85R7877 KJE-F     By: Giddings H.B. No. 1732       A BILL TO BE ENTITLED   AN ACT   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   students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.0814 to read as follows:          Sec. 37.0814.  REPORT TO AGENCY ON RESTRAINTS, COMPLAINTS,   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 Taser International, 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 person.          (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;                (3)  citations issued to a student; and                (4)  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)  the nature of the offense;                (7)  whether the offense occurred during regular school   hours;                (8)  whether the offense occurred on school property or   off school property while the student was attending a   school-sponsored or school-related activity;                (9)  the type of restraint administered to the student;                (10)  the offense for which a complaint was filed   against the student or for which the student was issued a citation   or was arrested; and                (11)  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   profiling.          (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.          SECTION 2.  Section 12.104(b), Education Code, is amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense; and                (2)  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   28.0211;                      (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   33.081;                      (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, E, F, G, and J, Chapter 39;                      (M)  the requirement under Section 21.006 to   report an educator's misconduct;                      (N)  intensive programs of instruction under   Section 28.0213; [and]                      (O)  the right of a school employee to report a   crime, as provided by Section 37.148; and                      (P)  the reporting of certain information   regarding restraints, complaints, citations, and arrests under   Section 37.0814.          SECTION 3.  This Act applies beginning with the 2017-2018   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, 2017.