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A BILL TO BE ENTITLED
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AN ACT
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relating to public school, child-placing agency, and day-care |
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center policies addressing sexual abuse and other maltreatment of |
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children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 11.252, Education Code, |
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is amended to 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, such as suicide prevention, conflict |
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resolution, violence prevention, 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; and |
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(9) the policy under Section 38.0041 addressing sexual |
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abuse and other maltreatment of children. |
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SECTION 2. Section 38.0041, Education Code, is amended to |
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read as follows: |
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Sec. 38.0041. POLICIES ADDRESSING SEXUAL ABUSE AND OTHER |
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MALTREATMENT OF CHILDREN. (a) Each school district and |
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open-enrollment charter school shall adopt and implement a policy |
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addressing sexual abuse and other maltreatment of children, to be |
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included in the district improvement plan under Section 11.252 and |
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any informational handbook provided to students and parents. |
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(b) A policy required by this section must address: |
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(1) methods for increasing staff [teacher], student, |
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and parent awareness of issues regarding sexual abuse and other |
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maltreatment of children, including prevention techniques and |
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knowledge of likely warning signs indicating that a child may be a |
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victim of sexual abuse or other maltreatment, using resources |
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developed by the agency under Section 38.004; |
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(2) actions that a child who is a victim of sexual |
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abuse or other maltreatment should take to obtain assistance and |
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intervention; and |
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(3) available counseling options for students |
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affected by sexual abuse or other maltreatment. |
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(c) The methods under Subsection (b)(1) for increasing |
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awareness of issues regarding sexual abuse and other maltreatment |
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of children must include training, as provided by this subsection, |
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concerning prevention techniques for and recognition of sexual |
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abuse and all other maltreatment of children. The training: |
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(1) must be provided, as part of a new employee |
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orientation, to new school district and open-enrollment charter |
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school educators, including counselors and coaches, and other |
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district and charter school professional staff members; |
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(2) may be provided annually to any district or |
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charter school staff member; and |
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(3) must include training concerning: |
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(A) factors indicating a child is at risk for |
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sexual abuse or other maltreatment; |
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(B) likely warning signs indicating a child may |
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be a victim of sexual abuse or other maltreatment; |
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(C) internal procedures for seeking assistance |
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for a child who is at risk for sexual abuse or other maltreatment, |
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including referral to a school counselor, a social worker, or |
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another mental health professional; |
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(D) techniques for reducing a child's risk of |
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sexual abuse or other maltreatment; and |
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(E) community organizations that have relevant |
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existing research-based programs that are able to provide training |
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or other education for school district or open-enrollment charter |
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school staff members, students, and parents. |
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(d) For any training under Subsection (c), each school |
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district and open-enrollment charter school shall maintain records |
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that include the name of each district or charter school staff |
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member who participated in the training. |
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(e) If a school district or open-enrollment charter school |
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determines that the district or charter school does not have |
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sufficient resources to provide the training required under |
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Subsection (c), the district or charter school shall work in |
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conjunction with a community organization to provide the training |
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at no cost to the district or charter school. |
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(f) The training under Subsection (c) may be included in |
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staff development under Section 21.451. |
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(g) A school district or open-enrollment charter school |
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employee may not be subject to any disciplinary proceeding, as |
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defined by Section 22.0512(b), resulting from an action taken in |
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compliance with this section. The requirements of this section are |
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considered to involve an employee's judgment and discretion and are |
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not considered ministerial acts for purposes of immunity from |
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liability under Section 22.0511. Nothing in this section may be |
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considered to limit the immunity from liability provided under |
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Section 22.0511. |
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(h) For purposes of this section, "other maltreatment" has |
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the meaning assigned by Section 42.002, Human Resources Code. |
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SECTION 3. Section 42.002, Human Resources Code, is amended |
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by adding Subdivision (23) to read as follows: |
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(23) "Other maltreatment" means: |
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(A) abuse, as defined by Section 261.001 or |
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261.401, Family Code; or |
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(B) neglect, as defined by Section 261.001 or |
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261.401, Family Code. |
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SECTION 4. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.04261 to read as follows: |
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Sec. 42.04261. OTHER TRAINING OF PERSONNEL: CHILD-PLACING |
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AGENCIES AND DAY-CARE CENTERS. (a) Notwithstanding Section |
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42.0426(a)(1), a child-placing agency or day-care center shall |
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provide training for staff members in prevention techniques for and |
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the recognition of symptoms of sexual abuse and other maltreatment |
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of children and the responsibility and procedure of reporting |
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suspected occurrences of sexual abuse and other maltreatment of |
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children to the department or other appropriate entity. |
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(b) The type of training required under Subsection (a) shall |
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be determined by department rule. The training must be provided for |
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at least an hour annually and must include training concerning: |
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(1) factors indicating a child is at risk for sexual |
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abuse or other maltreatment; |
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(2) likely warning signs indicating a child may be a |
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victim of sexual abuse or other maltreatment; |
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(3) internal procedures for reporting sexual abuse or |
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other maltreatment; and |
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(4) community organizations that have existing |
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training programs that are able to provide training or other |
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education for child-placing agency or day-care center staff |
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members, children, and parents. |
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(c) If a child-placing agency or day-care center determines |
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that it does not have sufficient resources to provide the training |
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required under this section, the agency or center may contact a |
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department licensing employee to obtain information concerning |
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community organizations that will provide such training at no cost |
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to the agency or center. |
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SECTION 5. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.0428 to read as follows: |
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Sec. 42.0428. POLICIES ADDRESSING SEXUAL ABUSE AND OTHER |
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MALTREATMENT OF CHILDREN. (a) Each child-placing agency or |
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day-care center shall adopt and implement a policy addressing |
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sexual abuse and other maltreatment of children. |
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(b) A policy required by this section must address: |
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(1) methods for increasing child-placing agency and |
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day-care center staff and parent awareness of issues regarding and |
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prevention techniques for sexual abuse and other maltreatment of |
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children, including knowledge of likely warning signs indicating |
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that a child may be a victim of sexual abuse or other maltreatment; |
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and |
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(2) actions that, after contacting an agency or |
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center, the parent of a child who is a victim of sexual abuse or |
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other maltreatment should take to obtain assistance and |
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intervention. |
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(c) The methods under Subsection (b)(1) for increasing |
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awareness of issues regarding and prevention techniques for sexual |
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abuse and other maltreatment of children must include: |
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(1) the training required under Section 42.04261; and |
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(2) strategies for coordination between the |
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child-placing agency or day-care center and appropriate community |
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organizations. |
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SECTION 6. Subsection (a), Section 11.252, Education Code, |
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as amended by this Act, applies beginning with the 2011-2012 school |
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year. |
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SECTION 7. 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, 2011. |