85R7877 KJE-F
	By: Giddings	H.B. No. 1732

	A BILL TO BE ENTITLED
	AN ACT
	relating to requiring a school district or open-enrollment charter
	school to report data regarding restraints administered to,
	complaints filed against, citations issued to, and arrests made of
	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 37.0814 to read as follows:
	Sec. 37.0814.  REPORT TO AGENCY ON RESTRAINTS, COMPLAINTS,
	CITATIONS, AND ARRESTS.  (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)  "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.
	(3)  "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 Taser.
	(4)  "Taser" means a device manufactured, sold, or
	distributed by Taser International, Incorporated, that is
	intended, designed, made, or adapted to incapacitate a person by
	inflicting an electrical charge through the emission of a
	projectile or conductive stream. The term, for purposes of this
	section, includes a similar device manufactured, sold, or
	distributed by another person.
	(b)  Not later than the 60th day after the last day of classes
	for the academic 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 academic year, organized
	by campus:
	(1)  restraints administered to a student;
	(2)  complaints filed against a student under Section
	37.145;
	(3)  citations issued to a student; and
	(4)  arrests made of a student.
	(c)  The incident-based data submitted under this section
	must include, as applicable, information identifying:
	(1)  the age of the student;
	(2)  the gender of the student;
	(3)  the race or ethnicity of the student;
	(4)  whether the student is eligible for special
	education services under Section 29.003;
	(5)  whether the student is a student of limited
	English proficiency, as defined by Section 29.052;
	(6)  the nature of the offense;
	(7)  whether the offense occurred during regular school
	hours;
	(8)  whether the offense occurred on school property or
	off school property while the student was attending a
	school-sponsored or school-related activity;
	(9)  the type of restraint administered to the student;
	(10)  the offense for which a complaint was filed
	against the student or for which the student was issued a citation
	or was arrested; and
	(11)  the campus at which the student was enrolled at
	the time of the incident.
	(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.
	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; and
	(2)  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;
	(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)  public school accountability under
	Subchapters B, C, D, E, F, G, and J, Chapter 39;
	(M)  the requirement under Section 21.006 to
	report an educator's misconduct;
	(N)  intensive programs of instruction under
	Section 28.0213; [and]
	(O)  the right of a school employee to report a
	crime, as provided by Section 37.148; and
	(P)  the reporting of certain information
	regarding restraints, complaints, citations, and arrests under
	Section 37.0814.
	SECTION 3.  This Act applies beginning with the 2017-2018
	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, 2017.