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.