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A BILL TO BE ENTITLED
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relating to a notification requirement if a public school does not |
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have a nurse, school counselor, or librarian assigned to the school |
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during all instructional hours. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 25, Education Code, is |
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amended by adding Section 25.096 to read as follows: |
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Sec. 25.096. PARENTAL NOTIFICATION CONCERNING NURSES, |
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SCHOOL COUNSELORS, AND LIBRARIANS. (a) In this section: |
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(1) "Librarian" means a person certified as a |
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librarian under Subchapter B, Chapter 21. |
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(2) "Nurse" means a person licensed under Chapter 301, |
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Occupations Code. |
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(3) "School counselor" means a person certified as a |
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school counselor under Subchapter B, Chapter 21. |
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(b) Except as otherwise provided by Subsection (i), a public |
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school, including an open-enrollment charter school, that does not |
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have a full-time nurse, school counselor, or librarian or the |
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equivalent of a full-time nurse, school counselor, or librarian |
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assigned to be present at the school for more than 30 consecutive |
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instructional days during the same school year shall provide |
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written notice of the absence to the parent of or other person |
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standing in parental relation to each student enrolled in the |
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school. |
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(c) A school has the equivalent of a full-time nurse under |
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Subsection (b) if the school has two or more nurses assigned to the |
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school and all regular student instructional hours at the campus |
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during the regular school day are covered by the assignment of at |
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least one nurse. |
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(d) A school has the equivalent of a full-time school |
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counselor under Subsection (b) if the school has two or more school |
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counselors assigned to the school and all regular student |
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instructional hours at the campus during the regular school day are |
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covered by the assignment of at least one school counselor. |
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(e) A school has the equivalent of a full-time librarian |
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under Subsection (b) if the school has two or more librarians |
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assigned to the school and all regular student instructional hours |
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at the campus during the regular school day are covered by the |
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assignment of at least one librarian. |
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(f) The principal of the school shall provide the notice |
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required by Subsection (b) not later than the 30th instructional |
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day after the first day the school does not have a full-time nurse, |
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school counselor, or librarian assigned to be present at the |
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school. |
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(g) The school shall: |
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(1) make a good faith effort to ensure that the notice |
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required by this section is provided in a bilingual form to any |
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parent or other person standing in parental relation whose primary |
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language is not English; and |
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(2) retain a copy of any notice provided under this |
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section. |
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(h) A school may satisfy the notice requirement under |
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Subsection (f) by posting the notice on the school's Internet |
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website. Notice posted under this subsection must be accessible |
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from the home page of the Internet website by use of not more than |
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three links. |
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(i) This section does not apply to a school district or |
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open-enrollment charter school with a student enrollment of less |
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than 10,000 students. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |