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A BILL TO BE ENTITLED
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AN ACT
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relating to the submission by law enforcement agencies to certain |
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public school personnel of a handle with care notice concerning a |
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traumatic event experienced by a public school student and to |
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certain required training regarding those notices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. It is the intent of the legislature that handle |
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with care notices submitted and received under Article 2.36, Code |
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of Criminal Procedure, as added by this Act, lead to greater |
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understanding of and noninterventional care for students in public |
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schools in this state who have experienced a traumatic event, but do |
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not result in active interference with or the singling out of the |
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student. |
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SECTION 2. Chapter 2, Code of Criminal Procedure, is |
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amended by adding Article 2.36 to read as follows: |
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Art. 2.36. HANDLE WITH CARE NOTICE REGARDING CERTAIN PUBLIC |
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SCHOOL STUDENTS. (a) This article applies in any situation in |
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which a law enforcement agency determines that a public school |
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student witnessed or otherwise experienced a traumatic event. For |
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purposes of this article, a "traumatic event" includes the |
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following events: |
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(1) the arrest of an individual who resides with a |
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student; |
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(2) the execution of a search warrant at a student's |
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residence; |
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(3) an overdose of alcohol or of a controlled |
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substance by an individual who resides with a student; |
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(4) suicide or attempted suicide committed by an |
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individual who resides with a student; |
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(5) an incident involving family violence, as defined |
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by Section 71.004, Family Code; |
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(6) an incident of assault or sexual assault; |
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(7) a severe motor vehicle accident that causes bodily |
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injury or death; |
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(8) a mass shooting; |
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(9) a student's forced displacement from the student's |
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residence; |
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(10) the death of an individual who resides with the |
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student or another incident that could be expected to cause the |
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student to be affected by grief; |
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(11) a fire that causes severe property damage or |
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bodily injury or death; or |
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(12) any other event that a peace officer responding |
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to or taking a report regarding the event has reason to believe will |
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negatively impact a student's ability to succeed in school. |
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(b) A law enforcement agency that determines, in the course |
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of providing law enforcement services, that an individual who is |
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enrolled as a student in a public primary or secondary school has |
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experienced a traumatic event may submit a handle with care notice |
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to the superintendent or other designated school employee at the |
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school at which the student is enrolled. |
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(c) A handle with care notice must include, if known: |
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(1) the student's name, age, and grade level; and |
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(2) the school at which the student is enrolled. |
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(d) A law enforcement agency shall submit handle with care |
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notices using an electronic system that automatically sends a copy |
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of the notice to the regional education service center serving the |
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school at which the student who is the subject of the notice is |
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enrolled. |
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(e) A superintendent or other designated school employee |
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who receives a handle with care notice shall immediately provide a |
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copy of the handle with care notice to all instructional and support |
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personnel who have responsibility for supervision of the student |
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who is the subject of the notice. |
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(f) Information contained in a handle with care notice |
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authorized under this article is confidential and exempt from |
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disclosure except as provided by this article or other applicable |
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state and federal law. Except as provided by Subsection (e), all |
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school personnel who receive a copy of the handle with care notice |
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shall keep that information confidential. |
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(g) A law enforcement agency must ensure that law |
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enforcement officers and other agency employees receive |
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appropriate training regarding a handle with care notice, including |
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by requiring appropriate agency personnel to attend the training |
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established and maintained under Section 1701.2635, Occupations |
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Code. |
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SECTION 3. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.035 to read as follows: |
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Sec. 38.035. HANDLE WITH CARE NOTICE TRAINING COURSE. (a) |
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The agency shall establish and maintain a one-hour training course |
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regarding handle with care notices for school district or |
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open-enrollment charter school employees who have responsibility |
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for the supervision of students. |
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(b) The training course must provide information on the |
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implementation of procedures relating to handle with care notices |
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authorized under Article 2.36, Code of Criminal Procedure, |
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including appropriate methods of monitoring and responding to a |
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student who is the subject of a handle with care notice. |
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(c) Each school district and open-enrollment charter school |
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shall ensure that appropriate personnel complete the training |
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course established under this section. |
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(d) The State Board for Educator Certification shall |
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propose rules allowing an educator to receive credit toward the |
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educator's continuing education requirements for completion of a |
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course established under this section. |
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SECTION 4. Subchapter F, Chapter 1701, Occupations Code, is |
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amended by adding Section 1701.2635 to read as follows: |
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Sec. 1701.2635. HANDLE WITH CARE NOTICE TRAINING PROGRAM. |
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The commission shall establish and maintain a one-time training |
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program for peace officers and other employees of law enforcement |
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agencies that provides information on the implementation of |
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procedures relating to handle with care notices authorized under |
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Article 2.36, Code of Criminal Procedure. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act: |
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(1) the Texas Education Agency shall develop the |
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handle with care notice training course as required by Section |
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38.035, Education Code, as added by this Act; |
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(2) the State Board for Educator Certification shall |
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propose rules allowing an educator to receive credit toward the |
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educator's continuing education requirements for completion of the |
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handle with care notice training course as required by Section |
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38.035, Education Code, as added by this Act; and |
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(3) the Texas Commission on Law Enforcement shall |
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establish the handle with care notice training program as required |
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by Section 1701.2635, Occupations Code, as added by this Act. |
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SECTION 6. This Act takes effect September 1, 2023. |