| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prevention of discrimination and harassment in public |
|
|
schools. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 11, Education Code, is |
|
|
amended by adding Section 11.171 to read as follows: |
|
|
Sec. 11.171. DISCRIMINATION, HARASSMENT, AND RETALIATION |
|
|
PROHIBITED. (a) In this section: |
|
|
(1) "Gender identity or expression" means a person's |
|
|
having, or being perceived as having, a gender-related identity, |
|
|
appearance, expression, or behavior, whether or not that identity, |
|
|
appearance, expression, or behavior is different from that commonly
|
|
|
associated with the person's assigned sex at birth. |
|
|
(2) "Sexual orientation" means heterosexuality, |
|
|
homosexuality, or bisexuality. |
|
|
(b) A school district or employee of a school district may |
|
|
not: |
|
|
(1) discriminate against or harass an employee of the |
|
|
district or a student enrolled in the district on account of: |
|
|
(A) the actual or perceived ethnicity, color, |
|
|
gender, gender identity or expression, sexual orientation, |
|
|
disability, religion, or national origin of the employee, student, |
|
|
or student's parent; or |
|
|
(B) one or more persons with whom the employee, |
|
|
student, or student's parent associates; or |
|
|
(2) retaliate against an employee of the district or a |
|
|
student enrolled in the district for reporting potential |
|
|
discrimination or harassment prohibited by Subdivision (1). |
|
|
(c) This section applies to conduct that occurs: |
|
|
(1) on school property; |
|
|
(2) while attending a school-sponsored or |
|
|
school-related activity on or off of school property; or |
|
|
(3) in connection with transportation of students in a |
|
|
vehicle owned or operated by a school district or owned or operated |
|
|
by another entity under contract with a school district. |
|
|
(d) A school district shall provide periodic training to |
|
|
district employees regarding prevention of discrimination and |
|
|
harassment prohibited by this section and procedures for responding |
|
|
to reported or observed incidents of prohibited discrimination or |
|
|
harassment. The training may be provided in conjunction with any |
|
|
training provided under Section 37.083. |
|
|
(e) In accordance with rules adopted by the commissioner, |
|
|
each school district shall report annually to the agency |
|
|
information regarding each incident of alleged discrimination or |
|
|
harassment that occurred in the district during the preceding year. |
|
|
The agency shall include the information in the comprehensive |
|
|
annual report required by Section 39.182. |
|
|
SECTION 2. (a) Each school district shall submit to the |
|
|
Texas Education Agency information as required under Section |
|
|
11.171(e), Education Code, as added by this Act, beginning with the |
|
|
2008-2009 school year based on incidents of discrimination or |
|
|
harassment during the 2007-2008 school year. |
|
|
(b) The Texas Education Agency shall include the |
|
|
information required under Section 11.171(e), Education Code, as |
|
|
added by this Act, in the comprehensive annual report required by |
|
|
Section 39.182, Education Code, beginning with the report required |
|
|
to be submitted not later than December 1, 2008. |
|
|
SECTION 3. This Act applies beginning with the 2007-2008 |
|
|
school year. |
|
|
SECTION 4. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |