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A BILL TO BE ENTITLED
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AN ACT
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relating to the public health threat presented by youth suicide and |
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to the prevention of associated discrimination, harassment, and |
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bullying. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act is dedicated to every child who has |
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fallen victim to severe emotional trauma. |
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SECTION 2. The legislature finds that: |
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(1) the United States Surgeon General's Report on |
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Children's Mental Health estimates that one in five children and |
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adolescents will experience a significant mental health problem |
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during their school years; |
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(2) during elementary school years, children are in an |
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ongoing developmental process where it is crucial that healthy |
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mental and behavioral development be promoted and that a solid |
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foundation in social-emotional skills and capacities be built; |
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(3) adolescence is a period of significant change, |
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during which youth are faced with a myriad of pressures; |
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(4) the pressures facing youth during adolescence |
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include pressures relating to adapting to bodily changes, |
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succeeding academically, making college and career decisions, |
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being accepted by peers, including pressure to engage in drugs, |
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alcohol, and sex, measuring up to expectations of others, and |
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coping with family and peer conflicts; |
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(5) increased levels of victimization also lead to |
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increased levels of depression and anxiety and decreased levels of |
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self-esteem; |
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(6) emotional trauma and mental health issues, if left |
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unaddressed, can lead and have led to life-threatening violence and |
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suicide; |
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(7) suicide committed by youth continues to present a |
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public health threat that endangers the well-being of the youth of |
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the state; |
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(8) suicide is the third leading cause of death for |
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persons who are at least 15 years of age but younger than 25 years of |
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age and the sixth leading cause of death for persons who are at |
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least 5 years of age but younger than 15 years of age; and |
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(9) it is of the utmost importance to keep children and |
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adolescents mentally healthy and on a course to become mentally |
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healthy adults. |
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SECTION 3. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter O-1 to read as follows: |
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SUBCHAPTER O-1. EARLY MENTAL HEALTH INTERVENTION AND PREVENTION OF |
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YOUTH SUICIDE |
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Sec. 161.325. EARLY MENTAL HEALTH INTERVENTION AND SUICIDE |
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PREVENTION. (a) The department, in coordination with the Texas |
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Education Agency, shall provide and annually update a list of |
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recommended best practice-based early mental health intervention |
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and suicide prevention programs for implementation in public |
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elementary, junior high, middle, and high schools within the |
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general education setting. Each school district may select from |
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the list a program or programs appropriate for implementation in |
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the district. |
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(b) The programs on the list must include components that |
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provide for training counselors, teachers, nurses, administrators, |
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and other staff, as well as law enforcement officers and social |
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workers who regularly interact with students, to: |
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(1) recognize students at risk of committing suicide, |
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including students who are or may be the victims of or who engage in |
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bullying prohibited in accordance with Section 37.0832, Education |
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Code; |
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(2) recognize students displaying early warning signs |
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and a necessity for early mental health intervention, which warning |
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signs may include declining academic performance, depression, |
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anxiety, isolation, unexplained changes in sleep or eating habits, |
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and destructive behavior toward self and others; and |
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(3) intervene effectively with students described by |
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Subdivision (1) or (2) by providing notice and referral to a parent |
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or guardian so appropriate action, such as seeking mental health |
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services, may be taken by a parent or guardian. |
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(c) In developing the list of programs, the department and |
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the Texas Education Agency shall consider: |
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(1) any existing suicide prevention method developed |
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by a school district under Section 11.252(a)(3)(B) or |
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33.006(b)(1)(A), Education Code; and |
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(2) any Internet or online course or program developed |
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in this state or another state that is based on best practices |
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recognized by the Substance Abuse and Mental Health Services |
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Administration or the Suicide Prevention Resource Center. |
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(d) The board of trustees of each school district may adopt |
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a policy, including any necessary procedures, concerning early |
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mental health intervention and suicide prevention that: |
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(1) establishes a procedure for providing notice of a |
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necessity for early mental health intervention regarding a student |
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to a parent or guardian of the student within a reasonable amount of |
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time after the identification; |
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(2) establishes a procedure for providing notice of a |
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student identified as at risk of committing suicide to a parent or |
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guardian of the student within a reasonable amount of time after the |
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identification; |
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(3) establishes the actions to take to obtain |
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assistance, intervention, and notice to a parent or guardian in |
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response to the necessity for intervention; and |
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(4) sets out the available optional counseling |
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alternatives for a parent or guardian to consider when their child |
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is identified as possibly being in need of early mental health |
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intervention or suicide prevention. |
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(e) The policy and any necessary procedures adopted under |
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Subsection (d) must be included in: |
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(1) the annual student handbook; and |
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(2) the district improvement plan under Section |
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11.252, Education Code. |
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(f) The department may solicit and accept a gift, grant, or |
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donation from any source for purposes of this section. |
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(g) Not later than January 1, 2013, the department shall |
