Texas 2011 - 82nd Regular

Texas Senate Bill SB471 Compare Versions

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1	1	By: West, et al. S.B. No. 471
2	2	(Parker)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public school, child-placing agency, and day-care
8	8	center policies addressing sexual abuse and other maltreatment of
9	9	children.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subsection (a), Section 11.252, Education Code,
12	12	is amended to read as follows:
13	13	(a) Each school district shall have a district improvement
14	14	plan that is developed, evaluated, and revised annually, in
15	15	accordance with district policy, by the superintendent with the
16	16	assistance of the district-level committee established under
17	17	Section 11.251. The purpose of the district improvement plan is to
18	18	guide district and campus staff in the improvement of student
19	19	performance for all student groups in order to attain state
20	20	standards in respect to the student achievement indicators adopted
21	21	under Section 39.053. The district improvement plan must include
22	22	provisions for:
23	23	(1) a comprehensive needs assessment addressing
24	24	district student performance on the student achievement
25	25	indicators, and other appropriate measures of performance, that are
26	26	disaggregated by all student groups served by the district,
27	27	including categories of ethnicity, socioeconomic status, sex, and
28	28	populations served by special programs, including students in
29	29	special education programs under Subchapter A, Chapter 29;
30	30	(2) measurable district performance objectives for
31	31	all appropriate student achievement indicators for all student
32	32	populations, including students in special education programs
33	33	under Subchapter A, Chapter 29, and other measures of student
34	34	performance that may be identified through the comprehensive needs
35	35	assessment;
36	36	(3) strategies for improvement of student performance
37	37	that include:
38	38	(A) instructional methods for addressing the
39	39	needs of student groups not achieving their full potential;
40	40	(B) methods for addressing the needs of students
41	41	for special programs, such as suicide prevention, conflict
42	42	resolution, violence prevention, or dyslexia treatment programs;
43	43	(C) dropout reduction;
44	44	(D) integration of technology in instructional
45	45	and administrative programs;
46	46	(E) discipline management;
47	47	(F) staff development for professional staff of
48	48	the district;
49	49	(G) career education to assist students in
50	50	developing the knowledge, skills, and competencies necessary for a
51	51	broad range of career opportunities; and
52	52	(H) accelerated education;
53	53	(4) strategies for providing to middle school, junior
54	54	high school, and high school students, those students' teachers and
55	55	counselors, and those students' parents information about:
56	56	(A) higher education admissions and financial
57	57	aid opportunities;
58	58	(B) the TEXAS grant program and the Teach for
59	59	Texas grant program established under Chapter 56;
60	60	(C) the need for students to make informed
61	61	curriculum choices to be prepared for success beyond high school;
62	62	and
63	63	(D) sources of information on higher education
64	64	admissions and financial aid;
65	65	(5) resources needed to implement identified
66	66	strategies;
67	67	(6) staff responsible for ensuring the accomplishment
68	68	of each strategy;
69	69	(7) timelines for ongoing monitoring of the
70	70	implementation of each improvement strategy; [and]
71	71	(8) formative evaluation criteria for determining
72	72	periodically whether strategies are resulting in intended
73	73	improvement of student performance; and
74	74	(9) the policy under Section 38.0041 addressing sexual
75	75	abuse and other maltreatment of children.
76	76	SECTION 2. Section 38.0041, Education Code, is amended to
77	77	read as follows:
78	78	Sec. 38.0041. POLICIES ADDRESSING SEXUAL ABUSE AND OTHER
79	79	MALTREATMENT OF CHILDREN. (a) Each school district and
80	80	open-enrollment charter school shall adopt and implement a policy
81	81	addressing sexual abuse and other maltreatment of children, to be
82	82	included in the district improvement plan under Section 11.252 and
83	83	any informational handbook provided to students and parents.
84	84	(b) A policy required by this section must address:
85	85	(1) methods for increasing staff [teacher], student,
86	86	and parent awareness of issues regarding sexual abuse and other
87	87	maltreatment of children, including prevention techniques and
88	88	knowledge of likely warning signs indicating that a child may be a
89	89	victim of sexual abuse or other maltreatment, using resources
90	90	developed by the agency under Section 38.004;
91	91	(2) actions that a child who is a victim of sexual
92	92	abuse or other maltreatment should take to obtain assistance and
93	93	intervention; and
94	94	(3) available counseling options for students
95	95	affected by sexual abuse or other maltreatment.
96	96	(c) The methods under Subsection (b)(1) for increasing
97	97	awareness of issues regarding sexual abuse and other maltreatment
98	98	of children must include training, as provided by this subsection,
99	99	concerning prevention techniques for and recognition of sexual
100	100	abuse and all other maltreatment of children. The training:
101	101	(1) must be provided, as part of a new employee
102	102	orientation, to new school district and open-enrollment charter
103	103	school educators, including counselors and coaches, and other
104	104	district and charter school professional staff members;
105	105	(2) may be provided annually to any district or
106	106	charter school staff member; and
107	107	(3) must include training concerning:
108	108	(A) factors indicating a child is at risk for
109	109	sexual abuse or other maltreatment;
110	110	(B) likely warning signs indicating a child may
111	111	be a victim of sexual abuse or other maltreatment;
112	112	(C) internal procedures for seeking assistance
113	113	for a child who is at risk for sexual abuse or other maltreatment,
114	114	including referral to a school counselor, a social worker, or
115	115	another mental health professional;
116	116	(D) techniques for reducing a child's risk of
117	117	sexual abuse or other maltreatment; and
118	118	(E) community organizations that have relevant
119	119	existing research-based programs that are able to provide training
120	120	or other education for school district or open-enrollment charter
121	121	school staff members, students, and parents.
