes pepper spray, capsicum spray, OC gas,

and oleoresin capsicum.

(4) "Restraint" means the use of physical force or a

mechanical device to significantly restrict the free movement of

all or a portion of a student's body. The term includes the use of:

(A) a baton or a similar club;

(B) OC spray; and

(C) a conducted energy weapon.

(b) Not later than the 60th day after the last day of classes

for the school year, the superintendent of a school district shall

electronically submit to the agency a report that contains

incident-based data describing the total number of the following

incidents occurring during the preceding school year, organized by

campus:

(1) restraints administered to a student;

(2) complaints filed against a student under Section

37.145; and

(3) the following incidents occurring on school

property that result from a district employee's request for

intervention by a law enforcement agency, district peace officer,

or school resource officer:

(A) citations issued to a student; and

(B) arrests made of a student.

(c) The incident-based data submitted under this section

must include:

(1) as applicable, information identifying:

(A) the age of the student;

(B) the gender of the student;

(C) the race or ethnicity of the student;

(D) whether the student is eligible for special

education services under Section 29.003;

(E) whether the student is an emergent bilingual

student, as defined by Section 29.052;

(F) whether the student is in the conservatorship

of the Department of Family and Protective Services;

(G) whether the student is homeless, as defined

by 42 U.S.C. Section 11302;

(H) the nature of the offense;

(I) whether the offense occurred during regular

school hours;

(J) whether the offense occurred on school

property or off school property while the student was attending a

school-sponsored or school-related activity;

(K) the type of restraint administered to the

student;

(L) the offense for which a complaint was filed

against the student or for which the student was issued a citation

or was arrested; and

(M) the campus at which the student was enrolled

at the time of the incident; and

(2) for each campus for which an incident described by

Subsection (b) is reported, a comparison of the demographics of

students who were the subject of such an incident to the

demographics of the campus's student body, disaggregated by each

student group described by Subdivision (1)(A), (B), (C), (D), (E),

(F), or (G).

(d) The data collected for a report required under this

section does not constitute prima facie evidence of racial

profiling.

(e) A report required under this section may not include

information that identifies the peace officer who issued a

citation. The identity of the peace officer is confidential and not

subject to disclosure under Chapter 552, Government Code.

(f) A report required under this section may not include

personally identifiable student information and must comply with

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

Section 1232g).

(g) A school district that enters into a memorandum of

understanding with a local law enforcement agency for the provision

of a regular police presence on campus shall designate in the

memorandum of understanding which entity will be responsible for

collecting the data described by Subsection (b).

(h) The agency shall collect the reports required under this

section, compile the data, and make the data available to the

public. The data must be disaggregated by school district to the

extent possible while protecting the confidentiality of student

information in accordance with Subsection (f).

(i) The commissioner shall adopt rules as necessary to

implement this section, including rules requiring the reporting of

incident-based data using existing Public Education Information

Management System (PEIMS) codes for the reporting of incidents

described by Subsection (b).

SECTION 2. Section 12.104(b), Education Code, is amended to

read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) reading instruments and accelerated reading

instruction programs under Section 28.006;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section 21.006 to

report an educator's misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; [ and ]

(Y) parental options to retain a student under

Section 28.02124 ; and

(Z) the reporting of information regarding

certain disciplinary or law enforcement actions under Section

37.088 .

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.