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submit a report to the legislature relating to the development of |
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the list of programs and the implementation in school districts of |
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selected programs. This subsection expires September 1, 2013. |
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(h) Nothing in this section is intended to interfere with |
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the rights of parents or guardians and the decision-making |
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regarding the best interest of the child. Policy and procedures |
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adopted in accordance with this section are intended to notify a |
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parent or guardian of a need for mental health intervention so that |
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a parent or guardian may take appropriate action. Nothing in this |
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Act shall be construed as giving school districts the authority to |
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prescribe medications; any and all medical decisions are to be made |
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by a parent or guardian of a student. |
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SECTION 4. Section 11.252(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district shall have a district improvement |
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plan that is developed, evaluated, and revised annually, in |
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accordance with district policy, by the superintendent with the |
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assistance of the district-level committee established under |
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Section 11.251. The purpose of the district improvement plan is to |
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guide district and campus staff in the improvement of student |
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performance for all student groups in order to attain state |
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standards in respect to the student achievement indicators adopted |
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under Section 39.053. The district improvement plan must include |
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provisions for: |
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(1) a comprehensive needs assessment addressing |
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district student performance on the student achievement |
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indicators, and other appropriate measures of performance, that are |
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disaggregated by all student groups served by the district, |
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including categories of ethnicity, socioeconomic status, sex, and |
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populations served by special programs, including students in |
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special education programs under Subchapter A, Chapter 29; |
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(2) measurable district performance objectives for |
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all appropriate student achievement indicators for all student |
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populations, including students in special education programs |
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under Subchapter A, Chapter 29, and other measures of student |
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performance that may be identified through the comprehensive needs |
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assessment; |
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(3) strategies for improvement of student performance |
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that include: |
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(A) instructional methods for addressing the |
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needs of student groups not achieving their full potential; |
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(B) methods for addressing the needs of students |
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for special programs, including: |
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(i) [such as] suicide prevention programs, |
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in accordance with Subchapter O-1, Chapter 161, Health and Safety |
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Code, which includes a parental or guardian notification procedure; |
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(ii) [,] conflict resolution programs; |
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(iii) [,] violence prevention programs; and |
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(iv) [, or] dyslexia treatment programs; |
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(C) dropout reduction; |
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(D) integration of technology in instructional |
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and administrative programs; |
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(E) discipline management; |
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(F) staff development for professional staff of |
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the district; |
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(G) career education to assist students in |
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developing the knowledge, skills, and competencies necessary for a |
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broad range of career opportunities; and |
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(H) accelerated education; |
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(4) strategies for providing to middle school, junior |
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high school, and high school students, those students' teachers and |
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counselors, and those students' parents information about: |
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(A) higher education admissions and financial |
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aid opportunities; |
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(B) the TEXAS grant program and the Teach for |
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Texas grant program established under Chapter 56; |
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(C) the need for students to make informed |
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curriculum choices to be prepared for success beyond high school; |
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and |
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(D) sources of information on higher education |
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admissions and financial aid; |
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(5) resources needed to implement identified |
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strategies; |
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(6) staff responsible for ensuring the accomplishment |
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of each strategy; |
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(7) timelines for ongoing monitoring of the |
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implementation of each improvement strategy; and |
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(8) formative evaluation criteria for determining |
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periodically whether strategies are resulting in intended |
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improvement of student performance. |
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SECTION 5. Section 21.451(d), Education Code, is amended to |
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read as follows: |
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(d) The staff development: |
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(1) may include training in: |
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(A) technology; |
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(B) conflict resolution; [and] |
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(C) discipline strategies, including classroom |
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management, district discipline policies, and the student code of |
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conduct adopted under Section 37.001 and Chapter 37; and |
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(D) preventing, identifying, responding to, and |
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reporting incidents of bullying; and |
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(2) subject to Subsection (e), must include training |
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based on scientifically based research, as defined by Section 9101, |
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No Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that: |
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(A) relates to instruction of students with |
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disabilities; and |
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(B) is designed for educators who work primarily |
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outside the area of special education. |
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SECTION 6. Section 25.0342(a), Education Code, is amended |
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to read as follows: |
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(a) In this section, "bullying" has the meaning assigned by |
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Section 37.0832 [means engaging in
written or verbal expression or
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physical conduct that a school district board of trustees or the
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board's designee determines:
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[(1)
will have the effect of physically harming a
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student, damaging a student's property, or placing a student in
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reasonable fear of harm to the student's person or of damage to the
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student's property; or
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[(2)
is sufficiently severe, persistent, or pervasive
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enough that the action or threat creates an intimidating,
