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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a school district to adopt a policy and |
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collect data regarding restraints administered and citations |
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issued by a school district peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Sections 37.0811 and 37.0812 to read as follows: |
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Sec. 37.0811. RESTRAINT AND CITATION POLICY. (a) The board |
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of trustees of a school district shall adopt a policy on the |
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administration of restraints and issuance of citations by a school |
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district peace officer. |
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(b) A policy adopted under Subsection (a) must: |
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(1) establish a process by which a student may file a |
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complaint with the school district alleging that a school district |
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peace officer issued a citation or administered a restraint to the |
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student unjustifiably; |
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(2) provide for public education relating to the |
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school district's complaint process; |
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(3) require the school district to take corrective |
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action if a school district peace officer, after an investigation, |
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is shown to have violated the policy adopted under Subsection (a); |
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and |
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(4) require the school district to collect information |
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relating to the issuance of citations and the administration of |
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restraints, including information identifying: |
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(A) the age of the student; |
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(B) the gender of the student; |
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(C) the race or ethnicity of the student; |
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(D) whether the student is eligible for special |
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education services under Section 29.003; |
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(E) the nature of the offense; |
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(F) the campus where the offense occurred; |
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(G) if applicable, the type of restraint |
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administered; and |
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(H) if applicable, whether the student resisted |
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the administration of a restraint. |
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(c) In this section: |
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(1) "Citation" means a ticket issued by a school |
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district peace officer to a student for a Class C misdemeanor. |
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(2) "Restraint" means the use of physical force or a |
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mechanical device to significantly restrict the free movement of |
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all or a portion of a student's body, including the use of chemical |
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restraints and tasers. |
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Sec. 37.0812. REPORT TO AGENCY ON RESTRAINTS, CITATIONS, |
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AND ARRESTS. (a) Not later than the 60th day after the last day of |
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classes for the academic year, the superintendent of a school |
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district shall submit to the agency a report that contains |
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incident-based data describing the total number of citations |
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issued, restraints administered, and arrests made for the preceding |
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academic year, organized by campus. The incident-based data |
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submitted under this subsection must include information |
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identifying: |
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(1) the age of the student; |
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(2) the gender of the student; |
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(3) the race or ethnicity of the student; |
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(4) whether the student is eligible for special |
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education services under Section 29.003; |
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(5) the nature of the offense; |
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(6) the campus where the offense occurred; |
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(7) if applicable, the type of restraint administered; |
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and |
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(8) if applicable, whether the student resisted the |
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administration of a restraint. |
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(b) The data collected for a report required under this |
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section does not constitute prima facie evidence of racial |
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profiling. |
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(c) A report required under this section may not include |
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information that identifies the school district peace officer who |
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issued a citation or administered a restraint. |
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(d) If the agency determines that a superintendent |
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intentionally failed to submit a report required under this |
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section, the agency shall notify the State Board for Educator |
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Certification of the failure, and the board shall determine whether |
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to impose sanctions against the superintendent in accordance with |
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board rules. |
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(e) The agency shall collect the reports required under this |
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section, compile the data, and make the data available to the |
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public. |
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(f) In this section: |
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(1) "Citation" means a ticket issued by a school |
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district peace officer to a student for a Class C misdemeanor. |
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(2) "Restraint" means the use of physical force or a |
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mechanical device to significantly restrict the free movement of |
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all or a portion of a student's body, including the use of chemical |
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restraints and tasers. |
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SECTION 2. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 3. 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, 2011. |