86R4888 EAS-D
 
  By: Cortez H.B. No. 1825
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to information a law enforcement agency is required to
  share with a school district about a person who may be a student.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 15.27, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (k-1) to
  read as follows:
         (a)  A law enforcement agency that arrests any person or
  refers a child to the office or official designated by the juvenile
  board who the agency believes is enrolled as a student in a public
  primary or secondary school, for an offense listed in Subsection
  (h), shall attempt to ascertain whether the person is so enrolled.
  If the law enforcement agency ascertains that the individual is
  enrolled as a student in a public primary or secondary school, the
  head of the agency or a person designated by the head of the agency
  shall orally notify the superintendent or a person designated by
  the superintendent in the school district in which the student is
  enrolled of that arrest or referral within 24 hours after the arrest
  or referral is made, or before the next school day, whichever is
  earlier. If the law enforcement agency cannot ascertain whether
  the individual is enrolled as a student, the head of the agency or a
  person designated by the head of the agency shall orally notify the
  superintendent or a person designated by the superintendent in the
  school district in which the student is believed to be enrolled of
  that arrest or detention within 24 hours after the arrest or
  detention, or before the next school day, whichever is earlier. If
  the individual is a student, the superintendent or the
  superintendent's designee shall immediately notify all
  instructional and support personnel who have responsibility for
  supervision of the student. All personnel shall keep the
  information received in this subsection confidential. The State
  Board for Educator Certification may revoke or suspend the
  certification of personnel who intentionally violate this
  subsection. Within seven days after the date the oral notice is
  given, the head of the law enforcement agency or the person
  designated by the head of the agency shall mail written
  notification, marked "PERSONAL and CONFIDENTIAL" on the mailing
  envelope, to the superintendent or the person designated by the
  superintendent. The written notification must include the facts
  contained in the oral notification, the name of the person who was
  orally notified, and the date and time of the oral notification.
  Both the oral and written notice shall contain sufficient details
  of the arrest or referral and the acts allegedly committed by the
  student to enable the superintendent or the superintendent's
  designee to determine whether there is a reasonable belief that the
  student has engaged in conduct defined as a felony offense by the
  Penal Code or whether it is necessary to conduct a threat assessment
  or prepare a safety plan related to the student. The information
  contained in the notice shall be considered by the superintendent
  or the superintendent's designee in making such a determination.
         (k-1)  In addition to the information provided under
  Subsection (k), the law enforcement agency shall provide to the
  superintendent or superintendent's designee information relating
  to the student that is requested for the purpose of conducting a
  threat assessment or preparing a safety plan relating to that
  student. A school board may enter into a memorandum of
  understanding with a law enforcement agency regarding the exchange
  of information relevant to conducting a threat assessment or
  preparing a safety plan. Absent a memorandum of understanding, the
  information requested by the superintendent or the
  superintendent's designee shall be considered relevant.
         SECTION 2.  Section 37.006(e), Education Code, is amended to
  read as follows:
         (e)  In determining whether there is a reasonable belief that
  a student has engaged in conduct defined as a felony offense by the
  Penal Code, the superintendent or the superintendent's designee may
  consider all available information, including the information
  furnished under Article 15.27, Code of Criminal Procedure, other
  than information requested under Article 15.27(k-1), Code of
  Criminal Procedure.
         SECTION 3.  Section 58.008(d), Family Code, is amended to
  read as follows:
         (d)  Law enforcement records concerning a child may be
  inspected or copied by:
               (1)  a juvenile justice agency, as defined by Section
  58.101;
               (2)  a criminal justice agency, as defined by Section
  411.082, Government Code;
               (3)  the child; [or]
               (4)  the child's parent or guardian; or
               (5)  the superintendent or superintendent's designee of
  a public primary or secondary school where the child is enrolled
  only for the purpose of conducting a threat assessment or preparing
  a safety plan related to the child.
         SECTION 4.  Article 15.27(a), Code of Criminal Procedure, as
  amended by this Act, and Article 15.27(k-1), Code of Criminal
  Procedure, as added by this Act, apply only to information related
  to an arrest or referral made on or after the effective date of this
  Act.
         SECTION 5.  This Act takes effect September 1, 2019.