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A BILL TO BE ENTITLED
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AN ACT
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relating to school district policies on dating violence, sexual |
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assault, stalking, sexual abuse, and sexual harassment; providing |
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an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.0812, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A school district peace officer or school resource |
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officer shall complete the school district's comprehensive |
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training program on dating violence, sexual assault, stalking, |
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sexual abuse, and sexual harassment as required by Section 37.0831. |
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SECTION 2. Section 37.0831, Education Code, is amended to |
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read as follows: |
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Sec. 37.0831. DATING VIOLENCE, SEXUAL ASSAULT, STALKING, |
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SEXUAL ABUSE, AND SEXUAL HARASSMENT POLICIES; EDUCATIONAL |
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MATERIALS AND RESOURCES. (a) Each school district shall adopt and |
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implement a [dating violence] policy on dating violence, sexual |
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assault, stalking, sexual abuse, and sexual harassment to be |
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included in the district improvement plan under Section 11.252. |
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(b) The [A dating violence] policy must: |
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(1) include: |
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(A) definitions of "dating violence," "sexual |
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assault," and "stalking" that have the meanings assigned by the |
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Jeanne Clery Disclosure of Campus Security Policy and Campus Crime |
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Statistics Act (20 U.S.C. Section 1092(f)(6)(A)) [a definition of |
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dating violence that includes the intentional use of physical, |
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sexual, verbal, or emotional abuse by a person to harm, threaten, |
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intimidate, or control another person in a dating relationship, as |
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defined by Section 71.0021, Family Code]; |
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(B) a definition of "sexual harassment" that |
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means unwelcome, sex-based verbal or physical conduct that: |
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(i) in the employment context, unreasonably |
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interferes with a person's work performance or creates an |
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intimidating, hostile, or offensive work environment; or |
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(ii) in the education context, is |
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sufficiently severe, persistent, or pervasive that the conduct |
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interferes with a student's ability to participate in or benefit |
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from education programs or activities at a secondary school; |
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(C) a clear statement that dating violence, |
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sexual assault, stalking, sexual abuse, and sexual harassment are |
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[is] not tolerated at school; [and] |
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(D) [(C) reporting] procedures, protocols, and |
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guidelines for reporting and responding to incidents [students who |
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are victims] of dating violence, sexual assault, stalking, sexual |
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abuse, and sexual harassment, including a procedure for immediately |
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notifying the parent or guardian of a student about a report |
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received by the district identifying the student as an alleged |
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victim or perpetrator of dating violence, sexual assault, stalking, |
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sexual abuse, or sexual harassment; [and] |
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(E) a comprehensive training program in |
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accordance with Subsection (d) or (e); and |
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(F) interim measures to protect victims of dating |
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violence, sexual assault, stalking, sexual abuse, and sexual |
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harassment during the pendency of the school's disciplinary |
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process, including protection from retaliation, and any other |
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accommodations available to those victims at the school; and |
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(2) address safety planning, enforcement of |
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protective orders, [school-based alternatives to protective |
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orders, training for teachers and administrators at each district |
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campus that instructs students in grade six or higher,] counseling |
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for affected students, and awareness education for students and |
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parents. |
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(c) To the extent possible, a school district shall make |
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available to students: |
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(1) age-appropriate educational materials that |
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include information on the dangers of dating violence, sexual |
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assault, stalking, sexual abuse, and sexual harassment; and |
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(2) resources to students seeking help. |
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(d) The comprehensive training program: |
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(1) must be provided annually to school counselors, |
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teachers, nurses, administrators, and other staff, as well as law |
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enforcement officers and social workers who regularly interact with |
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students; |
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(2) must be completed not later than the 30th |
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instructional day following the first day of school and may be |
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offered online; |
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(3) must be included in the employee school district |
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handbook; |
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(4) may include participation by community |
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organizations with relevant existing research-based programs aimed |
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at providing training for school staff; |
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(5) must include information on: |
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(A) the meanings of and methods for preventing |
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and identifying incidents of dating violence, sexual assault, |
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stalking, sexual abuse, and sexual harassment; |
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(B) the school district's policy on dating |
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violence, sexual assault, stalking, sexual abuse, and sexual |
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harassment; |
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(C) procedures, protocols, and guidelines for |
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responding to and reporting incidents of dating violence, sexual |
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assault, stalking, sexual abuse, and sexual harassment; and |
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(D) the name, location, and contact information |
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of the district's Title IX coordinator; and |
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(6) may include information relating to the district's |
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trauma-informed care policy under Section 38.036. |
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(e) If a school district does not have sufficient resources |
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to provide the comprehensive training program required under |
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Subsection (d), the district shall work in conjunction with a |
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community organization to provide the training at no cost to the |
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district. |
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(f) Not later than the 30th instructional day following the |
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first day of school, each school district shall make the school's |
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policy on dating violence, sexual assault, stalking, sexual abuse, |
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and sexual harassment available to parents and students by: |
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(1) including the policy in the annual student |
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handbook; |
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(2) posting the policy on the school's Internet |
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website that is accessible from the home page of the Internet |
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website by use of not more than three links; and |
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(3) providing a written copy of the policy to the |
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parent of or other person standing in parental relation to each |
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student enrolled in the school. |
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(g) Each school district shall ensure that any |
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informational materials distributed to students are |
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age-appropriate. |
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(h) Not later than the 30th day following the last |
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instructional day of the school year, the Title IX coordinator of |
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each school district shall prepare and submit an annual written |
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report to the agency regarding incidents of dating violence, sexual |
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assault, stalking, sexual abuse, and sexual harassment at the |
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district. The report must include: |
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(1) a certification by the superintendent that each |
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school within the district is in substantial compliance with the |
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training and reporting requirements under this section; |
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(2) the total number of reported incidents of dating |
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violence, sexual assault, stalking, sexual abuse, and sexual |
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harassment; |
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(3) a summary of each investigation of a reported |
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incident; and |
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(4) a summary of the disposition of each reported |
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incident: |
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(A) that resulted in disciplinary measures by the |
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district; or |
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(B) for which the district determined that |
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disciplinary measures were not necessary. |
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(i) If the agency determines that a school district is not |
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in compliance with the training or reporting requirements, the |
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commissioner may take any appropriate action authorized to be taken |
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by the commissioner under Chapter 39A. |
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(j) The agency shall prepare and submit an annual written |
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report to the governor, lieutenant governor, speaker of the house |
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of representatives, and standing committees with primary |
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jurisdiction over education that includes: |
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(1) the number of incidents of dating violence, sexual |
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assault, stalking, sexual abuse, and sexual harassment in each |
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school district; |
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(2) a list of school districts that are in compliance |
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or out of compliance with the training and reporting requirements |
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under this section; and |
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(3) penalties imposed on any district. |
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SECTION 3. Each school district shall implement a policy on |
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dating violence, sexual assault, stalking, sexual abuse, and sexual |
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harassment as required by Section 37.0831, Education Code, as |
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amended by this Act, not later than the beginning of the 2023-2024 |
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school year. |
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SECTION 4. 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. |