82R2216 EAH-D
 
  By: Walle H.B. No. 349
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring a school district to adopt a policy and
  collect data regarding restraints administered and citations
  issued by a school district peace officer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Sections 37.0811 and 37.0812 to read as follows:
         Sec. 37.0811.  RESTRAINT AND CITATION POLICY. (a) The board
  of trustees of a school district shall adopt a policy on the
  administration of restraints and issuance of citations by a school
  district peace officer.
         (b)  A policy adopted under Subsection (a) must:
               (1)  establish a process by which a student may file a
  complaint with the school district alleging that a school district
  peace officer issued a citation or administered a restraint to the
  student unjustifiably;
               (2)  provide for public education relating to the
  school district's complaint process;
               (3)  require the school district to take corrective
  action if a school district peace officer, after an investigation,
  is shown to have violated the policy adopted under Subsection (a);
  and
               (4)  require the school district to collect information
  relating to the issuance of citations and the administration of
  restraints, including information identifying:
                     (A)  the age of the student;
                     (B)  the gender of the student;
                     (C)  the race or ethnicity of the student;
                     (D)  whether the student is eligible for special
  education services under Section 29.003;
                     (E)  the nature of the offense;
                     (F)  the campus where the offense occurred;
                     (G)  if applicable, the type of restraint
  administered; and
                     (H)  if applicable, whether the student resisted
  the administration of a restraint.
         (c)  In this section:
               (1)  "Citation" means a ticket issued by a school
  district peace officer to a student for a Class C misdemeanor.
               (2)  "Restraint" means the use of physical force or a
  mechanical device to significantly restrict the free movement of
  all or a portion of a student's body, including the use of chemical
  restraints and tasers.
         Sec. 37.0812.  REPORT TO AGENCY ON RESTRAINTS, 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 submit to the agency a report that contains
  incident-based data describing the total number of citations
  issued, restraints administered, and arrests made 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)  the nature of the offense;
               (6)  the campus where the offense occurred;
               (7)  if applicable, the type of restraint administered;
  and
               (8)  if applicable, whether the student resisted the
  administration of a restraint.
         (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 school district peace officer who
  issued a citation or administered a restraint.
         (d)  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.
         (e)  The agency shall collect the reports required under this
  section, compile the data, and make the data available to the
  public.
         (f)  In this section:
               (1)  "Citation" means a ticket issued by a school
  district peace officer to a student for a Class C misdemeanor.
               (2)  "Restraint" means the use of physical force or a
  mechanical device to significantly restrict the free movement of
  all or a portion of a student's body, including the use of chemical
  restraints and tasers.
         SECTION 2.  This Act applies beginning with the 2011-2012
  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, 2011.