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A BILL TO BE ENTITLED
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AN ACT
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relating to school district and open-enrollment charter school |
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reporting of certain releases of a student to the student's parent |
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after school-initiated communication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 25, Education Code, is |
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amended by adding Section 25.0875 to read as follows: |
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Sec. 25.0875. REPORTING OF RELEASE OF STUDENT TO PARENT |
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AFTER SCHOOL-INITIATED COMMUNICATION. (a) In this section, |
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"parent" includes a person standing in parental relation. |
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(b) A school district or open-enrollment charter school |
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that releases a student to the student's parent before the end of |
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the instructional day and after the parent receives a |
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school-initiated communication shall provide to the agency a report |
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about the communication and the student's release not later than |
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the third instructional day after the date the communication and |
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release occur if the district or school releases the student: |
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(1) as a disciplinary management technique; or |
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(2) as a reaction to the student's behavior that |
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impedes the student's ability to learn but does not: |
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(A) violate the student code of conduct under |
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Section 37.001; or |
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(B) require disciplinary action. |
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(c) A report required under Subsection (b) must include: |
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(1) the name of the student; |
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(2) the race, ethnicity, sex, and socioeconomic status |
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of the student; |
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(3) a statement of whether the student receives |
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special education services under Subchapter A, Chapter 29; |
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(4) a statement of whether the student is identified |
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as a student of limited English proficiency, as defined by Section |
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29.052; |
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(5) a statement of whether the student's release was an |
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excused absence under Section 25.087; |
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(6) a statement of the approximate amount of the |
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instructional day remaining after the student's release; |
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(7) the date of the school-initiated communication and |
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the release of the student; |
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(8) the reason for the school-initiated communication |
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and the release of the student; |
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(9) the approximate time of the communication; |
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(10) the approximate time of the student's release; |
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and |
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(11) a summary of the communication. |
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(d) A school district or open-enrollment charter school |
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shall retain a copy of each report provided under Subsection (b). |
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(e) In addition to the individual reporting requirement |
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under this section, the commissioner by rule shall: |
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(1) require each school district and open-enrollment |
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charter school annually to report through the Public Education |
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Information Management System the information described under |
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Subsections (c)(2) through (10); and |
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(2) ensure the reporting required by this section |
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complies with federal law regarding confidentiality of student |
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medical or educational information, including the Health Insurance |
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Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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et seq.) and the Family Educational Rights and Privacy Act of 1974 |
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(20 U.S.C. Section 1232g), and any state law relating to the privacy |
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of student information. |
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(f) The agency shall make the following information |
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collected under Subsection (e) available to the public, |
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disaggregated by: |
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(1) race; |
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(2) ethnicity; |
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(3) sex; |
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(4) socioeconomic status of the student; |
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(5) whether the student is in a special education |
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program under Subchapter A, Chapter 29; and |
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(6) whether the student is identified as a student of |
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limited English proficiency, as defined by Section 29.052. |
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(g) The agency shall provide the information under |
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Subsection (f) in a manner that does not identify an individual |
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student. The agency shall also make the information available to |
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the public in a manner showing all intersectional data for the |
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categories described by Subsection (f). |
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SECTION 2. Chapter 26, Education Code, is amended by adding |
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Section 26.0045 to read as follows: |
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Sec. 26.0045. ACCESS TO REPORT OF RELEASE OF STUDENT. A |
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parent is entitled to access to a copy of each report provided to |
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the agency under Section 25.0875 with respect to the parent's |
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child. |
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SECTION 3. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 4. 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, 2019. |