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threatening, or abusive educational environment for a student]. |
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SECTION 7. Section 28.002, Education Code, is amended by |
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adding Subsection (s) to read as follows: |
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(s) In addition to any other essential knowledge and skills |
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the State Board of Education adopts for the health curriculum under |
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Subsection (a)(2)(B), the board, in consultation with the Texas |
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School Safety Center, shall adopt essential knowledge and skills |
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for the health curriculum that include evidence-based practices |
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that will effectively address awareness, prevention, and |
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identification of bullying and harassment and intervention in and |
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resolution of bullying and harassment. In this subsection: |
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(1) "Bullying" has the meaning assigned by Section |
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37.0832. |
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(2) "Harassment" has the meaning assigned by Section |
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37.001. |
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SECTION 8. Section 37.001(b), Education Code, is amended to |
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read as follows: |
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(b) In this section: |
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(1) "Bullying" has the meaning assigned by Section |
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37.0832. |
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(2) "Harassment" means threatening to cause harm or |
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bodily injury to another student, engaging in sexually intimidating |
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conduct, causing physical damage to the property of another |
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student, subjecting another student to physical confinement or |
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restraint, or maliciously taking any action that substantially |
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harms another student's physical or emotional health or safety. |
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(3) [(2)] "Hit list" means a list of people targeted |
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to be harmed, using: |
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(A) a firearm, as defined by Section 46.01(3), |
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Penal Code; |
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(B) a knife, as defined by Section 46.01(7), |
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Penal Code; or |
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(C) any other object to be used with intent to |
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cause bodily harm. |
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SECTION 9. Section 37.083(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district shall adopt and implement a |
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discipline management program to be included in the district |
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improvement plan under Section 11.252. The program must provide |
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for prevention of and education concerning unwanted physical or |
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verbal aggression and[,] sexual harassment[, and other forms of
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bullying] in school, on school grounds, and in school vehicles. |
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SECTION 10. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.0832 to read as follows: |
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Sec. 37.0832. BULLYING PREVENTION POLICIES AND PROCEDURES. |
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(a) In this section, "bullying" means engaging in written or verbal |
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expression, expression through electronic means, or physical |
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conduct that occurs on school property, at a school-sponsored or |
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school-related activity, or in a vehicle operated by the district |
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and that: |
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(1) has the effect or will have the effect of |
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physically harming a student, damaging a student's property, or |
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placing a student in reasonable fear of harm to the student's person |
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or of damage to the student's property; |
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(2) is sufficiently severe, persistent, and pervasive |
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enough that the action or threat creates an intimidating, |
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threatening, or abusive educational environment for a student; |
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(3) exploits an imbalance of power between the student |
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perpetrator and the student victim through written or verbal |
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expression, expression through electronic means, or physical |
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conduct; and |
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(4) interferes with a student's education or |
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substantially disrupts the operation of a school. |
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(b) The board of trustees of each school district shall |
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adopt a policy, including any necessary procedures, concerning |
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bullying that: |
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(1) prohibits the bullying of a student; |
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(2) prohibits retaliation against any person, |
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including a victim, a witness, or another person, who in good faith |
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provides information concerning an incident of bullying; |
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(3) establishes a procedure for providing notice of an |
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incident of bullying to a parent or guardian of the victim of the |
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incident and a parent or guardian of the person engaging in bullying |
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within a reasonable amount of time after the incident; |
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(4) establishes the actions a student should take to |
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obtain assistance and intervention in response to bullying; |
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(5) sets out the available counseling options for a |
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student who is a victim of or a witness to bullying or who engages in |
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bullying; and |
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(6) establishes procedures for reporting an incident |
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of bullying, investigating a reported incident of bullying, and |
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determining whether the reported incident of bullying occurred. |
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(c) The policy and any necessary procedures adopted under |
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Subsection (b) must be included in: |
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(1) any student or employee school district handbook; |
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and |
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(2) the district improvement plan under Section |
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11.252. |
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(d) The procedure for reporting bullying established under |
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Subsection (b) must be posted on the district's Internet website to |
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the extent practicable. |
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(e) This section and any other change in law made by H.B. |
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1386, Acts of the 82nd Legislature, Regular Session, 2011, may not |
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be construed as reducing existing state and federal rights of |
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students receiving special education services under Subchapter A, |
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Chapter 29. Any act of bullying committed by a student receiving |
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special education services must be addressed through the admission, |
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review, and dismissal committee process and the student's |
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individualized education program plan. The student's admission, |
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review, and dismissal committee must consider the relationship |
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between the behavior and the disability and whether the disability |
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contributed to the manifestation of the behavior. Any change in |
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placement of a student receiving special education services must be |
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considered in accordance with Section 37.004. |
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SECTION 11. This Act applies beginning with the 2012-2013 |
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school year. |
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SECTION 12. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |