87R3687 KJE-F
  By: West S.B. No. 936
  relating to requiring a school district or open-enrollment charter
  school to report data regarding restraints administered to,
  complaints filed against, citations issued to, and arrests made of
         SECTION 1.  Subchapter C, Chapter 37, Education Code, is
  amended by adding Section 37.086 to read as follows:
  CITATIONS, AND ARRESTS.  (a)  In this section:
               (1)  "Citation" means a ticket issued to a student for a
  Class C misdemeanor by a school district peace officer or other
  peace officer acting under a memorandum of understanding described
  by Subsection (g).
               (2)  "OC spray" means any aerosol-propelled
  debilitation device that is composed of a lachrymatory chemical
  compound that irritates the eyes to cause tears, pain, or temporary
  blindness. The term includes pepper spray, capsicum spray, OC gas,
  and oleoresin capsicum.
               (3)  "Restraint" means the use of physical force or a
  mechanical device to significantly restrict the free movement of
  all or a portion of a student's body. The term includes the use of:
                     (A)  a baton or a similar club;
                     (B)  OC spray; and
                     (C)  a TASER.
               (4)  "TASER" means a device manufactured, sold, or
  distributed by Axon Enterprise, Incorporated, that is intended,
  designed, made, or adapted to incapacitate a person by inflicting
  an electrical charge through the emission of a projectile or
  conductive stream. The term, for purposes of this section, includes
  a similar device manufactured, sold, or distributed by another
         (b)  Not later than the 60th day after the last day of classes
  for the academic year, the superintendent of a school district
  shall electronically submit to the agency a report that contains
  incident-based data describing the total number of the following
  incidents occurring during the preceding academic year, organized
  by campus:
               (1)  restraints administered to a student;
               (2)  complaints filed against a student under Section
  37.145; and
               (3)  the following incidents occurring on school
  property that result from a district employee's request for
  intervention by a law enforcement agency, district peace officer,
  or school resource officer:
                     (A)  citations issued to a student; and
                     (B)  arrests made of a student.
         (c)  The incident-based data submitted under this section
  must include, as applicable, information identifying:
               (1)  the age of the student;
               (2)  the gender of the student;
               (3)  the race or ethnicity of the student;
               (4)  whether the student is eligible for special
  education services under Section 29.003;
               (5)  whether the student is a student of limited
  English proficiency, as defined by Section 29.052;
               (6)  whether the student is in the conservatorship of
  the Department of Family and Protective Services;
               (7)  whether the student is homeless, as defined by 42
  U.S.C. Section 11302;
               (8)  the nature of the offense;
               (9)  whether the offense occurred during regular school
               (10)  whether the offense occurred on school property
  or off school property while the student was attending a
  school-sponsored or school-related activity;
               (11)  the type of restraint administered to the
               (12)  the offense for which a complaint was filed
  against the student or for which the student was issued a citation
  or was arrested; and
               (13)  the campus at which the student was enrolled at
  the time of the incident.
         (d)  The data collected for a report required under this
  section does not constitute prima facie evidence of racial
         (e)  A report required under this section may not include
  information that identifies the peace officer who issued a
  citation.  The identity of the peace officer is confidential and not
  subject to disclosure under Chapter 552, Government Code.
         (f)  A report required under this section may not include
  personally identifiable student information and must comply with
  the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
  Section 1232g).
         (g)  A school district that enters into a memorandum of
  understanding with a local law enforcement agency for the provision
  of a regular police presence on campus shall designate in the
  memorandum of understanding which entity will be responsible for
  collecting the data described by Subsection (b).
         (h)  The agency shall collect the reports required under this
  section, compile the data, and make the data available to the
  public.  The data must be disaggregated by school district to the
  extent possible while protecting the confidentiality of student
  information in accordance with Subsection (f).
         (i)  The commissioner shall adopt rules as necessary to
  implement this section, including rules requiring the reporting of
  incident-based data using existing Public Education Information
  Management System (PEIMS) codes for the reporting of incidents
  described by Subsection (b).
         SECTION 2.  Section 12.104(b), Education Code, as amended by
  Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
  (H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
  reenacted and amended to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
               (2)  the provisions in Chapter 554, Government Code;
               (3)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  accelerated instruction under Section
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29;
                     (I)  extracurricular activities under Section
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  public school accountability under
  Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
                     (M)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (N)  intensive programs of instruction under
  Section 28.0213;
                     (O)  the right of a school employee to report a
  crime, as provided by Section 37.148;
                     (P)  bullying prevention policies and procedures
  under Section 37.0832;
                     (Q)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
                     (R)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
                     (S)  a parent's right to information regarding the
  provision of assistance for learning difficulties to the parent's
  child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
                     (T)  establishment of residency under Section
                     (U) [(T)]  school safety requirements under
  Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
  37.207, and 37.2071;
                     (V) [(T)]  the early childhood literacy and
  mathematics proficiency plans under Section 11.185; [and]
                     (W) [(U)]  the college, career, and military
  readiness plans under Section 11.186; and
                     (X)  the reporting of certain information
  regarding restraints, complaints, citations, and arrests under
  Section 37.086.
         SECTION 3.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 4.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.