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AN ACT
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relating to notification requirements concerning offenses |
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committed by students and school district discretion over admission |
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or placement of certain students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.27, Code of Criminal Procedure, is |
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amended by amending Subsections (a), (a-1), (b), and (c) and adding |
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Subsections (k), (l), (m), (n), and (o) to read as follows: |
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(a) A law enforcement agency that arrests any person or |
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refers a child to the office or official designated by the juvenile |
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board who the agency believes is enrolled as a student in a public |
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primary or secondary school, for an offense listed in Subsection |
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(h), shall attempt to ascertain whether the person is so enrolled. |
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If the law enforcement agency ascertains that the individual is |
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enrolled as a student in a public primary or secondary school, the |
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head of the agency or a person designated by the head of the agency |
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shall orally notify the superintendent or a person designated by |
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the superintendent in the school district in which the student is |
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enrolled of that arrest or referral within 24 hours after the arrest |
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or referral is made, or before [on] the next school day, whichever |
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is earlier. If the law enforcement agency cannot ascertain whether |
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the individual is enrolled as a student, the head of the agency or a |
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person designated by the head of the agency shall orally notify the |
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superintendent or a person designated by the superintendent in the |
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school district in which the student is believed to be enrolled of |
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that arrest or detention within 24 hours after the arrest or |
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detention, or before [on] the next school day, whichever is |
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earlier. If the individual is a student, the superintendent or the |
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superintendent's designee shall immediately [promptly] notify all |
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instructional and support personnel who have responsibility for |
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supervision of the student. All personnel shall keep the |
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information received in this subsection confidential. The State |
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Board for Educator Certification may revoke or suspend the |
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certification of personnel who intentionally violate this |
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subsection. Within seven days after the date the oral notice is |
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given, the head of the law enforcement agency or the person |
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designated by the head of the agency shall mail written |
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notification, marked "PERSONAL and CONFIDENTIAL" on the mailing |
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envelope, to the superintendent or the person designated by the |
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superintendent. The written notification must include the facts |
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contained in the oral notification, the name of the person who was |
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orally notified, and the date and time of the oral notification. |
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Both the oral and written notice shall contain sufficient details |
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of the arrest or referral and the acts allegedly committed by the |
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student to enable the superintendent or the superintendent's |
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designee to determine whether there is a reasonable belief that the |
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student has engaged in conduct defined as a felony offense by the |
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Penal Code. The information contained in the notice shall [may] be |
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considered by the superintendent or the superintendent's designee |
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in making such a determination. |
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(a-1) The superintendent or a person designated by the |
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superintendent in the school district shall [may] send to a school |
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district employee having direct supervisory responsibility over |
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the student the information contained in the confidential notice |
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under Subsection (a) [if the superintendent or the person
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designated by the superintendent determines that the employee needs
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the information for educational purposes or for the protection of
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the person informed or others]. |
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(b) On conviction, deferred prosecution, or deferred |
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adjudication or an adjudication of delinquent conduct of an |
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individual enrolled as a student in a public primary or secondary |
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school, for an offense or for any conduct listed in Subsection (h) |
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of this article, the office of the prosecuting attorney acting in |
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the case shall orally notify the superintendent or a person |
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designated by the superintendent in the school district in which |
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the student is enrolled of the conviction or adjudication and |
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whether the student is required to register as a sex offender under |
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Chapter 62. Oral notification must be given within 24 hours of the |
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time of the order or before [on] the next school day, whichever is |
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earlier. The superintendent shall, within 24 hours of receiving |
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notification from the office of the prosecuting attorney, or before |
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the next school day, whichever is earlier, notify all instructional |
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and support personnel who have regular contact with the student. |
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Within seven days after the date the oral notice is given, the |
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office of the prosecuting attorney shall mail written notice, which |
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must contain a statement of the offense of which the individual is |
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convicted or on which the adjudication, deferred adjudication, or |
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deferred prosecution is grounded and a statement of whether the |
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student is required to register as a sex offender under Chapter 62. |
