88R11931 BDP-D
By: Garcia H.B. No. 3788
A BILL TO BE ENTITLED
AN ACT
relating to school district policies on dating violence, sexual
assault, stalking, sexual abuse, and sexual harassment; providing
an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.0812, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) A school district peace officer or school resource
officer shall complete the school district's comprehensive
training program on dating violence, sexual assault, stalking,
sexual abuse, and sexual harassment as required by Section 37.0831.
SECTION 2. Section 37.0831, Education Code, is amended to
read as follows:
Sec. 37.0831. DATING VIOLENCE, SEXUAL ASSAULT, STALKING,
SEXUAL ABUSE, AND SEXUAL HARASSMENT POLICIES; EDUCATIONAL
MATERIALS AND RESOURCES. (a) Each school district shall adopt and
implement a [dating violence] policy on dating violence, sexual
assault, stalking, sexual abuse, and sexual harassment to be
included in the district improvement plan under Section 11.252.
(b) The [A dating violence] policy must:
(1) include:
(A) definitions of "dating violence," "sexual
assault," and "stalking" that have the meanings assigned by the
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
Statistics Act (20 U.S.C. Section 1092(f)(6)(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 definition of "sexual harassment" that
means unwelcome, sex-based verbal or physical conduct that:
(i) in the employment context, unreasonably
interferes with a person's work performance or creates an
intimidating, hostile, or offensive work environment; or
(ii) in the education context, is
sufficiently severe, persistent, or pervasive that the conduct
interferes with a student's ability to participate in or benefit
from education programs or activities at a secondary school;
(C) a clear statement that dating violence,
sexual assault, stalking, sexual abuse, and sexual harassment are
[is] not tolerated at school; [and]
(D) [(C) reporting] procedures, protocols, and
guidelines for reporting and responding to incidents [students who
are victims] of dating violence, sexual assault, stalking, sexual
abuse, and sexual harassment, including a procedure for immediately
notifying the parent or guardian of a student about a report
received by the district identifying the student as an alleged
victim or perpetrator of dating violence, sexual assault, stalking,
sexual abuse, or sexual harassment; [and]
(E) a comprehensive training program in
accordance with Subsection (d) or (e); and
(F) interim measures to protect victims of dating
violence, sexual assault, stalking, sexual abuse, and sexual
harassment during the pendency of the school's disciplinary
process, including protection from retaliation, and any other
accommodations available to those victims at the school; 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, sexual
assault, stalking, sexual abuse, and sexual harassment; and
(2) resources to students seeking help.
(d) The comprehensive training program:
(1) must be provided annually to school counselors,
teachers, nurses, administrators, and other staff, as well as law
enforcement officers and social workers who regularly interact with
students;
(2) must be completed not later than the 30th
instructional day following the first day of school and may be
offered online;
(3) must be included in the employee school district
handbook;
(4) may include participation by community
organizations with relevant existing research-based programs aimed
at providing training for school staff;
(5) must include information on:
(A) the meanings of and methods for preventing
and identifying incidents of dating violence, sexual assault,
stalking, sexual abuse, and sexual harassment;
(B) the school district's policy on dating
violence, sexual assault, stalking, sexual abuse, and sexual
harassment;
(C) procedures, protocols, and guidelines for
responding to and reporting incidents of dating violence, sexual
assault, stalking, sexual abuse, and sexual harassment; and
(D) the name, location, and contact information
of the district's Title IX coordinator; and
(6) may include information relating to the district's
trauma-informed care policy under Section 38.036.
(e) If a school district does not have sufficient resources
to provide the comprehensive training program required under
Subsection (d), the district shall work in conjunction with a
community organization to provide the training at no cost to the
district.
(f) Not later than the 30th instructional day following the
first day of school, each school district shall make the school's
policy on dating violence, sexual assault, stalking, sexual abuse,
and sexual harassment available to parents and students by:
(1) including the policy in the annual student
handbook;
(2) posting the policy on the school's Internet
website that is accessible from the home page of the Internet
website by use of not more than three links; and
(3) providing a written copy of the policy to the
parent of or other person standing in parental relation to each
student enrolled in the school.
(g) Each school district shall ensure that any
informational materials distributed to students are
age-appropriate.
(h) Not later than the 30th day following the last
instructional day of the school year, the Title IX coordinator of
each school district shall prepare and submit an annual written
report to the agency regarding incidents of dating violence, sexual
assault, stalking, sexual abuse, and sexual harassment at the
district. The report must include:
(1) a certification by the superintendent that each
school within the district is in substantial compliance with the
training and reporting requirements under this section;
(2) the total number of reported incidents of dating
violence, sexual assault, stalking, sexual abuse, and sexual
harassment;
(3) a summary of each investigation of a reported
incident; and
(4) a summary of the disposition of each reported
incident:
(A) that resulted in disciplinary measures by the
district; or
(B) for which the district determined that
disciplinary measures were not necessary.
(i) If the agency determines that a school district is not
in compliance with the training or reporting requirements, the
commissioner may take any appropriate action authorized to be taken
by the commissioner under Chapter 39A.
(j) The agency shall prepare and submit an annual written
report to the governor, lieutenant governor, speaker of the house
of representatives, and standing committees with primary
jurisdiction over education that includes:
(1) the number of incidents of dating violence, sexual
assault, stalking, sexual abuse, and sexual harassment in each
school district;
(2) a list of school districts that are in compliance
or out of compliance with the training and reporting requirements
under this section; and
(3) penalties imposed on any district.
SECTION 3. Each school district shall implement a policy on
dating violence, sexual assault, stalking, sexual abuse, and sexual
harassment as required by Section 37.0831, Education Code, as
amended by this Act, not later than the beginning of the 2023-2024
school year.
SECTION 4. 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 September 1, 2023.