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A BILL TO BE ENTITLED
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AN ACT
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relating to prevention of discrimination and harassment in public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.173 to read as follows: |
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Sec. 11.173. DISCRIMINATION, HARASSMENT, AND RETALIATION |
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PROHIBITED. (a) In this section: |
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(1) "Gender identity or expression" means a person's |
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having, or being perceived as having, a gender-related identity, |
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appearance, expression, or behavior, whether or not that identity, |
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appearance, expression, or behavior is different from that commonly |
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associated with the person's assigned sex at birth. |
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(2) "Sexual orientation" means the actual or perceived |
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status of an individual with respect to the individual's sexuality. |
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(b) A school district or employee of a school district may |
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not: |
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(1) discriminate against or harass an employee of the |
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district or a student enrolled in the district on account of: |
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(A) the actual or perceived ethnicity, color, |
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gender, gender identity or expression, sexual orientation, |
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disability, religion, or national origin of the employee, student, |
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or student's parent; or |
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(B) one or more persons with whom the employee, |
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student, or student's parent associates; or |
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(2) retaliate against an employee of the district or a |
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student enrolled in the district for reporting potential |
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discrimination or harassment prohibited by Subdivision (1). |
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(c) This section applies to conduct that occurs: |
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(1) on school property; |
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(2) while attending a school-sponsored or |
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school-related activity on or off of school property; or |
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(3) in connection with transportation of students in a |
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vehicle owned or operated by a school district or owned or operated |
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by another entity under contract with a school district. |
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(d) A school district shall provide periodic training to |
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district employees regarding prevention of discrimination and |
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harassment prohibited by this section and procedures for responding |
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to reported or observed incidents of prohibited discrimination or |
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harassment. The training may be provided in conjunction with any |
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training provided under Section 37.083. |
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(e) In accordance with rules adopted by the commissioner, |
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each school district shall report annually to the agency |
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information regarding each incident of alleged discrimination or |
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harassment that occurred at each campus in the district during the |
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preceding year. The agency shall include the information, |
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disaggregated by campus, in the comprehensive annual report |
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required by Section 39.332. |
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SECTION 2. (a) Each school district shall submit to the |
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Texas Education Agency information as required under Section |
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11.173(e), Education Code, as added by this Act, beginning with the |
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2014-2015 school year based on incidents of discrimination or |
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harassment during the 2013-2014 school year. |
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(b) The Texas Education Agency shall include the |
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information required under Section 11.173(e), Education Code, as |
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added by this Act, in the comprehensive annual report required by |
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Section 39.332, Education Code, beginning with the report required |
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to be submitted not later than December 1, 2014. |
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SECTION 3. This Act applies beginning with the 2013-2014 |
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school year. |
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SECTION 4. 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, 2013. |