Bill Text: TX HB918 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to requiring a school district to report data regarding citations issued to and arrests made of students.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-02 - Left pending in committee [HB918 Detail]
Download: Texas-2013-HB918-Introduced.html
83R5497 EAH-D | ||
By: Walle | H.B. No. 918 |
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relating to requiring a school district to report data regarding | ||
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 37.0811 to read as follows: | ||
Sec. 37.0811. REPORT TO AGENCY ON CITATIONS AND ARRESTS. | ||
(a) 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 citations issued | ||
to and arrests made of students for the preceding academic year, | ||
organized by campus. The incident-based data submitted under this | ||
subsection must include 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; and | ||
(9) the campus at which the student is enrolled. | ||
(b) The data collected for a report required under this | ||
section does not constitute prima facie evidence of racial | ||
profiling. | ||
(c) 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. | ||
(d) 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). | ||
(e) 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 (a). | ||
(f) If the agency determines that a superintendent | ||
intentionally failed to submit a report required under this | ||
section, the agency shall notify the State Board for Educator | ||
Certification of the failure, and the board shall determine whether | ||
to impose sanctions against the superintendent in accordance with | ||
board rules. | ||
(g) The agency shall collect the reports required under this | ||
section, compile the data, and make the data available to the | ||
public. | ||
(h) In this section, "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 (e). | ||
SECTION 2. This Act applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 3. 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, 2013. |