Texas 2019 - 86th Regular

Texas House Bill HB1509 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7683 KJE-D
2	2	By: Calanni H.B. No. 1509
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to consent instruction and instruction on the prevention
8	8	of sexual abuse and sex trafficking for certain public school
9	9	students.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 28, Education Code, is
12	12	amended by adding Section 28.0045 to read as follows:
13	13	Sec. 28.0045. CONSENT INSTRUCTION. (a) A school district
14	14	shall include in the district's health curriculum for students in
15	15	kindergarten through fifth grade instruction on the importance of
16	16	obtaining a person's consent before engaging in any physical
17	17	activity with that person.
18	18	(b) The State Board of Education shall adopt the essential
19	19	knowledge and skills for age-appropriate curricula to be used by a
20	20	school district in providing consent instruction under this
21	21	section.
22	22	(c) A school district shall ensure that each student in
23	23	kindergarten through fifth grade receives consent instruction
24	24	under this section at least once in each grade level, unless the
25	25	student's parent removes the student from the instruction for the
26	26	applicable grade level.
27	27	(d) Before the beginning of each school year, a school
28	28	district shall provide to the parent of each student enrolled in the
29	29	district in kindergarten through fifth grade written notice that
30	30	includes:
31	31	(1) a statement that the district will provide consent
32	32	instruction as provided by this section to students in the
33	33	applicable grade level;
34	34	(2) a description of the material that will be used in
35	35	providing instruction to those students; and
36	36	(3) a statement that the parent has the right to review
37	37	the material and remove the parent's student from the instruction.
38	38	SECTION 2. Section 28.017, Education Code, as added by
39	39	Chapter 762 (S.B. 2039), Acts of the 85th Legislature, Regular
40	40	Session, 2017, is reenacted and amended to read as follows:
41	41	Sec. 28.017. INSTRUCTION ON PREVENTION OF SEXUAL ABUSE AND
42	42	SEX TRAFFICKING. (a) The commissioner, in cooperation with [the
43	43	human trafficking prevention task force created under Section
44	44	402.035, Government Code, and] any [other] persons the commissioner
45	45	considers appropriate, shall develop one or more sexual abuse and
46	46	sex trafficking instructional modules for use by [that] a school
47	47	district as provided by this section [may use in the district's
48	48	health curriculum]. The modules may include:
49	49	(1) information on the different forms of sexual abuse
50	50	and assault, sex trafficking, and risk factors for sex trafficking;
51	51	(2) the procedures for reporting sexual abuse and sex
52	52	trafficking or suspected sexual abuse or sex trafficking;
53	53	(3) strategies for sexual abuse and assault prevention
54	54	and overcoming peer pressure;
55	55	(4) information on establishing healthy boundaries
56	56	for relationships, recognizing potentially abusive or harmful
57	57	relationships, and avoiding high-risk activities;
58	58	(5) the recruiting tactics of sex traffickers and peer
59	59	recruiters, including recruitment through the Internet;
60	60	(6) the legal aspects of sexual abuse and sex
61	61	trafficking under state and federal law; and
62	62	(7) the influence of culture and mass media on
63	63	perceptions of sexual abuse and sex trafficking, including
64	64	stereotypes and myths about victims and abusers, victim blaming,
65	65	and the role of language.
66	66	(a-1) As age-appropriate, a school district:
67	67	(1) shall use the modules developed under Subsection
68	68	(a) in the district's health curriculum for students in grade
69	69	levels 6 through 12; and
70	70	(2) may use those modules in the district's health
71	71	curriculum for students not described by Subdivision (1).
72	72	(a-2) A school district shall ensure that each student in
73	73	grade levels 9 through 12 receives age-appropriate instruction
74	74	using the modules developed under Subsection (a) at least once in
75	75	each grade level, unless the student's parent removes the student
76	76	from the instruction for the applicable grade level.
77	77	(b) The module or modules developed under Subsection (a)
78	78	must emphasize compassion for victims of sexual abuse or sex
79	79	trafficking and the creation of a positive reentry experience for
80	80	survivors of sexual abuse or sex trafficking into schools.
81	81	(c) Before the beginning of each school year, a school
82	82	district [that elects to use a module developed under Subsection
83	83	(a) in the district's health curriculum] shall provide [written
84	84	notice] to the parent of each student enrolled in the district in a
85	85	grade level for which a module developed under Subsection (a) will
86	86	be used written notice that includes [the following]:
87	87	(1) a statement that the district will provide
88	88	instruction relating to sexual abuse and sex trafficking awareness
89	89	to students in the applicable grade level [enrolled in the
90	90	district];
91	91	(2) a description of the material that will be used in
92	92	providing instruction to those students; and
93	93	(3) a statement that the parent has the right to review
94	94	the material and remove the parent's student from the instruction.
95	95	(d) If a school district does not comply with the
96	96	requirements of Subsection (c), a parent of a student enrolled in
97	97	the district may file a complaint in accordance with the district's
98	98	grievance procedure developed under Section 26.011.
99	99	SECTION 3. This Act applies beginning with the 2020-2021
100	100	school year.
101	101	SECTION 4. This Act takes effect September 1, 2019.