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A BILL TO BE ENTITLED
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AN ACT
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relating to consent instruction and instruction on the prevention |
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of sexual abuse and sex trafficking for certain public school |
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students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 28, Education Code, is |
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amended by adding Section 28.0045 to read as follows: |
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Sec. 28.0045. CONSENT INSTRUCTION. (a) A school district |
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shall include in the district's health curriculum for students in |
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kindergarten through fifth grade instruction on the importance of |
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obtaining a person's consent before engaging in any physical |
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activity with that person. |
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(b) The State Board of Education shall adopt the essential |
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knowledge and skills for age-appropriate curricula to be used by a |
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school district in providing consent instruction under this |
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section. |
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(c) A school district shall ensure that each student in |
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kindergarten through fifth grade receives consent instruction |
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under this section at least once in each grade level, unless the |
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student's parent removes the student from the instruction for the |
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applicable grade level. |
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(d) Before the beginning of each school year, a school |
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district shall provide to the parent of each student enrolled in the |
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district in kindergarten through fifth grade written notice that |
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includes: |
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(1) a statement that the district will provide consent |
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instruction as provided by this section to students in the |
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applicable grade level; |
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(2) a description of the material that will be used in |
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providing instruction to those students; and |
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(3) a statement that the parent has the right to review |
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the material and remove the parent's student from the instruction. |
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SECTION 2. Section 28.017, Education Code, as added by |
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Chapter 762 (S.B. 2039), Acts of the 85th Legislature, Regular |
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Session, 2017, is reenacted and amended to read as follows: |
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Sec. 28.017. INSTRUCTION ON PREVENTION OF SEXUAL ABUSE AND |
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SEX TRAFFICKING. (a) The commissioner, in cooperation with [the
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human trafficking prevention task force created under Section
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402.035, Government Code, and] any [other] persons the commissioner |
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considers appropriate, shall develop one or more sexual abuse and |
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sex trafficking instructional modules for use by [that] a school |
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district as provided by this section [may use in the district's
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health curriculum]. The modules may include: |
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(1) information on the different forms of sexual abuse |
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and assault, sex trafficking, and risk factors for sex trafficking; |
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(2) the procedures for reporting sexual abuse and sex |
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trafficking or suspected sexual abuse or sex trafficking; |
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(3) strategies for sexual abuse and assault prevention |
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and overcoming peer pressure; |
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(4) information on establishing healthy boundaries |
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for relationships, recognizing potentially abusive or harmful |
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relationships, and avoiding high-risk activities; |
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(5) the recruiting tactics of sex traffickers and peer |
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recruiters, including recruitment through the Internet; |
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(6) the legal aspects of sexual abuse and sex |
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trafficking under state and federal law; and |
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(7) the influence of culture and mass media on |
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perceptions of sexual abuse and sex trafficking, including |
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stereotypes and myths about victims and abusers, victim blaming, |
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and the role of language. |
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(a-1) As age-appropriate, a school district: |
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(1) shall use the modules developed under Subsection |
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(a) in the district's health curriculum for students in grade |
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levels 6 through 12; and |
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(2) may use those modules in the district's health |
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curriculum for students not described by Subdivision (1). |
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(a-2) A school district shall ensure that each student in |
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grade levels 9 through 12 receives age-appropriate instruction |
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using the modules developed under Subsection (a) at least once in |
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each grade level, unless the student's parent removes the student |
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from the instruction for the applicable grade level. |
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(b) The module or modules developed under Subsection (a) |
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must emphasize compassion for victims of sexual abuse or sex |
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trafficking and the creation of a positive reentry experience for |
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survivors of sexual abuse or sex trafficking into schools. |
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(c) Before the beginning of each school year, a school |
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district [that elects to use a module developed under Subsection
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(a) in the district's health curriculum] shall provide [written
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notice] to the parent of each student enrolled in the district in a |
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grade level for which a module developed under Subsection (a) will |
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be used written notice that includes [the following]: |
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(1) a statement that the district will provide |
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instruction relating to sexual abuse and sex trafficking awareness |
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to students in the applicable grade level [enrolled in the
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district]; |
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(2) a description of the material that will be used in |
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providing instruction to those students; and |
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(3) a statement that the parent has the right to review |
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the material and remove the parent's student from the instruction. |
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(d) If a school district does not comply with the |
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requirements of Subsection (c), a parent of a student enrolled in |
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the district may file a complaint in accordance with the district's |
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grievance procedure developed under Section 26.011. |
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SECTION 3. This Act applies beginning with the 2020-2021 |
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school year. |
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SECTION 4. This Act takes effect September 1, 2019. |