By: West S.B. No. 9
(In the Senate - Filed July 9, 2021; July 9, 2021, read
first time and referred to Committee on Jurisprudence;
July 13, 2021, reported favorably by the following vote: Yeas 4,
Nays 0; July 13, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to requiring public schools to provide instruction and
materials and adopt policies relating to the prevention of child
abuse, family violence, and dating violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Christine Blubaugh
Act.
SECTION 2. Section 28.002, Education Code, is amended by
adding Subsections (u), (u-1), (u-2), and (u-3) to read as follows:
(u) The State Board of Education shall adopt rules requiring
students to receive instruction on the prevention of child abuse,
family violence, and dating violence at least once in middle or
junior high school and at least once in high school. The
instruction must include information on:
(1) the dating violence policy adopted by the
student's school district under Section 37.0831;
(2) the prevalence of dating violence and the
recognition of abuse warning signs;
(3) the procedures for reporting violence or abuse;
and
(4) educational materials or resources available to
students under Section 37.0831(c).
(u-1) Before each school year, a school district shall
provide written notice as described by Subsection (u-2) to a parent
of each student enrolled in the district who will receive:
(1) the instruction required by Subsection (u); or
(2) any other instruction required by state law
relating to the prevention of child abuse, family violence, and
dating violence.
(u-2) The written notice required by Subsection (u-1) must
include:
(1) a statement that the district will provide
instruction to the parent's student relating to the prevention of
child abuse, family violence, and dating violence;
(2) a description of:
(A) the curriculum materials that will be used in
providing instruction to the parent's student relating to the
prevention of child abuse, family violence, and dating violence;
and
(B) the educational materials and resources
described by Section 37.0831(c); and
(3) a statement of the parent's right to:
(A) review the materials and resources described
by Subdivision (2); and
(B) remove the student from instruction relating
to the prevention of child abuse, family violence, and dating
violence without subjecting the student to any disciplinary action,
academic penalty, or other sanction imposed by the district or the
student's school.
(u-3) If a school district does not comply with the
requirements of Subsections (u-1) and (u-2), a parent of a student
enrolled in the district may file a complaint in accordance with the
district's grievance procedure adopted as required by Section
26.011.
SECTION 3. The heading to Section 37.0831, Education Code,
is amended to read as follows:
Sec. 37.0831. DATING VIOLENCE POLICIES; EDUCATIONAL
MATERIALS AND RESOURCES.
SECTION 4. Section 37.0831, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A dating violence policy must:
(1) include:
(A) a definition of dating violence that includes
the intentional use of physical, sexual, verbal, or emotional abuse
by a person to harm, threaten, intimidate, or control another
person in a dating relationship, as defined by Section 71.0021,
Family Code;
(B) a clear statement that dating violence is not
tolerated at school;
(C) reporting procedures and guidelines for
students who are victims of dating violence; and
(D) information regarding the instruction on the
prevention of dating violence required under Section 28.002(u); and
(2) address safety planning, enforcement of
protective orders, school-based alternatives to protective orders,
training for teachers and administrators at each district campus
that instructs students in grade six or higher, counseling for
affected students, and awareness education for students and
parents.
(c) To the extent possible, a school district shall make
available to students:
(1) age-appropriate educational materials that
include information on the dangers of dating violence; and
(2) resources to students seeking help.
SECTION 5. This Act applies beginning with the 2021-2022
school year.
SECTION 6. 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 on the 91st day after the last day of the
legislative session.
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