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A BILL TO BE ENTITLED
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AN ACT
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relating to information reported through the Public Education |
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Information Management System and to parents regarding |
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disciplinary measures or restraint used by a public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0011(b), Education Code, is amended |
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to read as follows: |
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(b) If the board of trustees of an independent school |
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district adopts a policy under Section 37.001(a)(8) or the |
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governing body of an open-enrollment charter school adopts a policy |
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under Section 12.131(a) under which corporal punishment is |
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permitted as a method of student discipline: |
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(1) not later than the beginning of each school year, |
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the district or school must provide to each student's parent, |
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guardian, or other person having lawful control over the student |
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for whom the district or school has an e-mail address a notice by |
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e-mail that includes: |
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(A) a statement of that person's right to |
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prohibit the use of corporal punishment against the student; |
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(B) the district's or school's policy on the use |
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of corporal punishment and the definition of corporal punishment |
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under Subsection (a); |
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(C) the procedure, in a readily understandable |
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format, for the parent, guardian, or other person having lawful |
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control over the student to prohibit the use of corporal punishment |
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against the student; and |
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(D) a conspicuous statement that, as provided by |
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Subsection (c), a new written, signed statement must be submitted |
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by a student's parent, guardian, or other person having lawful |
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control over the student to the district or school each school year |
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to prohibit the use of corporal punishment against the student |
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during that school year; and |
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(2) [,] a district or school educator may use corporal |
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punishment to discipline a student during a school year unless the |
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student's parent or guardian or other person having lawful control |
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over the student has previously provided a written, signed |
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statement prohibiting the use of corporal punishment as a method of |
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student discipline for that school year. |
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SECTION 2. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.024 to read as follows: |
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Sec. 37.024. REQUIRED PEIMS REPORTING OF DISCIPLINARY |
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MEASURES AND RESTRAINT; REPORT. (a) Each school district and |
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open-enrollment charter school shall include in the district's or |
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school's Public Education Information Management System (PEIMS) |
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report the total number, disaggregated by race, ethnicity, gender, |
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status as receiving special education services, and status as being |
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in the conservatorship of the Department of Family and Protective |
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Services, of, as applicable: |
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(1) incidents of uses of corporal punishment, if the |
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district or school permits the use of corporal punishment; |
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(2) incidents of uses of restraint, as defined by |
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Section 37.0021; |
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(3) reports to local law enforcement under Section |
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37.015 or 37.0151; |
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(4) suspensions of students by the district or school, |
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disaggregated by the number of students who received: |
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(A) only one out-of-school suspension during the |
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year; |
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(B) more than one out-of-school suspension |
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during the year; and |
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(C) one or more in-school suspensions; |
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(5) changes in school placement, including placement |
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in a juvenile justice alternative education program or a |
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disciplinary alternative education program; |
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(6) discretionary and mandatory expulsions, including |
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expulsions arising under a zero-tolerance policy adopted by the |
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district or school; |
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(7) citations for Class C misdemeanors; |
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(8) arrests; and |
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(9) referrals to a truancy court. |
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(b) The agency shall: |
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(1) aggregate the data required under Subsection (a) |
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by state, region, district or school, and campus in an annual report |
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that is readily understandable; |
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(2) make the report publicly available on the agency's |
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Internet website; and |
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(3) provide the report to each school district and |
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open-enrollment charter school. |
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(c) Each school district and open-enrollment charter school |
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shall provide annually to each student's parent, guardian, or other |
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person having lawful control over a student enrolled in the |
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district or school for whom the district or school has an e-mail |
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address a notice by e-mail that includes: |
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(1) a copy of the report under Subsection (b); |
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(2) a summary that compares the aggregate data |
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collected under Subsection (a) for the district or school campus |
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and for the state, region, and other campuses in the district or the |
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geographic area served by the school; and |
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(3) the Internet website link to the report under |
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Subsection (b) on the agency's Internet website. |
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(d) The commissioner shall adopt rules as necessary to |
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implement this section, including rules to ensure compliance with |
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the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |