Texas 2023 - 88th Regular

Texas House Bill HB3788 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11931 BDP-D
2	2	By: Garcia H.B. No. 3788
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to school district policies on dating violence, sexual
8	8	assault, stalking, sexual abuse, and sexual harassment; providing
9	9	an administrative penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 37.0812, Education Code, is amended by
12	12	adding Subsection (c) to read as follows:
13	13	(c) A school district peace officer or school resource
14	14	officer shall complete the school district's comprehensive
15	15	training program on dating violence, sexual assault, stalking,
16	16	sexual abuse, and sexual harassment as required by Section 37.0831.
17	17	SECTION 2. Section 37.0831, Education Code, is amended to
18	18	read as follows:
19	19	Sec. 37.0831. DATING VIOLENCE, SEXUAL ASSAULT, STALKING,
20	20	SEXUAL ABUSE, AND SEXUAL HARASSMENT POLICIES; EDUCATIONAL
21	21	MATERIALS AND RESOURCES. (a) Each school district shall adopt and
22	22	implement a [dating violence] policy on dating violence, sexual
23	23	assault, stalking, sexual abuse, and sexual harassment to be
24	24	included in the district improvement plan under Section 11.252.
25	25	(b) The [A dating violence] policy must:
26	26	(1) include:
27	27	(A) definitions of "dating violence," "sexual
28	28	assault," and "stalking" that have the meanings assigned by the
29	29	Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
30	30	Statistics Act (20 U.S.C. Section 1092(f)(6)(A)) [a definition of
31	31	dating violence that includes the intentional use of physical,
32	32	sexual, verbal, or emotional abuse by a person to harm, threaten,
33	33	intimidate, or control another person in a dating relationship, as
34	34	defined by Section 71.0021, Family Code];
35	35	(B) a definition of "sexual harassment" that
36	36	means unwelcome, sex-based verbal or physical conduct that:
37	37	(i) in the employment context, unreasonably
38	38	interferes with a person's work performance or creates an
39	39	intimidating, hostile, or offensive work environment; or
40	40	(ii) in the education context, is
41	41	sufficiently severe, persistent, or pervasive that the conduct
42	42	interferes with a student's ability to participate in or benefit
43	43	from education programs or activities at a secondary school;
44	44	(C) a clear statement that dating violence,
45	45	sexual assault, stalking, sexual abuse, and sexual harassment are
46	46	[is] not tolerated at school; [and]
47	47	(D) [(C) reporting] procedures, protocols, and
48	48	guidelines for reporting and responding to incidents [students who
49	49	are victims] of dating violence, sexual assault, stalking, sexual
50	50	abuse, and sexual harassment, including a procedure for immediately
51	51	notifying the parent or guardian of a student about a report
52	52	received by the district identifying the student as an alleged
53	53	victim or perpetrator of dating violence, sexual assault, stalking,
54	54	sexual abuse, or sexual harassment; [and]
55	55	(E) a comprehensive training program in
56	56	accordance with Subsection (d) or (e); and
57	57	(F) interim measures to protect victims of dating
58	58	violence, sexual assault, stalking, sexual abuse, and sexual
59	59	harassment during the pendency of the school's disciplinary
60	60	process, including protection from retaliation, and any other
61	61	accommodations available to those victims at the school; and
62	62	(2) address safety planning, enforcement of
63	63	protective orders, [school-based alternatives to protective
64	64	orders, training for teachers and administrators at each district
65	65	campus that instructs students in grade six or higher,] counseling
66	66	for affected students, and awareness education for students and
67	67	parents.
68	68	(c) To the extent possible, a school district shall make
69	69	available to students:
70	70	(1) age-appropriate educational materials that
71	71	include information on the dangers of dating violence, sexual
72	72	assault, stalking, sexual abuse, and sexual harassment; and
73	73	(2) resources to students seeking help.
74	74	(d) The comprehensive training program:
75	75	(1) must be provided annually to school counselors,
76	76	teachers, nurses, administrators, and other staff, as well as law
77	77	enforcement officers and social workers who regularly interact with
78	78	students;
79	79	(2) must be completed not later than the 30th
80	80	instructional day following the first day of school and may be
81	81	offered online;
82	82	(3) must be included in the employee school district
83	83	handbook;
84	84	(4) may include participation by community
85	85	organizations with relevant existing research-based programs aimed
86	86	at providing training for school staff;
87	87	(5) must include information on:
88	88	(A) the meanings of and methods for preventing
89	89	and identifying incidents of dating violence, sexual assault,
90	90	stalking, sexual abuse, and sexual harassment;
91	91	(B) the school district's policy on dating
92	92	violence, sexual assault, stalking, sexual abuse, and sexual
93	93	harassment;
94	94	(C) procedures, protocols, and guidelines for
95	95	responding to and reporting incidents of dating violence, sexual
96	96	assault, stalking, sexual abuse, and sexual harassment; and
97	97	(D) the name, location, and contact information
98	98	of the district's Title IX coordinator; and
99	99	(6) may include information relating to the district's
100	100	trauma-informed care policy under Section 38.036.
101	101	(e) If a school district does not have sufficient resources
102	102	to provide the comprehensive training program required under
103	103	Subsection (d), the district shall work in conjunction with a
104	104	community organization to provide the training at no cost to the
105	105	district.
106	106	(f) Not later than the 30th instructional day following the
107	107	first day of school, each school district shall make the school's
108	108	policy on dating violence, sexual assault, stalking, sexual abuse,
109	109	and sexual harassment available to parents and students by:
110	110	(1) including the policy in the annual student
111	111	handbook;
112	112	(2) posting the policy on the school's Internet
113	113	website that is accessible from the home page of the Internet
114	114	website by use of not more than three links; and
115	115	(3) providing a written copy of the policy to the
116	116	parent of or other person standing in parental relation to each
117	117	student enrolled in the school.
118	118	(g) Each school district shall ensure that any
119	119	informational materials distributed to students are
120	120	age-appropriate.
121	121	(h) Not later than the 30th day following the last
122	122	instructional day of the school year, the Title IX coordinator of
123	123	each school district shall prepare and submit an annual written
124	124	report to the agency regarding incidents of dating violence, sexual
125	125	assault, stalking, sexual abuse, and sexual harassment at the
126	126	district. The report must include:
127	127	(1) a certification by the superintendent that each
128	128	school within the district is in substantial compliance with the
129	129	training and reporting requirements under this section;
130	130	(2) the total number of reported incidents of dating
131	131	violence, sexual assault, stalking, sexual abuse, and sexual
132	132	harassment;
133	133	(3) a summary of each investigation of a reported
134	134	incident; and
135	135	(4) a summary of the disposition of each reported
136	136	incident:
137	137	(A) that resulted in disciplinary measures by the
138	138	district; or
139	139	(B) for which the district determined that
140	140	disciplinary measures were not necessary.
141	141	(i) If the agency determines that a school district is not
142	142	in compliance with the training or reporting requirements, the
143	143	commissioner may take any appropriate action authorized to be taken
144	144	by the commissioner under Chapter 39A.
145	145	(j) The agency shall prepare and submit an annual written
146	146	report to the governor, lieutenant governor, speaker of the house
147	147	of representatives, and standing committees with primary
148	148	jurisdiction over education that includes:
149	149	(1) the number of incidents of dating violence, sexual
150	150	assault, stalking, sexual abuse, and sexual harassment in each
151	151	school district;
152	152	(2) a list of school districts that are in compliance
153	153	or out of compliance with the training and reporting requirements
154	154	under this section; and
155	155	(3) penalties imposed on any district.
156	156	SECTION 3. Each school district shall implement a policy on
157	157	dating violence, sexual assault, stalking, sexual abuse, and sexual
158	158	harassment as required by Section 37.0831, Education Code, as
159	159	amended by this Act, not later than the beginning of the 2023-2024
160	160	school year.
161	161	SECTION 4. This Act takes effect immediately if it receives
162	162	a vote of two-thirds of all the members elected to each house, as
163	163	provided by Section 39, Article III, Texas Constitution. If this
164	164	Act does not receive the vote necessary for immediate effect, this
165	165	Act takes effect September 1, 2023.