Bill

HB 3341

84(R) - 2015
House Juvenile Justice & Family Issues
Read Bill & Check Bill Status
House Juvenile Justice & Family Issues
Police
Public Education

Vote Recommendation

Vote Yes; Amend
  • Neutral
  • Neutral
  • Positive
  • Positive
  • Positive

Author(s)

Gilbert Pena

Co-Author(s)

Harold Dutton Jr.
Bryan Hughes
James White

Bill Caption

Relating to a requirement that school district superintendents report information relating to the use of restraints against students and student arrests and enhancing the penalty prescribed for certain acts of official oppression; creating a criminal offense.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Local districts would incur costs to provide the required notices and to update the student information systems (SIS) or modify the MOU to collect the required student restraint and arrest information to be reported to the TEA. These costs would vary from district to district depending on whether there was an MOU with local law enforcement, whether the SIS was locally developed or vendor provided, and the frequency of the use of restraints or arrests of students.

Bill Analysis

The bill would require the superintendent of the school district to notify a student's parent or guardian, as soon as practicable, after a student was subjected to a restraint or was arrested on school property during a school-sponsored or school-related activity. 

The bill would require the superintendent of a school district to report to the Texas Education Agency (TEA) certain information about the uses of restraints and arrests of students that occurred during the preceding school year. The  report could not include personally identifiable student information and would be required to comply with the Family Educational Rights and Privacy Act (FERPA). The bill would require a school district that entered into a memorandum of understanding (MOU) with local law enforcement for the provision of a regular police presence on campus to designate in the MOU which entity would collect the required information for reporting to TEA. The bill would require TEA to collect the reports and provide the compilation of information to the public.

The agency estimates there would be a minimal cost associated with implementing the provisions of the bill, related to updating the Public Education Information Management System (PEIMS) to allow for the collection of student restraint and arrest information.  

Vote Recommendation Notes

HB 3341 seeks to put a check on the authority of school police officers regarding the use of force.

The bill would require the Superintendent of a school district to notify the student's parent or guardian and the Texas Education Agency if a student is restrained or arrested on school property or at a school activity. A report must be filed at the end of each school year.

While this is an excellent way to keep parents informed, as well as state overseers, the criminal penalty for failing to file the report on time (the last day of school) is too strict. We suggest an amendment removing the criminal penalty and/or extending the deadline into later in the summer break. There is no reason to make missing this deadline punishable as a criminal offense, even if it is only a Class C misdemeanor.

Organizations Supporting

Freedom of Information Foundation of Texas
Texas Association of Goodwills