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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 report data regarding |
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citations issued to and arrests made of students. |
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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 Section 37.0811 to read as follows: |
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Sec. 37.0811. REPORT TO AGENCY ON CITATIONS AND ARRESTS. |
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(a) Not later than the 60th day after the last day of classes for |
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the academic year, the superintendent of a school district shall |
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electronically submit to the agency a report that contains |
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incident-based data describing the total number of citations issued |
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to and arrests made of students for the preceding academic year, |
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organized by campus. The incident-based data submitted under this |
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subsection must include information 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) whether the student is a student of limited |
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English proficiency, as defined by Section 29.052; |
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(6) the nature of the offense; |
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(7) whether the offense occurred during regular school |
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hours; |
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(8) whether the offense occurred on school property or |
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off school property while the student was attending a |
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school-sponsored or school-related activity; and |
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(9) the campus at which the student is enrolled. |
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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 peace officer who issued a |
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citation. The identity of the peace officer is confidential and not |
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subject to disclosure under Chapter 552, Government Code. |
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(d) A report required under this section may not include |
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personally identifiable student information and must comply 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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(e) A school district that enters into a memorandum of |
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understanding with a local law enforcement agency for the provision |
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of a regular police presence on campus shall designate in the |
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memorandum of understanding which entity will be responsible for |
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collecting the data described by Subsection (a). |
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(f) 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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(g) 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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(h) In this section, "citation" means a ticket issued to a |
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student for a Class C misdemeanor by a school district peace officer |
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or other peace officer acting under a memorandum of understanding |
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described by Subsection (e). |
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SECTION 2. This Act applies beginning with the 2013-2014 |
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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, 2013. |