By: Goodwin, Bernal, Wu, Israel H.B. No. 3485

A BILL TO BE ENTITLED

AN ACT

relating to information reported through the Public Education Information Management System and to parents regarding disciplinary measures used by a school district.

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) under which corporal punishment is permitted as a method of student discipline:

(1) not later than the beginning of each school year, a district must provide to each student's parent, guardian, or other person having lawful control over the student for whom the district 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 by the district against the student;

(B) the district's policy on the use of corporal punishment and the definition of corporal punishment under Subsection (a);

(C) the procedure, in a format that is readily understandable by an individual, for the parent, guardian, or other person to prohibit the use of corporal punishment; and

(D) a conspicuous statement that 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 each school year to prohibit the use of corporal punishment against the student during that school year; and

(2) [,] a district educator may use corporal punishment to discipline a student 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.

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; REPORT. (a) Each school district shall include in the district'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:

(1) incidents of uses of corporal punishment, if the district permits the use of corporal punishment under Section 37.0011;

(2) reports to local law enforcement under Section 37.015 or 37.0151;

(3) suspensions under Section 37.005, 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;

(4) changes in school placement, including placement in a juvenile justice alternative education program or a disciplinary alternative education program;

(5) discretionary and mandatory expulsions, including expulsions arising under a zero-tolerance policy adopted by the district;

(6) citations for Class C misdemeanors;

(7) arrests; and

(8) referrals to a truancy court.

(b) The agency shall:

(1) aggregate the data required under Subsection (a) by state, region, district, and campus in an annual report that is readily understandable by an individual;

(2) make the report publicly available on the agency's Internet website; and

(3) provide the report to each school district.

(c) Each school district shall provide annually to each student's parent, guardian, or other person having lawful control over a student enrolled in the district for whom the district 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 campus and for the state, region, and other campuses in the district; 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 2021-2022 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, 2021.