| 1 | 1 | | 87R5042 KJE-D |
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| 2 | 2 | | By: Thierry H.B. No. 1113 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to staff development for public school employees in |
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| 8 | 8 | | cultural competence and implicit bias and to discrimination on the |
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| 9 | 9 | | basis of hair texture or protective hairstyle associated with race. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter Z, Chapter 22, Education Code, is |
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| 12 | 12 | | amended by adding Section 22.903 to read as follows: |
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| 13 | 13 | | Sec. 22.903. STAFF DEVELOPMENT IN CULTURAL COMPETENCE AND |
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| 14 | 14 | | IMPLICIT BIAS. (a) In this section: |
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| 15 | 15 | | (1) "Cultural competence" means the ability to address |
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| 16 | 16 | | the educational needs of individuals from diverse backgrounds |
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| 17 | 17 | | effectively by applying knowledge, empathy, and insight into the |
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| 18 | 18 | | views on education that those backgrounds present. |
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| 19 | 19 | | (2) "Implicit bias" means: |
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| 20 | 20 | | (A) bias in judgment or behavior that results |
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| 21 | 21 | | from subtle cognitive processes, including implicit attitudes and |
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| 22 | 22 | | implicit stereotypes, that often operate at a level below conscious |
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| 23 | 23 | | awareness and without intentional control; or |
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| 24 | 24 | | (B) implicit attitudes and stereotypes that |
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| 25 | 25 | | result in beliefs or simple associations that a person makes |
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| 26 | 26 | | between an object and its evaluation that are automatically |
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| 27 | 27 | | activated by the mere presence, actual or symbolic, of the attitude |
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| 28 | 28 | | object. |
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| 29 | 29 | | (b) At least once every two years, a school district or |
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| 30 | 30 | | open-enrollment charter school shall provide staff development in |
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| 31 | 31 | | cultural competence and implicit bias to employees of the district |
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| 32 | 32 | | or school who regularly interact with students. |
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| 33 | 33 | | (c) The staff development required under Subsection (b) |
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| 34 | 34 | | must include a discussion of cultural competence and implicit bias |
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| 35 | 35 | | with respect to student discipline. |
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| 36 | 36 | | SECTION 2. Subchapter Z, Chapter 25, Education Code, is |
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| 37 | 37 | | amended by adding Section 25.902 to read as follows: |
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| 38 | 38 | | Sec. 25.902. PROHIBITION ON CERTAIN DISCRIMINATION IN |
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| 39 | 39 | | STUDENT DRESS OR GROOMING POLICY. (a) In this section, "protective |
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| 40 | 40 | | hairstyle" includes braids, locks, and twists. |
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| 41 | 41 | | (b) Any student dress or grooming policy adopted by a public |
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| 42 | 42 | | school, including a student dress or grooming policy for any |
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| 43 | 43 | | extracurricular activity, may not discriminate against a hair |
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| 44 | 44 | | texture or protective hairstyle commonly or historically |
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| 45 | 45 | | associated with race. |
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| 46 | 46 | | SECTION 3. Subchapter Z, Chapter 51, Education Code, is |
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| 47 | 47 | | amended by adding Section 51.979 to read as follows: |
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| 48 | 48 | | Sec. 51.979. PROHIBITION ON CERTAIN DISCRIMINATION IN |
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| 49 | 49 | | STUDENT DRESS OR GROOMING POLICY. (a) In this section: |
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| 50 | 50 | | (1) "Institution of higher education" has the meaning |
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| 51 | 51 | | assigned by Section 61.003. |
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| 52 | 52 | | (2) "Protective hairstyle" includes braids, locks, |
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| 53 | 53 | | and twists. |
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| 54 | 54 | | (b) Any student dress or grooming policy adopted by an |
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| 55 | 55 | | institution of higher education, including a student dress or |
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| 56 | 56 | | grooming policy for any extracurricular activity, may not |
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| 57 | 57 | | discriminate against a hair texture or protective hairstyle |
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| 58 | 58 | | commonly or historically associated with race. |
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| 59 | 59 | | SECTION 4. Subchapter C, Chapter 21, Labor Code, is amended |
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| 60 | 60 | | by adding Section 21.1095 to read as follows: |
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| 61 | 61 | | Sec. 21.1095. RACIAL DISCRIMINATION BASED ON HAIR TEXTURE |
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| 62 | 62 | | OR PROTECTIVE HAIRSTYLE. (a) In this section, "protective |
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| 63 | 63 | | hairstyle" includes braids, locks, and twists. |
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| 64 | 64 | | (b) A provision in this chapter referring to discrimination |
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| 65 | 65 | | because of race or on the basis of race includes discrimination |
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| 66 | 66 | | because of or on the basis of an employee's hair texture or |
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| 67 | 67 | | protective hairstyle commonly or historically associated with |
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| 68 | 68 | | race. |
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| 69 | 69 | | (c) An employer, labor union, or employment agency commits |
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| 70 | 70 | | an unlawful employment practice if the employer, labor union, or |
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| 71 | 71 | | employment agency adopts or enforces a dress or grooming policy |
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| 72 | 72 | | that discriminates against a hair texture or protective hairstyle |
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| 73 | 73 | | commonly or historically associated with race. |
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| 74 | 74 | | SECTION 5. Each school district or open-enrollment charter |
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| 75 | 75 | | school shall provide the initial staff development required under |
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| 76 | 76 | | Section 22.903, Education Code, as added by this Act, not later than |
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| 77 | 77 | | June 1, 2022. |
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| 78 | 78 | | SECTION 6. Section 21.1095, Labor Code, as added by this |
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| 79 | 79 | | Act, applies only to an unlawful employment practice that occurs on |
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| 80 | 80 | | or after the effective date of this Act. |
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| 81 | 81 | | SECTION 7. This Act takes effect September 1, 2021. |
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