88R4526 AMF-D

By: Goodwin H.B. No. 2126

A BILL TO BE ENTITLED

AN ACT

relating to information reported through the Public Education Information Management System and to parents regarding disciplinary measures used by a public school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.0011(b), Education Code, is amended to read as follows:

(b) If the board of trustees of an independent school district adopts a policy under Section 37.001(a)(8) or the governing body of an open-enrollment charter school adopts a policy under Section 12.131(a) under which corporal punishment is permitted as a method of student discipline:

(1) not later than the beginning of each school year, the district or school must provide to each student's parent, guardian, or other person having lawful control over the student for whom the district or school has an e-mail address a notice by e-mail that includes:

(A) a statement of that person's right to prohibit the use of corporal punishment against the student;

(B) the district's or school's policy on the use of corporal punishment and the definition of corporal punishment under Subsection (a);

(C) the procedure, in a readily understandable format, for the parent, guardian, or other person having lawful control over the student to prohibit the use of corporal punishment against the student; and

(D) a conspicuous statement that, as provided by Subsection (c), a new written, signed statement must be submitted by a student's parent, guardian, or other person having lawful control over the student to the district or school each school year to prohibit the use of corporal punishment against the student during that school year; and

(2) [,] a district or school educator may use corporal punishment to discipline a student during a school year unless the student's parent or guardian or other person having lawful control over the student has previously provided a written, signed statement prohibiting the use of corporal punishment as a method of student discipline for that school year.

SECTION 2. Subchapter A, Chapter 37, Education Code, is amended by adding Section 37.024 to read as follows:

Sec. 37.024. REQUIRED PEIMS REPORTING OF DISCIPLINARY MEASURES; REPORT. (a) Each school district and open-enrollment charter school shall include in the district's or school's Public Education Information Management System (PEIMS) report the total number, disaggregated by race, ethnicity, gender, status as receiving special education services, and status as being in the conservatorship of the Department of Family and Protective Services, of, as applicable:

(1) incidents of uses of corporal punishment, if the district or school permits the use of corporal punishment;

(2) reports to local law enforcement under Section 37.015 or 37.0151;

(3) suspensions of students by the district or school, disaggregated by the number of students who received:

(A) only one out-of-school suspension during the year;

(B) more than one out-of-school suspension during the year; and

(C) one or more in-school suspensions;

(4) changes in school placement, including placement in a juvenile justice alternative education program or a disciplinary alternative education program;

(5) discretionary and mandatory expulsions, including expulsions arising under a zero-tolerance policy adopted by the district or school;

(6) citations for Class C misdemeanors;

(7) arrests; and

(8) referrals to a truancy court.

(b) The agency shall:

(1) aggregate the data required under Subsection (a) by state, region, district or school, and campus in an annual report that is readily understandable;

(2) make the report publicly available on the agency's Internet website; and

(3) provide the report to each school district and open-enrollment charter school.

(c) Each school district and open-enrollment charter school shall provide annually to each student's parent, guardian, or other person having lawful control over a student enrolled in the district or school for whom the district or school has an e-mail address a notice by e-mail that includes:

(1) a copy of the report under Subsection (b);

(2) a summary that compares the aggregate data collected under Subsection (a) for the district or school campus and for the state, region, and other campuses in the district or the geographic area served by the school; and

(3) the Internet website link to the report under Subsection (b) on the agency's Internet website.

(d) The commissioner shall adopt rules as necessary to implement this section, including rules to ensure compliance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).

SECTION 3. This Act applies beginning with the 2023-2024 school year.

SECTION 4. 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, 2023.