By: Huffman, Hinojosa, West  S.B. No. 9
         (In the Senate - Filed August 6, 2021; August 7, 2021, read
  first time and referred to Committee on Jurisprudence;
  August 7, 2021, reported favorably by the following vote:  Yeas 5,
  Nays 0; August 7, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to requiring public schools to provide instruction and
  materials and adopt policies relating to the prevention of child
  abuse, family violence, and dating violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Christine Blubaugh
  Act.
         SECTION 2.  Section 28.002, Education Code, is amended by
  adding Subsections (u), (u-1), (u-2), and (u-3) to read as follows:
         (u)  The State Board of Education shall adopt rules requiring
  students to receive instruction on the prevention of child abuse,
  family violence, and dating violence at least once in middle or
  junior high school and at least once in high school. The
  instruction must include information on:
               (1)  the dating violence policy adopted by the
  student's school district under Section 37.0831;
               (2)  the prevalence of dating violence and the
  recognition of abuse warning signs;
               (3)  the procedures for reporting violence or abuse;
  and
               (4)  educational materials or resources available to
  students under Section 37.0831(c).
         (u-1)  Before each school year, a school district shall
  provide written notice as described by Subsection (u-2) to a parent
  of each student enrolled in the district who will receive:
               (1)  the instruction required by Subsection (u); or
               (2)  any other instruction required by state law
  relating to the prevention of child abuse, family violence, and
  dating violence.
         (u-2)  The written notice required by Subsection (u-1) must
  include:
               (1)  a statement that the district will provide
  instruction to the parent's student relating to the prevention of
  child abuse, family violence, and dating violence;
               (2)  a description of:
                     (A)  the curriculum materials that will be used in
  providing instruction to the parent's student relating to the
  prevention of child abuse, family violence, and dating violence;
  and
                     (B)  the educational materials and resources
  described by Section 37.0831(c); and
               (3)  a statement of the parent's right to:
                     (A)  review the materials and resources described
  by Subdivision (2); and
                     (B)  remove the student from instruction relating
  to the prevention of child abuse, family violence, and dating
  violence without subjecting the student to any disciplinary action,
  academic penalty, or other sanction imposed by the district or the
  student's school.
         (u-3)  If a school district does not comply with the
  requirements of Subsections (u-1) and (u-2), a parent of a student
  enrolled in the district may file a complaint in accordance with the
  district's grievance procedure adopted as required by Section
  26.011.
         SECTION 3.  The heading to Section 37.0831, Education Code,
  is amended to read as follows:
         Sec. 37.0831.  DATING VIOLENCE POLICIES; EDUCATIONAL
  MATERIALS AND RESOURCES.
         SECTION 4.  Section 37.0831, Education Code, as amended by
  S.B. No. 1267, Acts of the 87th Legislature, Regular Session, 2021,
  is amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  A dating violence policy must:
               (1)  include:
                     (A)  a definition of dating violence that includes
  the intentional use of physical, sexual, verbal, or emotional abuse
  by a person to harm, threaten, intimidate, or control another
  person in a dating relationship, as defined by Section 71.0021,
  Family Code;
                     (B)  a clear statement that dating violence is not
  tolerated at school;
                     (C)  reporting procedures and guidelines for
  students who are victims of dating violence; and
                     (D)  information regarding the instruction on the
  prevention of dating violence required under Section 28.002(u); and
               (2)  address safety planning, enforcement of
  protective orders, school-based alternatives to protective orders,
  training for teachers and administrators at each district campus
  that instructs students in grade six or higher, counseling for
  affected students, and awareness education for students and
  parents.
         (c)  To the extent possible, a school district shall make
  available to students:
               (1)  age-appropriate educational materials that
  include information on the dangers of dating violence; and
               (2)  resources to students seeking help.
         SECTION 5.  This Act applies beginning with the 2022-2023
  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 on the 91st day after the last day of the
  legislative session.
 
  * * * * *