84R1867 KKA-F
By: González H.B. No. 70
A BILL TO BE ENTITLED
AN ACT
relating to prevention of discrimination and harassment in public
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.174 to read as follows:
Sec. 11.174. DISCRIMINATION, HARASSMENT, AND RETALIATION
PROHIBITED. (a) In this section:
(1) "Gender identity or expression" means a person's
having, or being perceived as having, a gender-related identity,
appearance, expression, or behavior, whether or not that identity,
appearance, expression, or behavior is different from that commonly
associated with the person's assigned sex at birth.
(2) "Sexual orientation" means the actual or perceived
status of an individual with respect to the individual's sexuality.
(b) A school district or employee of a school district may
not:
(1) discriminate against or harass an employee of the
district or a student enrolled in the district on account of:
(A) the actual or perceived ethnicity, color,
gender, gender identity or expression, sexual orientation,
disability, religion, or national origin of the employee, student,
or student's parent; or
(B) one or more persons with whom the employee,
student, or student's parent associates; or
(2) retaliate against an employee of the district or a
student enrolled in the district for reporting potential
discrimination or harassment prohibited by Subdivision (1).
(c) This section applies to conduct that occurs:
(1) on school property;
(2) while attending a school-sponsored or
school-related activity on or off of school property; or
(3) in connection with transportation of students in a
vehicle owned or operated by a school district or owned or operated
by another entity under contract with a school district.
(d) A school district shall provide periodic training to
district employees regarding prevention of discrimination and
harassment prohibited by this section and procedures for responding
to reported or observed incidents of prohibited discrimination or
harassment. The training may be provided in conjunction with any
training provided under Section 37.083.
(e) In accordance with rules adopted by the commissioner,
each school district shall report biennially to the agency
information regarding each incident of alleged discrimination or
harassment that occurred at each campus in the district during the
preceding two school years. The agency shall include the
information, disaggregated by campus, in the comprehensive
biennial report required by Section 39.332.
SECTION 2. (a) Notwithstanding Section 11.174(e),
Education Code, as added by this Act, each school district shall
submit to the Texas Education Agency information described by that
section for the 2015-2016 school year not later than October 1,
2016, and the Texas Education Agency shall include the submitted
information in the comprehensive biennial report required by
Section 39.332, Education Code, to be submitted by the agency not
later than December 1, 2016. As authorized by Section 11.174(e),
Education Code, as added by this Act, the commissioner of education
in a timely manner shall adopt any rules necessary to implement the
deadlines specified by this subsection.
(b) Beginning with the comprehensive biennial report
required by Section 39.332, Education Code, to be submitted not
later than December 1, 2018, the Texas Education Agency shall
include information submitted by school districts in accordance
with Section 11.174(e), Education Code, as added by this Act, for
the preceding two school years.
SECTION 3. This Act applies beginning with the 2015-2016
school year.
SECTION 4. 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 September 1, 2015.