87R5042 KJE-D
By: Thierry H.B. No. 1113
A BILL TO BE ENTITLED
AN ACT
relating to staff development for public school employees in
cultural competence and implicit bias and to discrimination on the
basis of hair texture or protective hairstyle associated with race.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 22, Education Code, is
amended by adding Section 22.903 to read as follows:
Sec. 22.903. STAFF DEVELOPMENT IN CULTURAL COMPETENCE AND
IMPLICIT BIAS. (a) In this section:
(1) "Cultural competence" means the ability to address
the educational needs of individuals from diverse backgrounds
effectively by applying knowledge, empathy, and insight into the
views on education that those backgrounds present.
(2) "Implicit bias" means:
(A) bias in judgment or behavior that results
from subtle cognitive processes, including implicit attitudes and
implicit stereotypes, that often operate at a level below conscious
awareness and without intentional control; or
(B) implicit attitudes and stereotypes that
result in beliefs or simple associations that a person makes
between an object and its evaluation that are automatically
activated by the mere presence, actual or symbolic, of the attitude
object.
(b) At least once every two years, a school district or
open-enrollment charter school shall provide staff development in
cultural competence and implicit bias to employees of the district
or school who regularly interact with students.
(c) The staff development required under Subsection (b)
must include a discussion of cultural competence and implicit bias
with respect to student discipline.
SECTION 2. Subchapter Z, Chapter 25, Education Code, is
amended by adding Section 25.902 to read as follows:
Sec. 25.902. PROHIBITION ON CERTAIN DISCRIMINATION IN
STUDENT DRESS OR GROOMING POLICY. (a) In this section, "protective
hairstyle" includes braids, locks, and twists.
(b) Any student dress or grooming policy adopted by a public
school, including a student dress or grooming policy for any
extracurricular activity, may not discriminate against a hair
texture or protective hairstyle commonly or historically
associated with race.
SECTION 3. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.979 to read as follows:
Sec. 51.979. PROHIBITION ON CERTAIN DISCRIMINATION IN
STUDENT DRESS OR GROOMING POLICY. (a) In this section:
(1) "Institution of higher education" has the meaning
assigned by Section 61.003.
(2) "Protective hairstyle" includes braids, locks,
and twists.
(b) Any student dress or grooming policy adopted by an
institution of higher education, including a student dress or
grooming policy for any extracurricular activity, may not
discriminate against a hair texture or protective hairstyle
commonly or historically associated with race.
SECTION 4. Subchapter C, Chapter 21, Labor Code, is amended
by adding Section 21.1095 to read as follows:
Sec. 21.1095. RACIAL DISCRIMINATION BASED ON HAIR TEXTURE
OR PROTECTIVE HAIRSTYLE. (a) In this section, "protective
hairstyle" includes braids, locks, and twists.
(b) A provision in this chapter referring to discrimination
because of race or on the basis of race includes discrimination
because of or on the basis of an employee's hair texture or
protective hairstyle commonly or historically associated with
race.
(c) An employer, labor union, or employment agency commits
an unlawful employment practice if the employer, labor union, or
employment agency adopts or enforces a dress or grooming policy
that discriminates against a hair texture or protective hairstyle
commonly or historically associated with race.
SECTION 5. Each school district or open-enrollment charter
school shall provide the initial staff development required under
Section 22.903, Education Code, as added by this Act, not later than
June 1, 2022.
SECTION 6. Section 21.1095, Labor Code, as added by this
Act, applies only to an unlawful employment practice that occurs on
or after the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2021.