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A BILL TO BE ENTITLED
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AN ACT
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relating to a policy requiring the use of face masks, face shields, |
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or other face coverings and providing notice to a parent or guardian |
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regarding a positive coronavirus disease (COVID-19) test for a |
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person assigned to a student's classroom in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Sections 38.0022 and 38.0023 to read as follows: |
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Sec. 38.0022. FACE COVERING POLICY. Notwithstanding any |
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other law, the board of trustees of a school district or the |
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governing body of an open-enrollment charter school may adopt a |
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policy requiring the use of a face mask, face shield, or other face |
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covering in a school building, school bus, or other congregate |
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educational setting operated by the district or school. |
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Sec. 38.0023. NOTICE OF CORONAVIRUS DISEASE (COVID-19). |
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(a) The board of trustees of a school district or the governing |
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body of an open-enrollment charter school shall adopt a policy |
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requiring the district or school to provide written or electronic |
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notice to the parent or guardian of each student assigned to a |
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classroom in which a student has tested positive for the |
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coronavirus disease (COVID-19). Notice required under this section |
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shall be made as soon as practicable after the district or school |
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becomes aware the student is infected. The notice: |
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(1) must include the recommendations of the Centers |
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for Disease Control and Prevention for the treatment and prevention |
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of the spread of the coronavirus disease (COVID-19); and |
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(2) may not identify the student who tested positive |
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for the coronavirus disease (COVID-19). |
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(b) The commissioner shall adopt rules as necessary to |
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implement this section in a manner that complies with federal law |
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regarding confidentiality of student medical or educational |
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information, including the Health Insurance Portability and |
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Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g), and any state law relating to the privacy of student |
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information. |
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SECTION 2. 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 on the 91st day after the last day of the |
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legislative session. |