Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB9 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 9
	1	+	87S21464 GCB-D
	2	+	By: Huffman, et al. S.B. No. 9
	3	+	(Dutton, Anchia)
	4	+	Substitute the following for S.B. No. 9: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to public school instruction and materials regarding the
6		-	prevention of child abuse, family violence, dating violence, and
7		-	sex trafficking and the adoption of public school policies to
8		-	prevent dating violence.
	10	+	prevention of child abuse, family violence, and dating violence and
	11	+	the adoption of public school policies to prevent dating violence.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. This Act may be cited as the Christine Blubaugh
11	14		Act.
12	15		SECTION 2. Section 28.004, Education Code, as effective
13	16		September 1, 2021, is amended by amending Subsections (c) and (j)
14	17		and adding Subsections (j-2), (q), (q-1), (q-2), (q-3), (q-4),
15	18		(q-5), and (q-6) to read as follows:
16	19		(c) The local school health advisory council's duties
17	20		include recommending:
18	21		(1) the number of hours of instruction to be provided
19	22		in:
20	23		(A) health education in kindergarten through
21	24		grade eight; and
22	25		(B) if the school district requires health
23	26		education for high school graduation, health education, including
24	27		physical health education and mental health education, in grades 9
25	28		through 12;
26	29		(2) policies, procedures, strategies, and curriculum
27	30		appropriate for specific grade levels designed to prevent physical
28	31		health concerns, including obesity, cardiovascular disease, Type 2
29	32		diabetes, and mental health concerns, including suicide, through
30	33		coordination of:
31	34		(A) health education, which must address
32	35		physical health concerns and mental health concerns to ensure the
33	36		integration of physical health education and mental health
34	37		education;
35	38		(B) physical education and physical activity;
36	39		(C) nutrition services;
37	40		(D) parental involvement;
38	41		(E) instruction on substance abuse prevention;
39	42		(F) school health services, including mental
40	43		health services;
41	44		(G) a comprehensive school counseling program
42	45		under Section 33.005;
43	46		(H) a safe and healthy school environment; and
44	47		(I) school employee wellness;
45	48		(3) appropriate grade levels and methods of
46	49		instruction for human sexuality instruction;
47	50		(4) strategies for integrating the curriculum
48	51		components specified by Subdivision (2) with the following elements
49	52		in a coordinated school health program for the district:
50	53		(A) school health services, including physical
51	54		health services and mental health services, if provided at a campus
52	55		by the district or by a third party under a contract with the
53	56		district;
54	57		(B) a comprehensive school counseling program
55	58		under Section 33.005;
56	59		(C) a safe and healthy school environment; and
57	60		(D) school employee wellness;
58	61		(5) if feasible, joint use agreements or strategies
59	62		for collaboration between the school district and community
60	63		organizations or agencies;
61	64		(6) strategies to increase parental awareness
62	65		regarding:
63	66		(A) risky behaviors and early warning signs of
64	67		suicide risks and behavioral health concerns, including mental
65	68		health disorders and substance use disorders; and
66	69		(B) available community programs and services
67	70		that address risky behaviors, suicide risks, and behavioral health
68	71		concerns; [and]
69	72		(7) appropriate grade levels and curriculum for
70	73		instruction regarding opioid addiction and abuse and methods of
71	74		administering an opioid antagonist, as defined by Section 483.101,
72	75		Health and Safety Code; and
73	76		(8) appropriate grade levels and curriculum for
74		-	instruction regarding child abuse, family violence, dating
75		-	violence, and sex trafficking, including likely warning signs that
76		-	a child may be at risk for sex trafficking, provided that the local
77		-	school health advisory council's recommendations under this
78		-	subdivision do not conflict with the essential knowledge and skills
79		-	developed by the State Board of Education under this subchapter.
	77	+	instruction regarding child abuse, family violence, and dating
	78	+	violence.
