86R13091 JES-F
By: Cole H.B. No. 3489
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a task force on sex-based
harassment in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0834 to read as follows:
Sec. 37.0834. TASK FORCE ON SEX-BASED HARASSMENT IN
SCHOOLS. (a) In this section:
(1) "Sex-based harassment" includes "dating
violence," "sexual assault," "sexual harassment," and "stalking,"
as those terms are defined in Section 51.9365.
(2) "Task force" means the task force on sex-based
harassment in public schools established under this section.
(3) "Title IX" means Title IX of the Education
Amendments of 1972 (20 U.S.C. Section 1681 et seq.).
(b) The agency shall establish a task force on sex-based
harassment in public schools to evaluate and provide
recommendations on:
(1) the prevalence of incidents of sex-based
harassment against students on campuses of public schools;
(2) current federal, state, and local laws and rules
related to sex-based harassment;
(3) the barriers to creation and implementation of
policies, procedures, and programs to prevent sex-based harassment
in public schools;
(4) strategies for collecting data on the prevalence
of sex-based harassment and the response by public schools to
incidents of sex-based harassment;
(5) best practices for the agency to provide guidance
and support to public schools regarding sex-based harassment;
(6) best practices for public schools providing
guidance and support to students regarding sex-based harassment;
and
(7) any other issues identified by the task force
related to sex-based harassment in public schools.
(c) The task force is composed of 15 members appointed by
the commissioner. The commissioner shall appoint:
(1) two members who represent nonprofit organizations
that focus on mental health or trauma;
(2) one member who represents a nonprofit organization
that focuses on youth;
(3) two members who represent legal advocacy nonprofit
organizations;
(4) three members who represent nonprofit
organizations that focus on gender-based or interpersonal
violence;
(5) one member who represents a nonprofit organization
that focuses on schools;
(6) two members who are school district employees or
members of a local school health advisory council;
(7) one member who has served as a Title IX coordinator
at a school district or an institution of higher education;
(8) one parent or guardian of a student enrolled in a
public school in this state;
(9) one member of the public who is under 25 years of
age; and
(10) one member who is an agency employee.
(d) The commissioner shall select one member to serve as the
presiding officer of the task force.
(e) Members of the task force serve at the will of the
commissioner. A vacancy on the task force must be filled in the same
manner as the original appointment.
(f) The task force shall meet at least four times at the call
of the presiding officer and at any other times determined by the
presiding officer.
(g) A task force member is not entitled to compensation for
service on the task force but is entitled to reimbursement for
actual and necessary expenses incurred in performing task force
duties. The task force may accept gifts, grants, and donations to
pay for those expenses.
(h) In determining best practices for public schools, the
task force must evaluate and provide recommendations related to:
(1) improving student and parent or guardian awareness
of school policies and student rights, including awareness of:
(A) how to access information about a school
district's sex-based harassment policy;
(B) how to report sex-based harassment,
including how to contact a school district's Title IX coordinator;
(C) investigation procedures and associated
rights and policies for the accused and complainant in sex-based
harassment incidents;
(D) counseling and mental health services
available on campus or by referral to off-campus resources for
students who experience sex-based harassment; and
(E) accommodations available to support students
who experience sex-based harassment; and
(2) school district policies and procedures,
including:
(A) providing information to students,
guardians, school employees, and members of the public in languages
prevalent in the school district on the district's sex-based
harassment policies and procedures and contact information for each
school's Title IX coordinator;
(B) professional development training for school
district employees that includes:
(i) training in trauma-informed practices;
(ii) information relating to the contents
of Title IX regarding sex-based harassment;
(iii) reporting and investigation
procedures, including the referral of a student or parent or
guardian to the Title IX coordinator; and
(iv) any other training relevant to the
implementation of Title IX in public schools;
(C) hearing procedures for ensuring due process
for a person who experiences sex-based harassment and a person
accused of sex-based harassment;
(D) providing trauma-informed counseling or
mental health services on public school campuses or referring
students to off-campus mental health services;
(E) enabling public schools to evaluate the need
for and provide necessary academic or other accommodations to
students affected by sex-based harassment; and
(F) any other issues identified by the task force
regarding sex-based harassment and the implementation of Title IX
in public schools.
(i) The agency, using existing resources, shall provide
administrative support for the task force.
(j) Not later than August 31, 2020, the task force shall
submit a written report to the governor, the lieutenant governor,
the speaker of the house of representatives, and the commissioner
that includes the task force's findings and recommendations,
including any recommended changes to state law.
(k) The task force is abolished and this section expires on
June 1, 2021.
SECTION 2. Not later than December 1, 2019, the
commissioner of education shall appoint the members of the task
force established under Section 37.0834, Education Code, as added
by this Act.
SECTION 3. 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, 2019.