Texas 2019 - 86th Regular

Texas House Bill HB3489 Compare Versions

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

Old	New	Differences
1	1	86R13091 JES-F
2	2	By: Cole H.B. No. 3489
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a task force on sex-based
8	8	harassment in public schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 37, Education Code, is
11	11	amended by adding Section 37.0834 to read as follows:
12	12	Sec. 37.0834. TASK FORCE ON SEX-BASED HARASSMENT IN
13	13	SCHOOLS. (a) In this section:
14	14	(1) "Sex-based harassment" includes "dating
15	15	violence," "sexual assault," "sexual harassment," and "stalking,"
16	16	as those terms are defined in Section 51.9365.
17	17	(2) "Task force" means the task force on sex-based
18	18	harassment in public schools established under this section.
19	19	(3) "Title IX" means Title IX of the Education
20	20	Amendments of 1972 (20 U.S.C. Section 1681 et seq.).
21	21	(b) The agency shall establish a task force on sex-based
22	22	harassment in public schools to evaluate and provide
23	23	recommendations on:
24	24	(1) the prevalence of incidents of sex-based
25	25	harassment against students on campuses of public schools;
26	26	(2) current federal, state, and local laws and rules
27	27	related to sex-based harassment;
28	28	(3) the barriers to creation and implementation of
29	29	policies, procedures, and programs to prevent sex-based harassment
30	30	in public schools;
31	31	(4) strategies for collecting data on the prevalence
32	32	of sex-based harassment and the response by public schools to
33	33	incidents of sex-based harassment;
34	34	(5) best practices for the agency to provide guidance
35	35	and support to public schools regarding sex-based harassment;
36	36	(6) best practices for public schools providing
37	37	guidance and support to students regarding sex-based harassment;
38	38	and
39	39	(7) any other issues identified by the task force
40	40	related to sex-based harassment in public schools.
41	41	(c) The task force is composed of 15 members appointed by
42	42	the commissioner. The commissioner shall appoint:
43	43	(1) two members who represent nonprofit organizations
44	44	that focus on mental health or trauma;
45	45	(2) one member who represents a nonprofit organization
46	46	that focuses on youth;
47	47	(3) two members who represent legal advocacy nonprofit
48	48	organizations;
49	49	(4) three members who represent nonprofit
50	50	organizations that focus on gender-based or interpersonal
51	51	violence;
52	52	(5) one member who represents a nonprofit organization
53	53	that focuses on schools;
54	54	(6) two members who are school district employees or
55	55	members of a local school health advisory council;
56	56	(7) one member who has served as a Title IX coordinator
57	57	at a school district or an institution of higher education;
58	58	(8) one parent or guardian of a student enrolled in a
59	59	public school in this state;
60	60	(9) one member of the public who is under 25 years of
61	61	age; and
62	62	(10) one member who is an agency employee.
63	63	(d) The commissioner shall select one member to serve as the
64	64	presiding officer of the task force.
65	65	(e) Members of the task force serve at the will of the
66	66	commissioner. A vacancy on the task force must be filled in the same
67	67	manner as the original appointment.
68	68	(f) The task force shall meet at least four times at the call
69	69	of the presiding officer and at any other times determined by the
70	70	presiding officer.
71	71	(g) A task force member is not entitled to compensation for
72	72	service on the task force but is entitled to reimbursement for
73	73	actual and necessary expenses incurred in performing task force
74	74	duties. The task force may accept gifts, grants, and donations to
75	75	pay for those expenses.
76	76	(h) In determining best practices for public schools, the
77	77	task force must evaluate and provide recommendations related to:
78	78	(1) improving student and parent or guardian awareness
79	79	of school policies and student rights, including awareness of:
80	80	(A) how to access information about a school
81	81	district's sex-based harassment policy;
82	82	(B) how to report sex-based harassment,
83	83	including how to contact a school district's Title IX coordinator;
84	84	(C) investigation procedures and associated
85	85	rights and policies for the accused and complainant in sex-based
86	86	harassment incidents;
87	87	(D) counseling and mental health services
88	88	available on campus or by referral to off-campus resources for
89	89	students who experience sex-based harassment; and
90	90	(E) accommodations available to support students
91	91	who experience sex-based harassment; and
92	92	(2) school district policies and procedures,
93	93	including:
94	94	(A) providing information to students,
95	95	guardians, school employees, and members of the public in languages
96	96	prevalent in the school district on the district's sex-based
97	97	harassment policies and procedures and contact information for each
98	98	school's Title IX coordinator;
99	99	(B) professional development training for school
100	100	district employees that includes:
101	101	(i) training in trauma-informed practices;
102	102	(ii) information relating to the contents
103	103	of Title IX regarding sex-based harassment;
104	104	(iii) reporting and investigation
105	105	procedures, including the referral of a student or parent or
106	106	guardian to the Title IX coordinator; and
107	107	(iv) any other training relevant to the
108	108	implementation of Title IX in public schools;
109	109	(C) hearing procedures for ensuring due process
110	110	for a person who experiences sex-based harassment and a person
111	111	accused of sex-based harassment;
112	112	(D) providing trauma-informed counseling or
113	113	mental health services on public school campuses or referring
114	114	students to off-campus mental health services;
115	115	(E) enabling public schools to evaluate the need
116	116	for and provide necessary academic or other accommodations to
117	117	students affected by sex-based harassment; and
118	118	(F) any other issues identified by the task force
119	119	regarding sex-based harassment and the implementation of Title IX
120	120	in public schools.
121	121	(i) The agency, using existing resources, shall provide
122	122	administrative support for the task force.
123	123	(j) Not later than August 31, 2020, the task force shall
124	124	submit a written report to the governor, the lieutenant governor,
125	125	the speaker of the house of representatives, and the commissioner
126	126	that includes the task force's findings and recommendations,
127	127	including any recommended changes to state law.
128	128	(k) The task force is abolished and this section expires on
129	129	June 1, 2021.
130	130	SECTION 2. Not later than December 1, 2019, the
131	131	commissioner of education shall appoint the members of the task
132	132	force established under Section 37.0834, Education Code, as added
133	133	by this Act.
134	134	SECTION 3. This Act takes effect immediately if it receives
135	135	a vote of two-thirds of all the members elected to each house, as
136	136	provided by Section 39, Article III, Texas Constitution. If this
137	137	Act does not receive the vote necessary for immediate effect, this
138	138	Act takes effect September 1, 2019.