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(c) A parole, probation, or community supervision office, |
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including a community supervision and corrections department, a |
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juvenile probation department, the paroles division of the Texas |
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Department of Criminal Justice, and the Texas Youth Commission, |
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having jurisdiction over a student described by Subsection (a), |
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(b), or (e) who transfers from a school or is subsequently removed |
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from a school and later returned to a school or school district |
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other than the one the student was enrolled in when the arrest, |
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referral to a juvenile court, conviction, or adjudication occurred |
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shall within 24 hours of learning of the student's transfer or |
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reenrollment, or before the next school day, whichever is earlier, |
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notify the superintendent or a person designated by the |
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superintendent of the school district to which the student |
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transfers or is returned or, in the case of a private school, the |
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principal or a school employee designated by the principal of the |
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school to which the student transfers or is returned of the arrest |
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or referral in a manner similar to that provided for by Subsection |
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(a) or (e)(1), or of the conviction or delinquent adjudication in a |
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manner similar to that provided for by Subsection (b) or (e)(2). |
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The superintendent of the school district to which the student |
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transfers or is returned or, in the case of a private school, the |
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principal of the school to which the student transfers or is |
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returned shall, within 24 hours of receiving notification under |
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this subsection or before the next school day, whichever is |
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earlier, notify all instructional and support personnel who have |
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regular contact with the student. |
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(k) Oral or written notice required under this article must |
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include all pertinent details of the offense or conduct, including |
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details of any: |
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(1) assaultive behavior or other violence; |
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(2) weapons used in the commission of the offense or |
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conduct; or |
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(3) weapons possessed during the commission of the |
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offense or conduct. |
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(l) If a school district board of trustees learns of a |
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failure by the superintendent of the district or a district |
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principal to provide a notice required under Subsection (a), (a-1), |
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or (b), the board of trustees shall report the failure to the State |
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Board for Educator Certification. If the governing body of a |
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private primary or secondary school learns of a failure by the |
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principal of the school to provide a notice required under |
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Subsection (e), and the principal holds a certificate issued under |
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Subchapter B, Chapter 21, Education Code, the governing body shall |
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report the failure to the State Board for Educator Certification. |
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(m) If the superintendent of a school district in which the |
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student is enrolled learns of a failure of the head of a law |
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enforcement agency or a person designated by the head of the agency |
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to provide a notification under Subsection (a), the superintendent |
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or principal shall report the failure to notify to the Commission on |
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Law Enforcement Officer Standards and Education. |
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(n) If a juvenile court judge or official designated by the |
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juvenile board learns of a failure by the office of the prosecuting |
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attorney to provide a notification required under Subsection (b) or |
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(g), the official shall report the failure to notify to the elected |
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prosecuting attorney responsible for the operation of the office. |
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(o) If the supervisor of a parole, probation, or community |
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supervision department officer learns of a failure by the officer |
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to provide a notification under Subsection (c), the supervisor |
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shall report the failure to notify to the director of the entity |
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that employs the officer. |
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SECTION 2. Article 15.27(e)(3), Code of Criminal Procedure, |
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is amended to read as follows: |
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(3) The principal of a private school in which the |
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student is enrolled or a school employee designated by the |
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principal shall [may] send to a school employee having direct |
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supervisory responsibility over the student the information |
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contained in the confidential notice, for the same purposes as |
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described by Subsection (a-1) [(d)] of this article. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed or conduct that occurs on or after the |
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effective date of this Act. An offense committed or conduct that |
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occurs before the effective date of this Act is governed by the law |
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in effect when the offense was committed or the conduct occurred, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense is committed or conduct occurs |
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before the effective date of this Act if any element of the offense |
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or conduct occurs before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1907 was passed by the House on April |
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20, 2011, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1907 on May 25, 2011, by the following vote: Yeas 143, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1907 was passed by the Senate, with |
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amendments, on May 24, 2011, by the following vote: Yeas 31, Nays |
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0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |