| 1 | 1 | | 85R10179 KJE-D |
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| 2 | 2 | | By: Phillips H.B. No. 1720 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to parental notice regarding an incident of lice in a |
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| 8 | 8 | | public elementary school. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 11 | 11 | | amended by adding Section 38.031 to read as follows: |
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| 12 | 12 | | Sec. 38.031. NOTICE OF LICE. (a) A school administrator or |
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| 13 | 13 | | nurse of a public elementary school who determines or otherwise |
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| 14 | 14 | | becomes aware that a child enrolled in the school has lice shall |
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| 15 | 15 | | provide written or electronic notice of that fact to: |
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| 16 | 16 | | (1) the parent of the child with lice as soon as |
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| 17 | 17 | | practicable but not later than 48 hours after the administrator or |
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| 18 | 18 | | nurse, as applicable, determines or becomes aware of that fact; and |
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| 19 | 19 | | (2) the parent of each child assigned to the same |
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| 20 | 20 | | classroom as the child with lice not later than the fifth school day |
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| 21 | 21 | | after the date on which the administrator or nurse, as applicable, |
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| 22 | 22 | | determines or becomes aware of that fact. |
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| 23 | 23 | | (b) The notice provided under Subsection (a): |
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| 24 | 24 | | (1) must include the recommendations of the Centers |
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| 25 | 25 | | for Disease Control and Prevention for the treatment and prevention |
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| 26 | 26 | | of lice; and |
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| 27 | 27 | | (2) if the notice is provided under Subsection (a)(2), |
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| 28 | 28 | | may not identify the child with lice. |
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| 29 | 29 | | (c) The commissioner shall adopt rules as necessary to |
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| 30 | 30 | | implement this section in a manner that complies with federal law |
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| 31 | 31 | | regarding confidentiality of student medical or educational |
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| 32 | 32 | | information, including the Health Insurance Portability and |
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| 33 | 33 | | Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the |
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| 34 | 34 | | Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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| 35 | 35 | | Section 1232g), and any state law relating to the privacy of student |
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| 36 | 36 | | information. |
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| 37 | 37 | | SECTION 2. This Act applies beginning with the 2017-2018 |
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| 38 | 38 | | school year. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2017. |
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