By Thompson H.B. No. 2466
75R3921 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to school district sexual harassment and sexual violence
1-3 policies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.083, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 37.083. DISCIPLINE MANAGEMENT PROGRAMS[; SEXUAL
1-8 HARASSMENT POLICIES]. [(a)] Each school district shall adopt and
1-9 implement a discipline management program to be included in the
1-10 district improvement plan under Section 11.252.
1-11 [(b) Each school district may develop and implement a sexual
1-12 harassment policy to be included in the district improvement plan
1-13 under Section 11.252.]
1-14 SECTION 2. Subchapter C, Chapter 37, Education Code, is
1-15 amended by adding Section 37.084 to read as follows:
1-16 Sec. 37.084. SEXUAL HARASSMENT AND SEXUAL VIOLENCE POLICY.
1-17 (a) Each school district shall develop and implement a sexual
1-18 harassment and sexual violence policy to be included in the
1-19 district improvement plan under Section 11.252. The policy must:
1-20 (1) apply to students and to district personnel,
1-21 including teachers and administrators;
1-22 (2) provide reporting procedures that include
1-23 requirements that:
1-24 (A) district personnel with knowledge of an
2-1 alleged violation of the policy notify the district's
2-2 superintendent or the superintendent's designee, in writing, of the
2-3 alleged violation not later than the 10th day after the date the
2-4 person acquires knowledge of the alleged violation; and
2-5 (B) the superintendent or the superintendent's
2-6 designee notify the State Board for Educator Certification, in
2-7 writing, of an alleged violation of the policy by a person holding
2-8 a certificate issued under Subchapter B, Chapter 21, not later than
2-9 the 10th day after the date the superintendent or the
2-10 superintendent's designee, as applicable, is notified of the
2-11 alleged violation; and
2-12 (3) establish disciplinary actions to be taken for
2-13 violation of the policy that conform to this code and rules adopted
2-14 under this code relating to the discipline of students and district
2-15 personnel and to the student code of conduct adopted under Section
2-16 37.001.
2-17 (b) Each school must develop a process for discussing the
2-18 district sexual harassment and violence policy with students and
2-19 school personnel.
2-20 (c) A copy of the policy must be conspicuously posted in
2-21 each campus building and district administrative building and
2-22 included in any student handbook.
2-23 (d) Rules proposed by the State Board for Educator
2-24 Certification under Section 21.041(b)(7) and approved by the State
2-25 Board of Education under Section 21.042 must provide for discipline
2-26 of a superintendent or superintendent's designee who fails to
2-27 comply with reporting procedures prescribed under Subsection
3-1 (a)(2)(B).
3-2 SECTION 3. This Act takes effect September 1, 1997.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.