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A BILL TO BE ENTITLED
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AN ACT
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relating to public school and child-care facility policies |
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addressing sexual abuse and other maltreatment of children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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, 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 and, until the policy is |
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implemented, must include provisions for describing progress |
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toward adopting and implementing the policy. |
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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 preventing, and for increasing staff |
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[teacher], student, and parent awareness of issues regarding, |
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sexual abuse and other maltreatment of children, including |
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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 preventing, and |
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for increasing awareness of issues regarding, sexual abuse and |
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other maltreatment of children must include: |
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(1) research-based training and other educational |
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opportunities concerning the prevention and recognition of sexual |
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abuse and all other forms of child maltreatment for the following |
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persons: |
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(A) parents of school district and |
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open-enrollment charter school students; and |
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(B) educators, including counselors and coaches, |
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and other district and charter school professional staff members; |
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and |
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(2) strategies for coordination between the district |
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or charter school and appropriate community organizations. |
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(d) The training provided under Subsection (c) for persons |
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described by Subsection (c)(1)(B) must: |
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(1) be provided annually; and |
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(2) 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) methods for reducing a child's risk of sexual |
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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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(e) For each year of annual training required under |
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Subsection (d), each school district and open-enrollment charter |
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school shall maintain, until at least the third anniversary of the |
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training, records that include the name of each district or charter |
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school staff member who participated in the training during that |
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year. |
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(f) 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)(1), 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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(g) The training under Subsection (d) may be included in |
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staff development under Section 21.451. |
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SECTION 3. Section 42.0426, Human Resources Code, is |
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amended by amending Subsection (a) and adding Subsections (c), (d), |
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and (e) to read as follows: |
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(a) A licensed facility shall provide training for staff |
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members in: |
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(1) the prevention and recognition of symptoms of |
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child abuse, neglect, and sexual abuse and other forms of child |
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maltreatment [molestation] and the responsibility and procedure of |
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reporting suspected occurrences of child abuse, neglect, and sexual |
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abuse and other forms of child maltreatment [molestation] to the |
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department or other appropriate entity; |
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(2) the application of first aid; and |
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(3) the prevention and spread of communicable |
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diseases. |
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(c) The training required under Subsection (a)(1) must be |
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based on scientific research, provided at least annually, and |
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include training concerning: |
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(1) factors indicating a child is at-risk for abuse, |
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neglect, sexual abuse, or other maltreatment; |
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(2) likely warning signs indicating a child may be a |
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victim of abuse, neglect, sexual abuse, or other maltreatment; |
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(3) internal procedures for seeking assistance for a |
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child who is at-risk for abuse, neglect, sexual abuse, or other |
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maltreatment, including referral to a counselor, a social worker, |
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or another mental health professional; and |
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(4) community organizations that have relevant |
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existing research-based training programs that are able to provide |
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training or other education for licensed facility staff members, |
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children, and parents. |
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(d) If a licensed facility determines that it does not have |
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sufficient resources to provide the training required under |
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Subsection (a)(1), the licensed facility shall work in conjunction |
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with a community organization to provide the training at no cost to |
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the licensed facility. |
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(e) For each year of annual training required under |
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Subsection (a)(1), the licensed facility shall maintain, until at |
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least the third anniversary of the training, records that include |
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the name of each staff member who participated in the training |
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during that year. |
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SECTION 4. 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-care facility shall |
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adopt and implement a policy addressing sexual abuse and other |
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maltreatment of children. |
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(b) A policy required by this section must address: |
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(1) methods for preventing, and for increasing |
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child-care facility staff and parent awareness of issues regarding, |
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sexual abuse and other maltreatment of children, including |
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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; |
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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; |
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(3) actions that the parent of a child younger than |
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five years of age who is a victim of sexual abuse or other |
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maltreatment should take to obtain assistance and intervention; and |
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(4) available counseling options for children |
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affected by sexual abuse or other maltreatment. |
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(c) The methods under Subsection (b)(1) for preventing, and |
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for increasing awareness of issues regarding, sexual abuse and |
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other maltreatment of children must include: |
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(1) the training required under Section |
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42.0426(a)(1); and |
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(2) strategies for coordination between the |
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child-care facility and appropriate community organizations. |
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SECTION 5. Section 11.252(a), Education Code, as amended by |
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this Act, applies beginning with the 2011-2012 school year. |
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SECTION 6. 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. |