Texas 2017 - 85th Regular

Texas Senate Bill SB2039 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2039
	1	+	By: Zaffirini S.B. No. 2039
	2	+	(Thompson of Harris)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5		-	relating to the development ~~and use~~ of instructional modules and
6		-	~~training~~ for public schools on the prevention of sexual abuse and
7		-	~~sex~~ trafficking and participation by the human trafficking
8		-	~~prevention~~ task force in that development.
	7	+	relating to the development of instructional modules and training
	8	+	for public schools on the prevention of sexual abuse and sex
	9	+	trafficking and participation by the human trafficking prevention
	10	+	task force in that development.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subchapter A, Chapter 28, Education Code, is
11	13		amended by adding Section 28.017 to read as follows:
12	14		Sec. 28.017. INSTRUCTION ON PREVENTION OF SEXUAL ABUSE AND
13	15		SEX TRAFFICKING. (a) The commissioner, in cooperation with the
14	16		human trafficking prevention task force created under Section
15	17		402.035, Government Code, and any other persons the commissioner
16	18		considers appropriate, shall develop one or more sexual abuse and
17	19		sex trafficking instructional modules that a school district may
18	20		use in the district's health curriculum. The modules may include:
19	21		(1) information on the different forms of sexual abuse
20	22		and assault, sex trafficking, and risk factors for sex trafficking;
21	23		(2) the procedures for reporting sexual abuse and sex
22	24		trafficking or suspected sexual abuse or sex trafficking;
23	25		(3) strategies for sexual abuse and assault prevention
24	26		and overcoming peer pressure;
25	27		(4) information on establishing healthy boundaries
26	28		for relationships, recognizing potentially abusive or harmful
27	29		relationships, and avoiding high-risk activities;
28	30		(5) the recruiting tactics of sex traffickers and peer
29	31		recruiters, including recruitment through the Internet;
30	32		(6) the legal aspects of sexual abuse and sex
31	33		trafficking under state and federal law; and
32	34		(7) the influence of culture and mass media on
33	35		perceptions of sexual abuse and sex trafficking, including
34	36		stereotypes and myths about victims and abusers, victim blaming,
35	37		and the role of language.
36	38		(b) The module or modules developed under Subsection (a)
37	39		must emphasize compassion for victims of sexual abuse or sex
38	40		trafficking and the creation of a positive reentry experience for
39	41		survivors of sexual abuse or sex trafficking into schools.
40		-	(c) Before the beginning of each school year, a school
41		-	district that elects to use a module developed under Subsection (a)
42		-	in the district's health curriculum shall provide written notice to
43		-	the parent of each student enrolled in the district that includes
44		-	the following:
45		-	(1) a statement that the district will provide
46		-	instruction relating to sexual abuse and sex trafficking awareness
47		-	to students enrolled in the district;
48		-	(2) a description of the material that will be used in
49		-	providing instruction to students; and
50		-	(3) a statement that the parent has the right to review
51		-	the material and remove the parent's student from the instruction.
52		-	(d) If a school district does not comply with the
53		-	requirements of Subsection (c), a parent of a student enrolled in
54		-	the district may file a complaint in accordance with the district's
55		-	grievance procedure developed under Section 26.011.
56	42		SECTION 2. Section 38.0041, Education Code, is amended by
57	43		amending Subsections (a), (b), and (c) and adding Subsection (a-1)
58	44		to read as follows:
59	45		(a) Each school district and open-enrollment charter school
60	46		shall adopt and implement a policy addressing sexual abuse, sex
61	47		trafficking, and other maltreatment of children, to be included in
62	48		the district improvement plan under Section 11.252 and any
63	49		informational handbook provided to students and parents.
64	50		(a-1) A school district may collaborate with local law
65	51		enforcement and outside consultants with expertise in the
66	52		prevention of sexual abuse and sex trafficking to create the policy
67	53		required under Subsection (a), and to create a referral protocol
68	54		for high-risk students.
69	55		(b) A policy required by this section must address:
70	56		(1) methods for increasing staff, student, and parent
71	57		awareness of issues regarding sexual abuse, sex trafficking, and
72	58		other maltreatment of children, including prevention techniques
73	59		and knowledge of likely warning signs indicating that a child may be
74	60		a victim of sexual abuse, sex trafficking, or other maltreatment,
75	61		using resources developed by the agency under Section 38.004 or by
76	62		the commissioner under Section 28.017;
77	63		(2) actions that a child who is a victim of sexual
78	64		abuse, sex trafficking, or other maltreatment should take to obtain
79	65		assistance and intervention; and
80	66		(3) available counseling options for students
81	67		affected by sexual abuse, sex trafficking, or other maltreatment.
82	68		(c) The methods under Subsection (b)(1) for increasing
83	69		awareness of issues regarding sexual abuse, sex trafficking, and
84	70		other maltreatment of children must include training, as provided
85	71		by this subsection, concerning prevention techniques for and
86	72		recognition of sexual abuse, sex trafficking, and all other
87	73		maltreatment of children. The training:
88	74		(1) must be provided, as part of a new employee
89	75		orientation, to all new school district and open-enrollment charter
90	76		school employees and to existing district and open-enrollment
91	77		charter school employees on a schedule adopted by the agency by rule
92	78		until all district and open-enrollment charter school employees
93	79		have taken the training; and
94	80		(2) must include training concerning:
95	81		(A) factors indicating a child is at risk for
96	82		sexual abuse, sex trafficking, or other maltreatment;
97	83		(B) likely warning signs indicating a child may
98	84		be a victim of sexual abuse, sex trafficking, or other
99	85		maltreatment;
100	86		(C) internal procedures for seeking assistance
101	87		for a child who is at risk for sexual abuse, sex trafficking, or
102	88		other maltreatment, including referral to a school counselor, a
103	89		social worker, or another mental health professional;
104	90		(D) techniques for reducing a child's risk of
105	91		sexual abuse, sex trafficking, or other maltreatment; and
106	92		(E) community organizations that have relevant
107	93		existing research-based programs that are able to provide training
108	94		or other education for school district or open-enrollment charter
109	95		school staff members, students, and parents.
110	96		SECTION 3. Section 402.035(h), Government Code, is amended
111	97		to read as follows:
112	98		(h) This section expires September 1, 2019 [2017].
113	99		SECTION 4. This Act applies beginning with the 2017-2018
114	100		school year.
115	101		SECTION 5. This Act takes effect only if a specific
116	102		appropriation for the implementation of the Act is provided in a
117	103		general appropriations act of the 85th Legislature.
118	104		SECTION 6. This Act takes effect immediately if it receives
119	105		a vote of two-thirds of all the members elected to each house, as
120	106		provided by Section 39, Article III, Texas Constitution. If this
121	107		Act does not receive the vote necessary for immediate effect, this
122	108		Act takes effect September 1, 2017.
123		-	______________________________ ______________________________
124		-	President of the Senate Speaker of the House
125		-	I hereby certify that S.B. No. 2039 passed the Senate on
126		-	May 8, 2017, by the following vote: Yeas 27, Nays 4; and that the
127		-	Senate concurred in House amendment on May 28, 2017, by the
128		-	following vote: Yeas 26, Nays 5.
129		-	______________________________
130		-	Secretary of the Senate
131		-	I hereby certify that S.B. No. 2039 passed the House, with
132		-	amendment, on May 24, 2017, by the following vote: Yeas 141,
133		-	Nays 5, two present not voting.
134		-	______________________________
135		-	Chief Clerk of the House
136		-	Approved:
137		-	______________________________
138		-	Date
139		-	______________________________
140		-	Governor