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A BILL TO BE ENTITLED
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AN ACT
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relating to disproportionate discretionary disciplinary action by |
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school districts against students of a particular race or students |
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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. 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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DISCRETIONARY DISCIPLINARY ACTION. (a) In this section, |
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"discretionary disciplinary action" means any disciplinary action |
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taken by a school district that is allowed but not required under |
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this chapter or the district's student code of conduct. |
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(b) The agency shall evaluate information reported through |
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the Public Education Information Management System (PEIMS) to |
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determine whether a school district appears to be taking |
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discretionary disciplinary action, including suspension, |
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expulsion, placement in a disciplinary alternative education |
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program or juvenile justice alternative education program, or any |
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other disciplinary action reported through PEIMS, against a |
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disproportionate number of students: |
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(1) of a particular race; 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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(c) On determining that a school district is taking |
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discretionary disciplinary action disproportionately, the agency |
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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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which may include the implementation of school-wide positive |
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behavioral interventions and supports or actions or improvements |
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identified through a performance-based monitoring analysis system |
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or a state performance plan, 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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(d) In developing a remediation plan, the district may |
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request technical assistance from the Center for Elimination of |
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Disproportionality and Disparities created under Chapter 107A, |
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Health and Safety Code. If requested by the district, the center |
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shall provide the assistance at no charge to the district. |
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(e) The agency shall monitor implementation of the |
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remediation plan required under Subsection (c)(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 indicates that remediation has |
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been achieved. |
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(f) The requirements of Subsection (b)(2) are met if the |
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agency evaluates the disproportionate discretionary disciplinary |
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action taken by a school district against students with |
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disabilities through information received by the agency from a |
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performance-based monitoring analysis system or a state |
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performance plan. |
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(g) The commissioner may adopt rules necessary to implement |
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this section. |
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SECTION 2. This Act applies beginning with the 2015-2016 |
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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, 2015. |