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A BILL TO BE ENTITLED
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AN ACT
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relating to staff development for public school employees in |
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cultural competence and implicit bias and to discrimination on the |
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basis of hair texture or protective hairstyle associated with race. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 22, Education Code, is |
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amended by adding Section 22.903 to read as follows: |
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Sec. 22.903. STAFF DEVELOPMENT IN CULTURAL COMPETENCE AND |
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IMPLICIT BIAS. (a) In this section: |
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(1) "Cultural competence" means the ability to address |
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the educational needs of individuals from diverse backgrounds |
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effectively by applying knowledge, empathy, and insight into the |
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views on education that those backgrounds present. |
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(2) "Implicit bias" means: |
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(A) bias in judgment or behavior that results |
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from subtle cognitive processes, including implicit attitudes and |
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implicit stereotypes, that often operate at a level below conscious |
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awareness and without intentional control; or |
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(B) implicit attitudes and stereotypes that |
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result in beliefs or simple associations that a person makes |
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between an object and its evaluation that are automatically |
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activated by the mere presence, actual or symbolic, of the attitude |
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object. |
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(b) At least once every two years, a school district or |
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open-enrollment charter school shall provide staff development in |
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cultural competence and implicit bias to employees of the district |
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or school who regularly interact with students. |
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(c) The staff development required under Subsection (b) |
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must include a discussion of cultural competence and implicit bias |
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with respect to student discipline. |
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SECTION 2. Subchapter Z, Chapter 25, Education Code, is |
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amended by adding Section 25.902 to read as follows: |
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Sec. 25.902. PROHIBITION ON CERTAIN DISCRIMINATION IN |
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STUDENT DRESS OR GROOMING POLICY. (a) In this section, "protective |
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hairstyle" includes braids, locks, and twists. |
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(b) Any student dress or grooming policy adopted by a public |
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school, including a student dress or grooming policy for any |
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extracurricular activity, may not discriminate against a hair |
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texture or protective hairstyle commonly or historically |
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associated with race. |
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SECTION 3. Subchapter Z, Chapter 51, Education Code, is |
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amended by adding Section 51.979 to read as follows: |
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Sec. 51.979. PROHIBITION ON CERTAIN DISCRIMINATION IN |
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STUDENT DRESS OR GROOMING POLICY. (a) In this section: |
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(1) "Institution of higher education" has the meaning |
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assigned by Section 61.003. |
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(2) "Protective hairstyle" includes braids, locks, |
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and twists. |
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(b) Any student dress or grooming policy adopted by an |
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institution of higher education, including a student dress or |
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grooming policy for any extracurricular activity, may not |
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discriminate against a hair texture or protective hairstyle |
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commonly or historically associated with race. |
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SECTION 4. Subchapter C, Chapter 21, Labor Code, is amended |
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by adding Section 21.1095 to read as follows: |
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Sec. 21.1095. RACIAL DISCRIMINATION BASED ON HAIR TEXTURE |
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OR PROTECTIVE HAIRSTYLE. (a) In this section, "protective |
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hairstyle" includes braids, locks, and twists. |
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(b) A provision in this chapter referring to discrimination |
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because of race or on the basis of race includes discrimination |
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because of or on the basis of an employee's hair texture or |
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protective hairstyle commonly or historically associated with |
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race. |
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(c) An employer, labor union, or employment agency commits |
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an unlawful employment practice if the employer, labor union, or |
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employment agency adopts or enforces a dress or grooming policy |
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that discriminates against a hair texture or protective hairstyle |
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commonly or historically associated with race. |
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SECTION 5. Each school district or open-enrollment charter |
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school shall provide the initial staff development required under |
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Section 22.903, Education Code, as added by this Act, not later than |
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June 1, 2022. |
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SECTION 6. Section 21.1095, Labor Code, as added by this |
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Act, applies only to an unlawful employment practice that occurs on |
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or after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2021. |