87S21464 GCB-D
 
  By: Huffman, et al. S.B. No. 9
 
  (Dutton, Anchia)
 
  Substitute the following for S.B. No. 9:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school instruction and materials regarding the
  prevention of child abuse, family violence, and dating violence and
  the adoption of public school policies to prevent dating violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Christine Blubaugh
  Act.
         SECTION 2.  Section 28.004, Education Code, as effective
  September 1, 2021, is amended by amending Subsections (c) and (j)
  and adding Subsections (j-2), (q), (q-1), (q-2), (q-3), (q-4),
  (q-5), and (q-6) to read as follows:
         (c)  The local school health advisory council's duties
  include recommending:
               (1)  the number of hours of instruction to be provided
  in:
                     (A)  health education in kindergarten through
  grade eight; and
                     (B)  if the school district requires health
  education for high school graduation, health education, including
  physical health education and mental health education, in grades 9
  through 12;
               (2)  policies, procedures, strategies, and curriculum
  appropriate for specific grade levels designed to prevent physical
  health concerns, including obesity, cardiovascular disease, Type 2
  diabetes, and mental health concerns, including suicide, through
  coordination of:
                     (A)  health education, which must address
  physical health concerns and mental health concerns to ensure the
  integration of physical health education and mental health
  education;
                     (B)  physical education and physical activity;
                     (C)  nutrition services;
                     (D)  parental involvement;
                     (E)  instruction on substance abuse prevention;
                     (F)  school health services, including mental
  health services;
                     (G)  a comprehensive school counseling program
  under Section 33.005;
                     (H)  a safe and healthy school environment; and
                     (I)  school employee wellness;
               (3)  appropriate grade levels and methods of
  instruction for human sexuality instruction;
               (4)  strategies for integrating the curriculum
  components specified by Subdivision (2) with the following elements
  in a coordinated school health program for the district:
                     (A)  school health services, including physical
  health services and mental health services, if provided at a campus
  by the district or by a third party under a contract with the
  district;
                     (B)  a comprehensive school counseling program
  under Section 33.005;
                     (C)  a safe and healthy school environment; and
                     (D)  school employee wellness;
               (5)  if feasible, joint use agreements or strategies
  for collaboration between the school district and community
  organizations or agencies;
               (6)  strategies to increase parental awareness
  regarding:
                     (A)  risky behaviors and early warning signs of
  suicide risks and behavioral health concerns, including mental
  health disorders and substance use disorders; and
                     (B)  available community programs and services
  that address risky behaviors, suicide risks, and behavioral health
  concerns; [and]
               (7)  appropriate grade levels and curriculum for
  instruction regarding opioid addiction and abuse and methods of
  administering an opioid antagonist, as defined by Section 483.101,
  Health and Safety Code; and
               (8)  appropriate grade levels and curriculum for
  instruction regarding child abuse, family violence, and dating
  violence.
         (j)  A school district shall make all curriculum materials
  used in the district's human sexuality instruction or instruction
  relating to the prevention of child abuse, family violence, and
  dating violence, available by:
               (1)  for curriculum materials in the public domain:
                     (A)  providing a copy of the curriculum materials
  by mail or e-mail to a parent of a student enrolled in the district
  on the parent's request; and
                     (B)  posting the curriculum materials on the
  district's Internet website, if the district has an Internet
  website; and
               (2)  for copyrighted curriculum materials, allowing a
  parent of a student enrolled in the district to:
                     (A)  review the curriculum materials at the
  student's campus at any time during regular business hours;
                     (B)  purchase a copy of the curriculum materials
  from the publisher as provided by the district's purchase agreement
  for the curriculum materials under Subsection (j-1) or (j-2); or
                     (C)  review the curriculum materials online
  through a secure electronic account in a manner that prevents the
  curriculum materials from being copied and that otherwise complies
  with copyright law.
         (j-2)  If a school district purchases from a publisher
  copyrighted curriculum materials for use in the district's
  instruction relating to the prevention of child abuse, family
  violence, and dating violence, the district shall ensure that the
  purchase agreement provides for a means by which a parent of a
  student enrolled in the district may purchase a copy of the
  curriculum materials from the publisher at a price that does not
  exceed the price per unit paid by the district for the curriculum
  materials.
         (q)  Any course materials and instruction relating to the
  prevention of child abuse, family violence, and dating violence
  shall be selected by the board of trustees with the advice of the
  local school health advisory council.
         (q-1)  The board of trustees shall adopt a policy
  establishing a process for the adoption of curriculum materials for
  the school district's instruction relating to the prevention of
  child abuse, family violence, and dating violence. The policy must
  require:
               (1)  the board to adopt a resolution convening the
  local school health advisory council for the purpose of making
  recommendations regarding the curriculum materials;
               (2)  the local school health advisory council to:
                     (A)  after the board's adoption of the resolution
  under Subdivision (1), hold at least two public meetings on the
  curriculum materials before adopting recommendations; and
                     (B)  provide the recommendations adopted under
