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A BILL TO BE ENTITLED
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AN ACT
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relating to disproportionate disciplinary action by school |
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districts against students of a particular race or ethnicity or |
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students enrolled in a special education program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 37.020, Education Code, |
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is amended to read as follows: |
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Sec. 37.020. REPORTS RELATING TO DISCIPLINARY ACTION |
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[EXPULSIONS AND DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM
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PLACEMENTS]. |
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SECTION 2. Section 37.020, Education Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (c-1) to |
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read as follows: |
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(b) For each placement in a disciplinary alternative |
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education program established under Section 37.008, the district |
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shall report: |
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(1) information identifying the student, including |
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the student's race, sex, ethnicity, status as a student in a special |
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education program under Subchapter A, Chapter 29, and date of |
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birth, that will enable the agency to compare placement data with |
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information collected through other reports; |
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(2) information indicating whether the placement was |
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based on: |
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(A) conduct violating the student code of conduct |
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adopted under Section 37.001; |
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(B) conduct for which a student may be removed |
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from class under Section 37.002(b); |
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(C) conduct for which placement in a disciplinary |
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alternative education program is required by Section 37.006; or |
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(D) conduct occurring while a student was |
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enrolled in another district and for which placement in a |
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disciplinary alternative education program is permitted by Section |
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37.008(j); |
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(3) the number of full or partial days the student was |
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assigned to the program and the number of full or partial days the |
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student attended the program; and |
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(4) the number of placements that were inconsistent |
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with the guidelines included in the student code of conduct under |
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Section 37.001(a)(5). |
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(c) For each expulsion under Section 37.007, the district |
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shall report: |
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(1) information identifying the student, including |
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the student's race, sex, ethnicity, status as a student in a special |
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education program under Subchapter A, Chapter 29, and date of |
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birth, that will enable the agency to compare placement data with |
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information collected through other reports; |
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(2) information indicating whether the expulsion was |
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based on: |
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(A) conduct for which expulsion is required under |
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Section 37.007, including information specifically indicating |
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whether a student was expelled on the basis of Section 37.007(e); or |
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(B) conduct for which expulsion is permitted |
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under Section 37.007; |
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(3) the number of full or partial days the student was |
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expelled; |
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(4) information indicating whether: |
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(A) the student was placed in a juvenile justice |
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alternative education program under Section 37.011; |
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(B) the student was placed in a disciplinary |
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alternative education program; or |
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(C) the student was not placed in a juvenile |
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justice or other disciplinary alternative education program; and |
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(5) the number of expulsions that were inconsistent |
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with the guidelines included in the student code of conduct under |
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Section 37.001(a)(5). |
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(c-1) For each suspension under Section 37.005, the |
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district shall report: |
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(1) information identifying the student, including |
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the student's race, sex, ethnicity, status as a student in a special |
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education program under Subchapter A, Chapter 29, and date of |
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birth, that will enable the agency to compare suspension data with |
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information collected through other reports; and |
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(2) the number of full or partial days the student was |
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suspended. |
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SECTION 3. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0201 to read as follows: |
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Sec. 37.0201. REMEDIATION PLAN: DISPROPORTIONATE |
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DISCIPLINARY ACTION. (a) The agency shall evaluate information |
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reported under Section 37.020 to determine whether a school |
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district appears to be taking disciplinary action against a |
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disproportionate number of students: |
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(1) of a particular race or ethnicity; or |
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(2) who are enrolled in a special education program |
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under Subchapter A, Chapter 29. |
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(b) On determining that a school district is taking |
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disciplinary action disproportionately, the agency shall: |
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(1) notify the district of the determination; |
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(2) obtain from the district any additional |
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information necessary to enable the agency to perform a more |
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comprehensive analysis of the district's disciplinary practices; |
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(3) require the district to submit a remediation plan |
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for approval by the agency; and |
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(4) require the district to implement the approved |
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remediation plan. |
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(c) The agency shall closely monitor implementation of the |
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remediation plan required under Subsection (b)(3) and shall |
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maintain oversight of the district's disciplinary practices until |
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information provided by the district under Section 37.020 indicates |
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that remediation has been achieved. |
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(d) The commissioner may adopt rules necessary to implement |
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this section. |
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SECTION 4. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 5. 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. |