BILL ANALYSIS

C.S.H.B. 2677

By: González, Mary

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In an effort to respond to the few yet serious instances of abuse of a child with significant disabilities, interested parties believe that it would greatly benefit students with disabilities if school district or open-enrollment charter school staff members were required to undergo additional training on recognizing the signs of abuse of children with significant cognitive disabilities. C.S.H.B. 2677 seeks to provide for such training.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 2677 amends the Education Code to include in the training concerning prevention techniques for and recognition of sexual abuse and all other maltreatment of children that is required of all new and existing school district and open-enrollment charter school employees as part of each school district's and open-enrollment charter school's mandatory policy for addressing sexual abuse and other maltreatment of children training specifically concerning prevention techniques for and recognition of sexual abuse and other maltreatment of children with significant cognitive disabilities in both educational and noneducational settings. The bill applies beginning with the 2015–2016 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2677 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Section 38.0041(c), Education Code, is amended to read as follows: (c) The methods under Subsection (b)(1) for increasing awareness of issues regarding sexual abuse and other maltreatment of children must include training, as provided by this subsection, concerning prevention techniques for and recognition of sexual abuse and all other maltreatment of children, including children with significant cognitive disabilities. The training: (1) must be provided, as part of a new employee orientation, to all new school district and open-enrollment charter school employees and to existing district and open-enrollment charter school employees on a schedule adopted by the agency by rule until all district and open-enrollment charter school employees have taken the training; and (2) must 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) techniques 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.	SECTION 1. Section 38.0041(c), Education Code, is amended to read as follows: (c) The methods under Subsection (b)(1) for increasing awareness of issues regarding sexual abuse and other maltreatment of children must include training, as provided by this subsection, concerning prevention techniques for and recognition of sexual abuse and all other maltreatment of children, including the sexual abuse and other maltreatment of children with significant cognitive disabilities in both educational and noneducational settings. The training: (1) must be provided, as part of a new employee orientation, to all new school district and open-enrollment charter school employees and to existing district and open-enrollment charter school employees on a schedule adopted by the agency by rule until all district and open-enrollment charter school employees have taken the training; and (2) must 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) techniques 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.
SECTION 2. This Act applies beginning with the 2015-2016 school year.	SECTION 2. Same as introduced version.
SECTION 3. 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, 2015.	SECTION 3. Same as introduced version.