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Subject: Reporting Under TEC §39.053

Nothing is more important than the safety of our students and educators. In order to fully understand the safety challenges that our schools face, Senate Bill 1724, 76th Regular Session, amended TEC §39.053 to require all districts publish certain information in the district’s Annual Performance Report. This letter is intended to clarify district obligations to fully comply with TEC §39.053.

TEC §39.053 requires each district’s board of trustees to publish an annual report that includes the AEIS report; campus performance objectives; a report of violent or criminal incidents; and information received under TEC §51.403 (e) from the Texas Higher Education Coordinating Board. The board of trustees shall hold a hearing for public discussion of the report, and they shall widely disseminate the report within the district. These requirements are described in the Guidelines for the Academic Excellence Indicator System 2002-03 Report published electronically in September 2003 along with the 2002-03 AEIS reports. Specifically, the Guidelines provide the following instructions regarding the report of violent or criminal incidents:

Report on Violent or Criminal Incidents. Texas statute requires every district report on violent or criminal incidents at their schools in the published annual report. This report is intended to be available for use and review by the public in the district; a copy does not need to be sent to the Texas Education Agency. It is the local district’s responsibility to determine the format of this report and publish it. The content of the report should reflect the requirements in statute.

TEC §39.053, Performance Report reads:

(a) The annual report must … include:

(4) a statement of the number, rate, and type of violent or criminal incidents that occurred on each district campus, to the extent permitted under the Family Education Rights and Privacy Act of 1974 (20 U.S.C.S Section 1232g);

(5) information concerning school violence prevention and violence intervention policies and procedures that the district is using to protect students;

(6) the findings that result from evaluations conducted under the Safe and Drug-Free Schools and Communities Act of 1994 (20 U.S.C.S. Section 710 et seq.) and its subsequent amendments; …

Agency policy for compliance with Family Education Rights and Privacy Act of 1974 (20 U.S.C.S Section 1232g) requires the use of an asterisk or other nonnumeric symbol for reporting categories of students with less than five members.

For clarification on information related to the Safe and Drug-Free Schools and Communities Act, contact Barbara DeHart, Program Administrator for SDFSCA, at 512-463-9374. If you have questions about violent or criminal incident information reporting requirements or the PEIMS 425 Record, contact Billy Jacobs, Senior Director of Safe Schools at 512-463-9982.


Shirley J. Neeley, Ed. D.
Commissioner of Education

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