88R14346 TSS-F     By: Dutton H.B. No. 4409       A BILL TO BE ENTITLED   AN ACT   relating to an annual student discipline review by the commissioner   of education and student discipline plans submitted by public   schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.104(b), Education Code, as amended by   Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.   2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular   Session, 2021, 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   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (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   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, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (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)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  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;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  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);                      (U)  establishment of residency under Section   25.001;                      (V)  school safety requirements under Sections   37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,   37.207, and 37.2071;                      (W)  the early childhood literacy and mathematics   proficiency plans under Section 11.185;                      (X)  the college, career, and military readiness   plans under Section 11.186; [and]                      (Y) [(X)]  parental options to retain a student   under Section 28.02124;                      (Z)  the reports relating to out-of-school   suspensions, expulsions, and disciplinary alternative education   program placements under Section 37.020; and                      (AA) the commissioner review of student   discipline and student discipline plan requirements under Section   37.0201.          SECTION 2.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.0201 to read as follows:          Sec. 37.0201.  COMMISSIONER REVIEW OF STUDENT DISCIPLINE;   STUDENT DISCIPLINE PLAN. (a)  The commissioner shall annually   publish on the agency's Internet website a review of student   discipline in all school districts in this state.  The review under   this section shall:                (1)  include an analysis of the data reported to the   agency under Section 37.020 for each district and a list of   districts in the top 20 percent of districts statewide for each of   the following metrics:                      (A)  the total number of students placed in a   disciplinary alternative education program established under   Section 37.008 divided by the district's total enrollment;                      (B)  the total number of students expelled under   Section 37.007 divided by the district's total enrollment; and                      (C)  the total number of students placed in   out-of-school suspensions under Section 37.005 divided by the   district's total enrollment;                (2)  disaggregate the data analyzed under Subdivision   (1) by:                      (A)  the grade level, race, ethnicity, gender,   age, and status as having limited English proficiency of the   student disciplined;                      (B)  the type of incident for which the student   was disciplined; and                      (C)  the length of time for which the student was   disciplined; and                (3)  report whether the data disaggregated under   Subdivision (2) indicates racial disproportionality in the use of   placement in a disciplinary alternative education program,   out-of-school suspension, or expulsion, as determined using the   method established by the United States Department of Education   Office for Civil Rights for determining racial disproportionality.          (a-1)  For purposes of determining a school district's total   enrollment under Subsection (a), the commissioner shall use the   number of students enrolled in the district on the last school day   in September in the school year for which the data was collected.          (b)  The list of districts for a metric under Subsection   (a)(1) may not include a school district that issued fewer than a   total of 10 out-of-school suspensions, expulsions, or disciplinary   alternative education program placements, as applicable, during a   school year to which the data applies.          (c)  The analysis included in the review under Subsection   (a)(1) must be based on data collected over three consecutive   school years, beginning with the 2023-2024 school year.          (d)  Except as provided by Subsection (e), beginning with the   2026-2027 school year, the commissioner shall require each school   district that has been included on the list of districts in the top   20 percent for a metric under Subsection (a)(1) for three   consecutive school years to submit a student discipline plan   developed by the district's board of trustees.  The plan must   identify strategies the district will implement to reduce the use   of disciplinary alternative education programs, expulsion, or   suspension, as applicable.          (e)  A school district must submit a student discipline plan   under Subsection (d) annually until the district has not been   included on the list of districts under Subsection (a)(1) for three   consecutive school years.          (f)  A plan submitted under Subsection (d) must be approved   at a public meeting of the school district board of trustees and,   once approved, be posted on the school district's Internet website.   Not later than one year after the date a plan is approved by the   board under this subsection, the board shall prepare a report on the   district's progress toward implementing the plan, submit the report   to the commissioner, and post the report on the district's Internet   website.          (g)  The commissioner by rule may require a plan submitted   under Subsection (d) to be combined with any other plan or report   required to be submitted to the commissioner under state or federal   law.          (h)  The commissioner shall adopt rules as necessary to   implement this section.          SECTION 3.  To the extent of any conflict, this Act prevails   over another Act of the 88th Legislature, Regular Session, 2023,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 4.  This Act takes effect September 1, 2023.