| 1 | 1 | | 84R1867 KKA-F |
|---|
| 2 | 2 | | By: González H.B. No. 70 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to prevention of discrimination and harassment in public |
|---|
| 8 | 8 | | schools. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter D, Chapter 11, Education Code, is |
|---|
| 11 | 11 | | amended by adding Section 11.174 to read as follows: |
|---|
| 12 | 12 | | Sec. 11.174. DISCRIMINATION, HARASSMENT, AND RETALIATION |
|---|
| 13 | 13 | | PROHIBITED. (a) In this section: |
|---|
| 14 | 14 | | (1) "Gender identity or expression" means a person's |
|---|
| 15 | 15 | | having, or being perceived as having, a gender-related identity, |
|---|
| 16 | 16 | | appearance, expression, or behavior, whether or not that identity, |
|---|
| 17 | 17 | | appearance, expression, or behavior is different from that commonly |
|---|
| 18 | 18 | | associated with the person's assigned sex at birth. |
|---|
| 19 | 19 | | (2) "Sexual orientation" means the actual or perceived |
|---|
| 20 | 20 | | status of an individual with respect to the individual's sexuality. |
|---|
| 21 | 21 | | (b) A school district or employee of a school district may |
|---|
| 22 | 22 | | not: |
|---|
| 23 | 23 | | (1) discriminate against or harass an employee of the |
|---|
| 24 | 24 | | district or a student enrolled in the district on account of: |
|---|
| 25 | 25 | | (A) the actual or perceived ethnicity, color, |
|---|
| 26 | 26 | | gender, gender identity or expression, sexual orientation, |
|---|
| 27 | 27 | | disability, religion, or national origin of the employee, student, |
|---|
| 28 | 28 | | or student's parent; or |
|---|
| 29 | 29 | | (B) one or more persons with whom the employee, |
|---|
| 30 | 30 | | student, or student's parent associates; or |
|---|
| 31 | 31 | | (2) retaliate against an employee of the district or a |
|---|
| 32 | 32 | | student enrolled in the district for reporting potential |
|---|
| 33 | 33 | | discrimination or harassment prohibited by Subdivision (1). |
|---|
| 34 | 34 | | (c) This section applies to conduct that occurs: |
|---|
| 35 | 35 | | (1) on school property; |
|---|
| 36 | 36 | | (2) while attending a school-sponsored or |
|---|
| 37 | 37 | | school-related activity on or off of school property; or |
|---|
| 38 | 38 | | (3) in connection with transportation of students in a |
|---|
| 39 | 39 | | vehicle owned or operated by a school district or owned or operated |
|---|
| 40 | 40 | | by another entity under contract with a school district. |
|---|
| 41 | 41 | | (d) A school district shall provide periodic training to |
|---|
| 42 | 42 | | district employees regarding prevention of discrimination and |
|---|
| 43 | 43 | | harassment prohibited by this section and procedures for responding |
|---|
| 44 | 44 | | to reported or observed incidents of prohibited discrimination or |
|---|
| 45 | 45 | | harassment. The training may be provided in conjunction with any |
|---|
| 46 | 46 | | training provided under Section 37.083. |
|---|
| 47 | 47 | | (e) In accordance with rules adopted by the commissioner, |
|---|
| 48 | 48 | | each school district shall report biennially to the agency |
|---|
| 49 | 49 | | information regarding each incident of alleged discrimination or |
|---|
| 50 | 50 | | harassment that occurred at each campus in the district during the |
|---|
| 51 | 51 | | preceding two school years. The agency shall include the |
|---|
| 52 | 52 | | information, disaggregated by campus, in the comprehensive |
|---|
| 53 | 53 | | biennial report required by Section 39.332. |
|---|
| 54 | 54 | | SECTION 2. (a) Notwithstanding Section 11.174(e), |
|---|
| 55 | 55 | | Education Code, as added by this Act, each school district shall |
|---|
| 56 | 56 | | submit to the Texas Education Agency information described by that |
|---|
| 57 | 57 | | section for the 2015-2016 school year not later than October 1, |
|---|
| 58 | 58 | | 2016, and the Texas Education Agency shall include the submitted |
|---|
| 59 | 59 | | information in the comprehensive biennial report required by |
|---|
| 60 | 60 | | Section 39.332, Education Code, to be submitted by the agency not |
|---|
| 61 | 61 | | later than December 1, 2016. As authorized by Section 11.174(e), |
|---|
| 62 | 62 | | Education Code, as added by this Act, the commissioner of education |
|---|
| 63 | 63 | | in a timely manner shall adopt any rules necessary to implement the |
|---|
| 64 | 64 | | deadlines specified by this subsection. |
|---|
| 65 | 65 | | (b) Beginning with the comprehensive biennial report |
|---|
| 66 | 66 | | required by Section 39.332, Education Code, to be submitted not |
|---|
| 67 | 67 | | later than December 1, 2018, the Texas Education Agency shall |
|---|
| 68 | 68 | | include information submitted by school districts in accordance |
|---|
| 69 | 69 | | with Section 11.174(e), Education Code, as added by this Act, for |
|---|
| 70 | 70 | | the preceding two school years. |
|---|
| 71 | 71 | | SECTION 3. This Act applies beginning with the 2015-2016 |
|---|
| 72 | 72 | | school year. |
|---|
| 73 | 73 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 77 | 77 | | Act takes effect September 1, 2015. |
|---|