80	79		(j) A school district shall make all curriculum materials
81	80		used in the district's human sexuality instruction or instruction
82		-	relating to the prevention of child abuse, family violence, ~~dating~~
83		-	violence~~, and sex trafficking~~, available by:
	81	+	relating to the prevention of child abuse, family violence, and
	82	+	dating violence, available by:
84	83		(1) for curriculum materials in the public domain:
85	84		(A) providing a copy of the curriculum materials
86	85		by mail or e-mail to a parent of a student enrolled in the district
87	86		on the parent's request; and
88	87		(B) posting the curriculum materials on the
89	88		district's Internet website, if the district has an Internet
90	89		website; and
91	90		(2) for copyrighted curriculum materials, allowing a
92	91		parent of a student enrolled in the district to:
93	92		(A) review the curriculum materials at the
94	93		student's campus at any time during regular business hours;
95	94		(B) purchase a copy of the curriculum materials
96	95		from the publisher as provided by the district's purchase agreement
97	96		for the curriculum materials under Subsection (j-1) or (j-2); or
98	97		(C) review the curriculum materials online
99	98		through a secure electronic account in a manner that prevents the
100	99		curriculum materials from being copied and that otherwise complies
101	100		with copyright law.
102	101		(j-2) If a school district purchases from a publisher
103	102		copyrighted curriculum materials for use in the district's
104	103		instruction relating to the prevention of child abuse, family
105		-	~~violence, dating~~ violence, and ~~sex trafficking~~, the district shall
106		-	~~ensure that the~~ purchase agreement provides for a means by which a
107		-	~~parent of a~~ student enrolled in the district may purchase a copy of
108		-	~~the~~ curriculum materials from the publisher at a price that does not
	104	+	violence, and dating violence, the district shall ensure that the
	105	+	purchase agreement provides for a means by which a parent of a
	106	+	student enrolled in the district may purchase a copy of the
	107	+	curriculum materials from the publisher at a price that does not
109	108		exceed the price per unit paid by the district for the curriculum
110	109		materials.
111		-	(q) Any course materials relating to the ~~prevention of child~~
112		-	abuse, family violence, dating violence~~, and sex trafficking shall~~
113		-	be selected by the board of trustees with the advice of the ~~local~~
114		-	school health advisory council.
	110	+	(q) Any course materials and instruction relating to the
	111	+	prevention of child abuse, family violence, and dating violence
	112	+	shall be selected by the board of trustees with the advice of the
	113	+	local school health advisory council.
115	114		(q-1) The board of trustees shall adopt a policy
116	115		establishing a process for the adoption of curriculum materials for
117	116		the school district's instruction relating to the prevention of
118		-	child abuse, family violence, dating violence~~, and sex trafficking.~~
119		-	~~The policy must~~ require:
	117	+	child abuse, family violence, and dating violence. The policy must
	118	+	require:
120	119		(1) the board to adopt a resolution convening the
121	120		local school health advisory council for the purpose of making
122	121		recommendations regarding the curriculum materials;
123	122		(2) the local school health advisory council to:
124	123		(A) after the board's adoption of the resolution
125	124		under Subdivision (1), hold at least two public meetings on the
126	125		curriculum materials before adopting recommendations; and
127	126		(B) provide the recommendations adopted under
128	127		Paragraph (A) to the board at a public meeting of the board; and
129	128		(3) the board, after receipt of the local school
130	129		health advisory council's recommendations under Subdivision (2),
131	130		to take action on the adoption of the recommendations by a record
132	131		vote at a public meeting.
133	132		(q-2) Curriculum materials proposed to be adopted for the
134	133		school district's instruction relating to the prevention of child
135		-	abuse, family violence, dating violence, and sex trafficking must
136		-	be made available as provided by Subsection (j)(1) or (2)(A) or (C),
137		-	as applicable.
	134	+	abuse, family violence, and dating violence must be made available
	135	+	as provided by Subsection (j)(1) or (2)(A) or (C), as applicable.
138	136		(q-3) Before adopting curriculum materials for the school
139	137		district's instruction relating to the prevention of child abuse,
140		-	family violence, dating violence~~, and sex trafficking~~, the board of
141		-	~~trustees shall~~ ensure that the curriculum materials are:
	138	+	family violence, and dating violence, the board of trustees shall
	139	+	ensure that the curriculum materials are:
142	140		(1) based on the advice of the local school health
143	141		advisory council;
144	142		(2) suitable for the subject and grade level for which
145	143		the curriculum materials are intended; and
146	144		(3) reviewed by academic experts in the subject and
147	145		grade level for which the curriculum materials are intended.
148	146		(q-4) The board of trustees shall determine the specific
149	147		content of the district's instruction relating to the prevention of
150		-	child abuse, family violence, dating violence, and sex trafficking
151		-	in accordance with this subchapter, including the essential
152		-	knowledge and skills addressing these topics developed by the State
153		-	Board of Education.
	148	+	child abuse, family violence, and dating violence in accordance
	149	+	with this section.
154	150		(q-5) Before each school year, a school district shall
155	151		provide written notice to a parent of each student enrolled in the
156	152		district of the board of trustees' decision regarding whether the
157	153		district will provide instruction relating to the prevention of
158		-	child abuse, family violence, dating violence~~, and sex trafficking~~
159		-	~~to district~~ students. If instruction will be provided, the notice
160		-	~~must~~ include:
	154	+	child abuse, family violence, and dating violence to district
	155	+	students. If instruction will be provided, the notice must
	156	+	include:
161	157		(1) a statement informing the parent of the
162	158		requirements under state law regarding instruction relating to the
163		-	prevention of child abuse, family violence, dating violence, and
164		-	sex trafficking;
	159	+	prevention of child abuse, family violence, and dating violence;
165	160		(2) a detailed description of the content of the
166	161		district's instruction relating to the prevention of child abuse,
167		-	family violence, dating violence~~, and sex trafficking~~;
	162	+	family violence, and dating violence;
168	163		(3) a statement of the parent's right to:
169	164		(A) at the parent's discretion, review or
170	165		purchase a copy of curriculum materials as provided by Subsection
171	166		(j);
172	167		(B) remove the student from any part of the
173	168		district's instruction relating to the prevention of child abuse,
174		-	family violence, dating violence, and sex trafficking without
175		-	subjecting the student to any disciplinary action, academic
176		-	penalty, or other sanction imposed by the district or the student's
177		-	school; and
	169	+	family violence, and dating violence without subjecting the student
	170	+	to any disciplinary action, academic penalty, or other sanction
	171	+	imposed by the district or the student's school; and
178	172		(C) use the grievance procedure as provided by
179	173		Subsection (i-1) or the appeals process under Section 7.057
180	174		concerning a complaint of a violation of this section;
181	175		(4) a statement that any curriculum materials in the
182	176		public domain used for the district's instruction regarding the
183		-	prevention of child abuse, family violence, dating violence~~, and~~
184		-	~~sex trafficking~~ must be posted on the district's Internet website
185		-	~~address at which~~ the curriculum materials are located; and
	177	+	prevention of child abuse, family violence, and dating violence
	178	+	must be posted on the district's Internet website address at which
	179	+	the curriculum materials are located; and
186	180		(5) information describing the opportunities for
187	181		parental involvement in the development of the curriculum to be
188	182		used in instruction relating to the prevention of child abuse,
189		-	family violence, dating violence, ~~and sex trafficking, including~~
190		-	~~information~~ regarding the local school health advisory council
191		-	~~established~~ under Subsection (a).
	183	+	family violence, and dating violence, including information
	184	+	regarding the local school health advisory council established
	185	+	under Subsection (a).
