86R7683 KJE-D
By: Calanni H.B. No. 1509
A BILL TO BE ENTITLED
AN ACT
relating to consent instruction and instruction on the prevention
of sexual abuse and sex trafficking for certain public school
students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0045 to read as follows:
Sec. 28.0045. CONSENT INSTRUCTION. (a) A school district
shall include in the district's health curriculum for students in
kindergarten through fifth grade instruction on the importance of
obtaining a person's consent before engaging in any physical
activity with that person.
(b) The State Board of Education shall adopt the essential
knowledge and skills for age-appropriate curricula to be used by a
school district in providing consent instruction under this
section.
(c) A school district shall ensure that each student in
kindergarten through fifth grade receives consent instruction
under this section at least once in each grade level, unless the
student's parent removes the student from the instruction for the
applicable grade level.
(d) Before the beginning of each school year, a school
district shall provide to the parent of each student enrolled in the
district in kindergarten through fifth grade written notice that
includes:
(1) a statement that the district will provide consent
instruction as provided by this section to students in the
applicable grade level;
(2) a description of the material that will be used in
providing instruction to those students; and
(3) a statement that the parent has the right to review
the material and remove the parent's student from the instruction.
SECTION 2. Section 28.017, Education Code, as added by
Chapter 762 (S.B. 2039), Acts of the 85th Legislature, Regular
Session, 2017, is reenacted and amended 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 for use by [that] a school
district as provided by this section [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.
(a-1) As age-appropriate, a school district:
(1) shall use the modules developed under Subsection
(a) in the district's health curriculum for students in grade
levels 6 through 12; and
(2) may use those modules in the district's health
curriculum for students not described by Subdivision (1).
(a-2) A school district shall ensure that each student in
grade levels 9 through 12 receives age-appropriate instruction
using the modules developed under Subsection (a) at least once in
each grade level, unless the student's parent removes the student
from the instruction for the applicable grade level.
(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 in a
grade level for which a module developed under Subsection (a) will
be used written notice that includes [the following]:
(1) a statement that the district will provide
instruction relating to sexual abuse and sex trafficking awareness
to students in the applicable grade level [enrolled in the
district];
(2) a description of the material that will be used in
providing instruction to those 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 3. This Act applies beginning with the 2020-2021
school year.
SECTION 4. This Act takes effect September 1, 2019.