|
|
|
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. |