| 1 | 1 | | 87S20642 CXP-D |
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| 2 | 2 | | By: Johnson S.B. No. 94 |
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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 a policy requiring the use of face masks, face shields, |
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| 8 | 8 | | or other face coverings and providing notice to a parent or guardian |
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| 9 | 9 | | regarding a positive coronavirus disease (COVID-19) test for a |
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| 10 | 10 | | person assigned to a student's classroom in public schools. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 13 | 13 | | amended by adding Sections 38.0022 and 38.0023 to read as follows: |
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| 14 | 14 | | Sec. 38.0022. FACE COVERING POLICY. Notwithstanding any |
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| 15 | 15 | | other law, the board of trustees of a school district or the |
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| 16 | 16 | | governing body of an open-enrollment charter school may adopt a |
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| 17 | 17 | | policy requiring the use of a face mask, face shield, or other face |
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| 18 | 18 | | covering in a school building, school bus, or other congregate |
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| 19 | 19 | | educational setting operated by the district or school. |
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| 20 | 20 | | Sec. 38.0023. NOTICE OF CORONAVIRUS DISEASE (COVID-19). |
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| 21 | 21 | | (a) The board of trustees of a school district or the governing |
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| 22 | 22 | | body of an open-enrollment charter school shall adopt a policy |
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| 23 | 23 | | requiring the district or school to provide written or electronic |
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| 24 | 24 | | notice to the parent or guardian of each student assigned to a |
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| 25 | 25 | | classroom in which a student has tested positive for the |
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| 26 | 26 | | coronavirus disease (COVID-19). Notice required under this section |
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| 27 | 27 | | shall be made as soon as practicable after the district or school |
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| 28 | 28 | | becomes aware the student is infected. The notice: |
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| 29 | 29 | | (1) must include the recommendations of the Centers |
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| 30 | 30 | | for Disease Control and Prevention for the treatment and prevention |
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| 31 | 31 | | of the spread of the coronavirus disease (COVID-19); and |
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| 32 | 32 | | (2) may not identify the student who tested positive |
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| 33 | 33 | | for the coronavirus disease (COVID-19). |
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| 34 | 34 | | (b) The commissioner shall adopt rules as necessary to |
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| 35 | 35 | | implement this section in a manner that complies with federal law |
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| 36 | 36 | | regarding confidentiality of student medical or educational |
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| 37 | 37 | | information, including the Health Insurance Portability and |
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| 38 | 38 | | Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the |
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| 39 | 39 | | Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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| 40 | 40 | | Section 1232g), and any state law relating to the privacy of student |
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| 41 | 41 | | information. |
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| 42 | 42 | | SECTION 2. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect on the 91st day after the last day of the |
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| 47 | 47 | | legislative session. |
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