  Paragraph (A) to the board at a public meeting of the board; and
               (3)  the board, after receipt of the local school
  health advisory council's recommendations under Subdivision (2),
  to take action on the adoption of the recommendations by a record
  vote at a public meeting.
         (q-2)  Curriculum materials proposed to be adopted for the
  school district's instruction relating to the prevention of child
  abuse, family violence, and dating violence must be made available
  as provided by Subsection (j)(1) or (2)(A) or (C), as applicable.
         (q-3)  Before adopting curriculum materials for the school
  district's instruction relating to the prevention of child abuse,
  family violence, and dating violence, the board of trustees shall
  ensure that the curriculum materials are:
               (1)  based on the advice of the local school health
  advisory council;
               (2)  suitable for the subject and grade level for which
  the curriculum materials are intended; and
               (3)  reviewed by academic experts in the subject and
  grade level for which the curriculum materials are intended.
         (q-4)  The board of trustees shall determine the specific
  content of the district's instruction relating to the prevention of
  child abuse, family violence, and dating violence in accordance
  with this section.
         (q-5)  Before each school year, a school district shall
  provide written notice to a parent of each student enrolled in the
  district of the board of trustees' decision regarding whether the
  district will provide instruction relating to the prevention of
  child abuse, family violence, and dating violence to district
  students. If instruction will be provided, the notice must
  include:
               (1)  a statement informing the parent of the
  requirements under state law regarding instruction relating to the
  prevention of child abuse, family violence, and dating violence;
               (2)  a detailed description of the content of the
  district's instruction relating to the prevention of child abuse,
  family violence, and dating violence;
               (3)  a statement of the parent's right to:
                     (A)  at the parent's discretion, review or
  purchase a copy of curriculum materials as provided by Subsection
  (j);
                     (B)  remove the student from any part of the
  district's instruction relating to the prevention of child abuse,
  family violence, and dating violence without subjecting the student
  to any disciplinary action, academic penalty, or other sanction
  imposed by the district or the student's school; and
                     (C)  use the grievance procedure as provided by
  Subsection (i-1) or the appeals process under Section 7.057
  concerning a complaint of a violation of this section;
               (4)  a statement that any curriculum materials in the
  public domain used for the district's instruction regarding the
  prevention of child abuse, family violence, and dating violence
  must be posted on the district's Internet website address at which
  the curriculum materials are located; and
               (5)  information describing the opportunities for
  parental involvement in the development of the curriculum to be
  used in instruction relating to the prevention of child abuse,
  family violence, and dating violence, including information
  regarding the local school health advisory council established
  under Subsection (a). 
         (q-6)  Before a student may be provided with instruction
  relating to the prevention of child abuse, family violence, and
  dating violence, a school district must obtain the written consent
  of the student's parent. A request for written consent under this
  subsection:
               (1)  may not be included with any other notification or
  request for written consent provided to the parent, other than the
  notice provided under Subsection (q-5); and
               (2)  must be provided to the parent not later than the
  14th day before the date on which the instruction relating to the
  prevention of child abuse, family violence, and dating violence
  begins.
         SECTION 3.  The heading to Section 37.0831, Education Code,
  is amended to read as follows:
         Sec. 37.0831.  DATING VIOLENCE POLICIES; EDUCATIONAL
  MATERIALS AND RESOURCES.
         SECTION 4.  Section 37.0831, Education Code, as amended by
  S.B. No. 1267, Acts of the 87th Legislature, Regular Session, 2021,
  is amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  A dating violence policy must:
               (1)  include:
                     (A)  a definition of dating violence that includes
  the intentional use of physical, sexual, verbal, or emotional abuse
  by a person to harm, threaten, intimidate, or control another
  person in a dating relationship, as defined by Section 71.0021,
  Family Code;
                     (B)  a clear statement that dating violence is not
  tolerated at school; and
                     (C)  reporting procedures and guidelines for
  students who are victims of dating violence; and
               (2)  address safety planning, enforcement of
  protective orders, school-based alternatives to protective orders,
  training for teachers and administrators at each district campus
  that instructs students in grade six or higher, counseling for
  affected students, and awareness education for students and
  parents.
         (c)  To the extent possible, a school district shall make
  available to students:
               (1)  age-appropriate educational materials that
  include information on the dangers of dating violence; and
               (2)  resources to students seeking help.
         SECTION 5.  (a) Except as otherwise provided by Subsection
  (b) of this section, Section 28.004, Education Code, as amended by
  this Act, applies beginning with the 2022-2023 school year.
         (b)  Section 28.004(j-2), Education Code, as added by this
  Act, applies only to a purchase agreement entered into, amended, or
  renewed on or after the effective date of this Act.
         SECTION 6.  If this Act receives a vote of two-thirds of all
  the members elected to each house, as provided by Section 39,
  Article III, Texas Constitution, this Act takes effect on the first
  day that occurs after August 31, 2021, and is on or after the
  earliest date on which this Act may take effect. If this Act does
  not receive the vote necessary for effect on that date, this Act
  takes effect on the 91st day after the last day of the legislative
  session.