82R5018 CAS-F
 
  By: West S.B. No. 471
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to public school and child-care facility policies
  addressing sexual abuse and other maltreatment of children.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.252(a), Education Code, is amended to
  read as follows:
         (a)  Each school district shall have a district improvement
  plan that is developed, evaluated, and revised annually, in
  accordance with district policy, by the superintendent with the
  assistance of the district-level committee established under
  Section 11.251.  The purpose of the district improvement plan is to
  guide district and campus staff in the improvement of student
  performance for all student groups in order to attain state
  standards in respect to the student achievement indicators adopted
  under Section 39.053.  The district improvement plan must include
  provisions for:
               (1)  a comprehensive needs assessment addressing
  district student performance on the student achievement
  indicators, and other appropriate measures of performance, that are
  disaggregated by all student groups served by the district,
  including categories of ethnicity, socioeconomic status, sex, and
  populations served by special programs, including students in
  special education programs under Subchapter A, Chapter 29;
               (2)  measurable district performance objectives for
  all appropriate student achievement indicators for all student
  populations, including students in special education programs
  under Subchapter A, Chapter 29, and other measures of student
  performance that may be identified through the comprehensive needs
  assessment;
               (3)  strategies for improvement of student performance
  that include:
                     (A)  instructional methods for addressing the
  needs of student groups not achieving their full potential;
                     (B)  methods for addressing the needs of students
  for special programs, such as suicide prevention, conflict
  resolution, violence prevention, or dyslexia treatment programs;
                     (C)  dropout reduction;
                     (D)  integration of technology in instructional
  and administrative programs;
                     (E)  discipline management;
                     (F)  staff development for professional staff of
  the district;
                     (G)  career education to assist students in
  developing the knowledge, skills, and competencies necessary for a
  broad range of career opportunities; and
                     (H)  accelerated education;
               (4)  strategies for providing to middle school, junior
  high school, and high school students, those students' teachers and
  counselors, and those students' parents information about:
                     (A)  higher education admissions and financial
  aid opportunities;
                     (B)  the TEXAS grant program and the Teach for
  Texas grant program established under Chapter 56;
                     (C)  the need for students to make informed
  curriculum choices to be prepared for success beyond high school;
  and
                     (D)  sources of information on higher education
  admissions and financial aid;
               (5)  resources needed to implement identified
  strategies;
               (6)  staff responsible for ensuring the accomplishment
  of each strategy;
               (7)  timelines for ongoing monitoring of the
  implementation of each improvement strategy; [and]
               (8)  formative evaluation criteria for determining
  periodically whether strategies are resulting in intended
  improvement of student performance; and
               (9)  the policy under Section 38.0041 addressing sexual
  abuse and other maltreatment of children and, until the policy is
  implemented, must include provisions for describing progress
  toward adopting and implementing the policy.
         SECTION 2.  Section 38.0041, Education Code, is amended to
  read as follows:
         Sec. 38.0041.  POLICIES ADDRESSING SEXUAL ABUSE AND OTHER
  MALTREATMENT OF CHILDREN. (a)  Each school district and
  open-enrollment charter school shall adopt and implement a policy
  addressing sexual abuse and other maltreatment of children, to be
  included in the district improvement plan under Section 11.252 and
  any informational handbook provided to students and parents.
         (b)  A policy required by this section must address:
               (1)  methods for preventing, and for increasing staff
  [teacher], student, and parent awareness of issues regarding,
  sexual abuse and other maltreatment of children, including
  knowledge of likely warning signs indicating that a child may be a
  victim of sexual abuse or other maltreatment, using resources
  developed by the agency under Section 38.004;
               (2)  actions that a child who is a victim of sexual
  abuse or other maltreatment should take to obtain assistance and
  intervention; and
               (3)  available counseling options for students
  affected by sexual abuse or other maltreatment.
         (c)  The methods under Subsection (b)(1) for preventing, and
  for increasing awareness of issues regarding, sexual abuse and
  other maltreatment of children must include:
               (1)  research-based training and other educational
  opportunities concerning the prevention and recognition of sexual
  abuse and all other forms of child maltreatment for the following
  persons:
                     (A)  parents of school district and
  open-enrollment charter school students; and
                     (B)  educators, including counselors and coaches,
  and other district and charter school professional staff members;
  and
               (2)  strategies for coordination between the district
  or charter school and appropriate community organizations.
