S.B. No. 2039
AN ACT
relating to the development and use of instructional modules and
training for public schools on the prevention of sexual abuse and
sex trafficking and participation by the human trafficking
prevention task force in that development.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.017 to read as follows:
Sec. 28.017. INSTRUCTION ON PREVENTION OF SEXUAL ABUSE AND
SEX TRAFFICKING. (a) The commissioner, in cooperation with the
human trafficking prevention task force created under Section
402.035, Government Code, and any other persons the commissioner
considers appropriate, shall develop one or more sexual abuse and
sex trafficking instructional modules that a school district may
use in the district's health curriculum. The modules may include:
(1) information on the different forms of sexual abuse
and assault, sex trafficking, and risk factors for sex trafficking;
(2) the procedures for reporting sexual abuse and sex
trafficking or suspected sexual abuse or sex trafficking;
(3) strategies for sexual abuse and assault prevention
and overcoming peer pressure;
(4) information on establishing healthy boundaries
for relationships, recognizing potentially abusive or harmful
relationships, and avoiding high-risk activities;
(5) the recruiting tactics of sex traffickers and peer
recruiters, including recruitment through the Internet;
(6) the legal aspects of sexual abuse and sex
trafficking under state and federal law; and
(7) the influence of culture and mass media on
perceptions of sexual abuse and sex trafficking, including
stereotypes and myths about victims and abusers, victim blaming,
and the role of language.
(b) The module or modules developed under Subsection (a)
must emphasize compassion for victims of sexual abuse or sex
trafficking and the creation of a positive reentry experience for
survivors of sexual abuse or sex trafficking into schools.
(c) Before the beginning of each school year, a school
district that elects to use a module developed under Subsection (a)
in the district's health curriculum shall provide written notice to
the parent of each student enrolled in the district that includes
the following:
(1) a statement that the district will provide
instruction relating to sexual abuse and sex trafficking awareness
to students enrolled in the district;
(2) a description of the material that will be used in
providing instruction to students; and
(3) a statement that the parent has the right to review
the material and remove the parent's student from the instruction.
(d) If a school district does not comply with the
requirements of Subsection (c), a parent of a student enrolled in
the district may file a complaint in accordance with the district's
grievance procedure developed under Section 26.011.
SECTION 2. Section 38.0041, Education Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (a-1)
to read as follows:
(a) Each school district and open-enrollment charter school
shall adopt and implement a policy addressing sexual abuse, sex
trafficking, and other maltreatment of children, to be included in
the district improvement plan under Section 11.252 and any
informational handbook provided to students and parents.
(a-1) A school district may collaborate with local law
enforcement and outside consultants with expertise in the
prevention of sexual abuse and sex trafficking to create the policy
required under Subsection (a), and to create a referral protocol
for high-risk students.
(b) A policy required by this section must address:
(1) methods for increasing staff, student, and parent
awareness of issues regarding sexual abuse, sex trafficking, and
other maltreatment of children, including prevention techniques
and knowledge of likely warning signs indicating that a child may be
a victim of sexual abuse, sex trafficking, or other maltreatment,
using resources developed by the agency under Section 38.004 or by
the commissioner under Section 28.017;
(2) actions that a child who is a victim of sexual
abuse, sex trafficking, or other maltreatment should take to obtain
assistance and intervention; and
(3) available counseling options for students
affected by sexual abuse, sex trafficking, or other maltreatment.
(c) The methods under Subsection (b)(1) for increasing
awareness of issues regarding sexual abuse, sex trafficking, and
other maltreatment of children must include training, as provided
by this subsection, concerning prevention techniques for and
recognition of sexual abuse, sex trafficking, and all other
maltreatment of children. The training:
(1) must be provided, as part of a new employee
orientation, to all new school district and open-enrollment charter
school employees and to existing district and open-enrollment
charter school employees on a schedule adopted by the agency by rule
until all district and open-enrollment charter school employees
have taken the training; and
(2) must include training concerning:
(A) factors indicating a child is at risk for
sexual abuse, sex trafficking, or other maltreatment;
(B) likely warning signs indicating a child may
be a victim of sexual abuse, sex trafficking, or other
maltreatment;
(C) internal procedures for seeking assistance
for a child who is at risk for sexual abuse, sex trafficking, or
other maltreatment, including referral to a school counselor, a
social worker, or another mental health professional;
(D) techniques for reducing a child's risk of
sexual abuse, sex trafficking, or other maltreatment; and
(E) community organizations that have relevant
existing research-based programs that are able to provide training
or other education for school district or open-enrollment charter
school staff members, students, and parents.
SECTION 3. Section 402.035(h), Government Code, is amended
to read as follows:
(h) This section expires September 1, 2019 [2017].
SECTION 4. This Act applies beginning with the 2017-2018
school year.
SECTION 5. This Act takes effect only if a specific
appropriation for the implementation of the Act is provided in a
general appropriations act of the 85th Legislature.
SECTION 6. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2039 passed the Senate on
May 8, 2017, by the following vote: Yeas 27, Nays 4; and that the
Senate concurred in House amendment on May 28, 2017, by the
following vote: Yeas 26, Nays 5.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2039 passed the House, with
amendment, on May 24, 2017, by the following vote: Yeas 141,
Nays 5, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor