Bill Text: TX SB420 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to disproportionate discretionary disciplinary action by school districts against students of a particular race or students enrolled in a special education program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-30 - Left pending in committee [SB420 Detail]
Download: Texas-2013-SB420-Introduced.html
| 83R5245 MEW-D | ||
| By: West | S.B. No. 420 | |
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| relating to disproportionate discretionary disciplinary action by | ||
| school districts against students of a particular race or students | ||
| enrolled in a special education program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 37, Education Code, is | ||
| amended by adding Section 37.0201 to read as follows: | ||
| Sec. 37.0201. REMEDIATION PLAN: DISPROPORTIONATE | ||
| DISCRETIONARY DISCIPLINARY ACTION. (a) In this section, | ||
| "discretionary disciplinary action" means any disciplinary action | ||
| taken by a school district that is allowed but not required under | ||
| this chapter or the district's student code of conduct. | ||
| (b) The agency shall evaluate information reported through | ||
| the Public Education Information Management System (PEIMS) to | ||
| determine whether a school district appears to be taking | ||
| discretionary disciplinary action, including suspension, | ||
| expulsion, placement in a disciplinary alternative education | ||
| program or juvenile justice alternative education program, or any | ||
| other disciplinary action reported through PEIMS, against a | ||
| disproportionate number of students: | ||
| (1) of a particular race; or | ||
| (2) who are enrolled in a special education program | ||
| under Subchapter A, Chapter 29. | ||
| (c) On determining that a school district is taking | ||
| discretionary disciplinary action disproportionately, the agency | ||
| shall: | ||
| (1) notify the district of the determination; | ||
| (2) obtain from the district any additional | ||
| information necessary to enable the agency to perform a more | ||
| comprehensive analysis of the district's disciplinary practices; | ||
| (3) require the district to submit a remediation plan, | ||
| which may include the implementation of school-wide positive | ||
| behavioral interventions and supports, for approval by the agency; | ||
| and | ||
| (4) require the district to implement the approved | ||
| remediation plan. | ||
| (d) In developing a remediation plan, the district may | ||
| request technical assistance from the Center for Elimination of | ||
| Disproportionality and Disparities created under Chapter 107A, | ||
| Health and Safety Code. If requested by the district, the center | ||
| shall provide the assistance at no charge to the district. | ||
| (e) The agency shall monitor implementation of the | ||
| remediation plan required under Subsection (c)(3) and shall | ||
| maintain oversight of the district's disciplinary practices until | ||
| information provided by the district indicates that remediation has | ||
| been achieved. | ||
| (f) The commissioner may adopt rules necessary to implement | ||
| this section. | ||
| 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. | ||