192	186		(q-6) Before a student may be provided with instruction
193		-	relating to the prevention of child abuse, family violence, ~~dating~~
194		-	violence~~, and sex trafficking~~, a school district must obtain the
195		-	~~written consent~~ of the student's parent. A request for written
196		-	~~consent under this~~ subsection:
	187	+	relating to the prevention of child abuse, family violence, and
	188	+	dating violence, a school district must obtain the written consent
	189	+	of the student's parent. A request for written consent under this
	190	+	subsection:
197	191		(1) may not be included with any other notification or
198	192		request for written consent provided to the parent, other than the
199	193		notice provided under Subsection (q-5); and
200	194		(2) must be provided to the parent not later than the
201	195		14th day before the date on which the instruction relating to the
202		-	prevention of child abuse, family violence, dating violence~~, and~~
203		-	~~sex trafficking~~ begins.
	196	+	prevention of child abuse, family violence, and dating violence
	197	+	begins.
204	198		SECTION 3. The heading to Section 37.0831, Education Code,
205	199		is amended to read as follows:
206	200		Sec. 37.0831. DATING VIOLENCE POLICIES; EDUCATIONAL
207	201		MATERIALS AND RESOURCES.
208	202		SECTION 4. Section 37.0831, Education Code, as amended by
209	203		S.B. No. 1267, Acts of the 87th Legislature, Regular Session, 2021,
210	204		is amended by amending Subsection (b) and adding Subsection (c) to
211	205		read as follows:
212	206		(b) A dating violence policy must:
213	207		(1) include:
214	208		(A) a definition of dating violence that includes
215	209		the intentional use of physical, sexual, verbal, or emotional abuse
216	210		by a person to harm, threaten, intimidate, or control another
217	211		person in a dating relationship, as defined by Section 71.0021,
218	212		Family Code;
219	213		(B) a clear statement that dating violence is not
220	214		tolerated at school; and
221	215		(C) reporting procedures and guidelines for
222		-	students who are victims of dating violence, including a procedure
223		-	for immediately notifying the parent or guardian of a student about
224		-	a report received by the district identifying the student as an
225		-	alleged victim or perpetrator of dating violence; and
	216	+	students who are victims of dating violence; and
226	217		(2) address safety planning, enforcement of
227	218		protective orders, school-based alternatives to protective orders,
228	219		training for teachers and administrators at each district campus
229	220		that instructs students in grade six or higher, counseling for
230	221		affected students, and awareness education for students and
231	222		parents.
232	223		(c) To the extent possible, a school district shall make
233	224		available to students:
234	225		(1) age-appropriate educational materials that
235	226		include information on the dangers of dating violence; and
236	227		(2) resources to students seeking help.
237	228		SECTION 5. (a) Except as otherwise provided by Subsection
238	229		(b) of this section, Section 28.004, Education Code, as amended by
239	230		this Act, applies beginning with the 2022-2023 school year.
240	231		(b) Section 28.004(j-2), Education Code, as added by this
241	232		Act, applies only to a purchase agreement entered into, amended, or
242	233		renewed on or after the effective date of this Act.
243	234		SECTION 6. If this Act receives a vote of two-thirds of all
244	235		the members elected to each house, as provided by Section 39,
245	236		Article III, Texas Constitution, this Act takes effect on the first
246	237		day that occurs after August 31, 2021, and is on or after the
247	238		earliest date on which this Act may take effect. If this Act does
248	239		not receive the vote necessary for effect on that date, this Act
249	240		takes effect on the 91st day after the last day of the legislative
250	241		session.
251		-	______________________________ ______________________________
252		-	President of the Senate Speaker of the House
253		-	I hereby certify that S.B. No. 9 passed the Senate on
254		-	August 10, 2021, by the following vote: Yeas 29, Nays 0; and that
255		-	the Senate concurred in House amendments on September 2, 2021, by
256		-	the following vote: Yeas 31, Nays 0.
257		-	______________________________
258		-	Secretary of the Senate
259		-	I hereby certify that S.B. No. 9 passed the House, with
260		-	amendments, on September 2, 2021, by the following vote: Yeas 94,
261		-	Nays 26, one present not voting.
262		-	______________________________
263		-	Chief Clerk of the House
264		-	Approved:
265		-	______________________________
266		-	Date
267		-	______________________________
268		-	Governor