         (d)  The training provided under Subsection (c) for persons
  described by Subsection (c)(1)(B) must:
               (1)  be provided annually; and
               (2)  include training concerning:
                     (A)  factors indicating a child is at-risk for
  sexual abuse or other maltreatment;
                     (B)  likely warning signs indicating a child may
  be a victim of sexual abuse or other maltreatment;
                     (C)  internal procedures for seeking assistance
  for a child who is at-risk for sexual abuse or other maltreatment,
  including referral to a school counselor, a social worker, or
  another mental health professional;
                     (D)  methods for reducing a child's risk of sexual
  abuse or other maltreatment; and
                     (E)  community organizations that have relevant
  existing research-based programs that are able to provide training
  or other education for school district or open-enrollment charter
  school staff members, students, and parents.
         (e)  For each year of annual training required under
  Subsection (d), each school district and open-enrollment charter
  school shall maintain, until at least the third anniversary of the
  training, records that include the name of each district or charter
  school staff member who participated in the training during that
  year.
         (f)  If a school district or open-enrollment charter school
  determines that the district or charter school does not have
  sufficient resources to provide the training required under
  Subsection (c)(1), the district or charter school shall work in
  conjunction with a community organization to provide the training
  at no cost to the district or charter school.
         (g)  The training under Subsection (d) may be included in
  staff development under Section 21.451.
         SECTION 3.  Section 42.0426, Human Resources Code, is
  amended by amending Subsection (a) and adding Subsections (c), (d),
  and (e) to read as follows:
         (a)  A licensed facility shall provide training for staff
  members in:
               (1)  the prevention and recognition of symptoms of
  child abuse, neglect, and sexual abuse and other forms of child
  maltreatment [molestation] and the responsibility and procedure of
  reporting suspected occurrences of child abuse, neglect, and sexual
  abuse and other forms of child maltreatment [molestation] to the
  department or other appropriate entity;
               (2)  the application of first aid; and
               (3)  the prevention and spread of communicable
  diseases.
         (c)  The training required under Subsection (a)(1) must be
  based on scientific research, provided at least annually, and
  include training concerning:
               (1)  factors indicating a child is at-risk for abuse,
  neglect, sexual abuse, or other maltreatment;
               (2)  likely warning signs indicating a child may be a
  victim of abuse, neglect, sexual abuse, or other maltreatment;
               (3)  internal procedures for seeking assistance for a
  child who is at-risk for abuse, neglect, sexual abuse, or other
  maltreatment, including referral to a counselor, a social worker,
  or another mental health professional; and
               (4)  community organizations that have relevant
  existing research-based training programs that are able to provide
  training or other education for licensed facility staff members,
  children, and parents.
         (d)  If a licensed facility determines that it does not have
  sufficient resources to provide the training required under
  Subsection (a)(1), the licensed facility shall work in conjunction
  with a community organization to provide the training at no cost to
  the licensed facility.
         (e)  For each year of annual training required under
  Subsection (a)(1), the licensed facility shall maintain, until at
  least the third anniversary of the training, records that include
  the name of each staff member who participated in the training
  during that year.
         SECTION 4.  Subchapter C, Chapter 42, Human Resources Code,
  is amended by adding Section 42.0428 to read as follows:
         Sec. 42.0428.  POLICIES ADDRESSING SEXUAL ABUSE AND OTHER
  MALTREATMENT OF CHILDREN. (a)  Each child-care facility shall
  adopt and implement a policy addressing sexual abuse and other
  maltreatment of children.
         (b)  A policy required by this section must address:
               (1)  methods for preventing, and for increasing
  child-care facility staff and parent awareness of issues regarding,
  sexual abuse and other maltreatment of children, including
  knowledge of likely warning signs indicating that a child may be a
  victim of sexual abuse or other maltreatment;
               (2)  actions that a child who is a victim of sexual
  abuse or other maltreatment should take to obtain assistance and
  intervention;
               (3)  actions that the parent of a child younger than
  five years of age who is a victim of sexual abuse or other
  maltreatment should take to obtain assistance and intervention; and
               (4)  available counseling options for children
  affected by sexual abuse or other maltreatment.
         (c)  The methods under Subsection (b)(1) for preventing, and
  for increasing awareness of issues regarding, sexual abuse and
  other maltreatment of children must include:
               (1)  the training required under Section
  42.0426(a)(1); and
               (2)  strategies for coordination between the
  child-care facility and appropriate community organizations.
         SECTION 5.  Section 11.252(a), Education Code, as amended by
  this Act, applies beginning with the 2011-2012 school year.
         SECTION 6.  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, 2011.