122	122	(d) For any training under Subsection (c), each school
123	123	district and open-enrollment charter school shall maintain records
124	124	that include the name of each district or charter school staff
125	125	member who participated in the training.
126	126	(e) If a school district or open-enrollment charter school
127	127	determines that the district or charter school does not have
128	128	sufficient resources to provide the training required under
129	129	Subsection (c), the district or charter school shall work in
130	130	conjunction with a community organization to provide the training
131	131	at no cost to the district or charter school.
132	132	(f) The training under Subsection (c) may be included in
133	133	staff development under Section 21.451.
134	134	(g) A school district or open-enrollment charter school
135	135	employee may not be subject to any disciplinary proceeding, as
136	136	defined by Section 22.0512(b), resulting from an action taken in
137	137	compliance with this section. The requirements of this section are
138	138	considered to involve an employee's judgment and discretion and are
139	139	not considered ministerial acts for purposes of immunity from
140	140	liability under Section 22.0511. Nothing in this section may be
141	141	considered to limit the immunity from liability provided under
142	142	Section 22.0511.
143	143	(h) For purposes of this section, "other maltreatment" has
144	144	the meaning assigned by Section 42.002, Human Resources Code.
145	145	SECTION 3. Section 42.002, Human Resources Code, is amended
146	146	by adding Subdivision (23) to read as follows:
147	147	(23) "Other maltreatment" means:
148	148	(A) abuse, as defined by Section 261.001 or
149	149	261.401, Family Code; or
150	150	(B) neglect, as defined by Section 261.001 or
151	151	261.401, Family Code.
152	152	SECTION 4. Subchapter C, Chapter 42, Human Resources Code,
153	153	is amended by adding Section 42.04261 to read as follows:
154	154	Sec. 42.04261. OTHER TRAINING OF PERSONNEL: CHILD-PLACING
155	155	AGENCIES AND DAY-CARE CENTERS. (a) Notwithstanding Section
156	156	42.0426(a)(1), a child-placing agency or day-care center shall
157	157	provide training for staff members in prevention techniques for and
158	158	the recognition of symptoms of sexual abuse and other maltreatment
159	159	of children and the responsibility and procedure of reporting
160	160	suspected occurrences of sexual abuse and other maltreatment of
161	161	children to the department or other appropriate entity.
162	162	(b) The type of training required under Subsection (a) shall
163	163	be determined by department rule. The training must be provided for
164	164	at least an hour annually and must include training concerning:
165	165	(1) factors indicating a child is at risk for sexual
166	166	abuse or other maltreatment;
167	167	(2) likely warning signs indicating a child may be a
168	168	victim of sexual abuse or other maltreatment;
169	169	(3) internal procedures for reporting sexual abuse or
170	170	other maltreatment; and
171	171	(4) community organizations that have existing
172	172	training programs that are able to provide training or other
173	173	education for child-placing agency or day-care center staff
174	174	members, children, and parents.
175	175	(c) If a child-placing agency or day-care center determines
176	176	that it does not have sufficient resources to provide the training
177	177	required under this section, the agency or center may contact a
178	178	department licensing employee to obtain information concerning
179	179	community organizations that will provide such training at no cost
180	180	to the agency or center.
181	181	SECTION 5. Subchapter C, Chapter 42, Human Resources Code,
182	182	is amended by adding Section 42.0428 to read as follows:
183	183	Sec. 42.0428. POLICIES ADDRESSING SEXUAL ABUSE AND OTHER
184	184	MALTREATMENT OF CHILDREN. (a) Each child-placing agency or
185	185	day-care center shall adopt and implement a policy addressing
186	186	sexual abuse and other maltreatment of children.
187	187	(b) A policy required by this section must address:
188	188	(1) methods for increasing child-placing agency and
189	189	day-care center staff and parent awareness of issues regarding and
190	190	prevention techniques for sexual abuse and other maltreatment of
191	191	children, including knowledge of likely warning signs indicating
192	192	that a child may be a victim of sexual abuse or other maltreatment;
193	193	and
194	194	(2) actions that, after contacting an agency or
195	195	center, the parent of a child who is a victim of sexual abuse or
196	196	other maltreatment should take to obtain assistance and
197	197	intervention.
198	198	(c) The methods under Subsection (b)(1) for increasing
199	199	awareness of issues regarding and prevention techniques for sexual
200	200	abuse and other maltreatment of children must include:
201	201	(1) the training required under Section 42.04261; and
202	202	(2) strategies for coordination between the
203	203	child-placing agency or day-care center and appropriate community
204	204	organizations.
205	205	SECTION 6. Subsection (a), Section 11.252, Education Code,
206	206	as amended by this Act, applies beginning with the 2011-2012 school
207	207	year.
208	208	SECTION 7. This Act takes effect immediately if it receives
209	209	a vote of two-thirds of all the members elected to each house, as
210	210	provided by Section 39, Article III, Texas Constitution. If this
211	211	Act does not receive the vote necessary for immediate effect, this
212	212	Act takes effect September 1, 2011.