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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a task force on sex-based |
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harassment in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.0834 to read as follows: |
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Sec. 37.0834. TASK FORCE ON SEX-BASED HARASSMENT IN |
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SCHOOLS. (a) In this section: |
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(1) "Sex-based harassment" includes "dating |
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violence," "sexual assault," "sexual harassment," and "stalking," |
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as those terms are defined in Section 51.9365. |
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(2) "Task force" means the task force on sex-based |
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harassment in public schools established under this section. |
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(3) "Title IX" means Title IX of the Education |
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Amendments of 1972 (20 U.S.C. Section 1681 et seq.). |
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(b) The agency shall establish a task force on sex-based |
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harassment in public schools to evaluate and provide |
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recommendations on: |
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(1) the prevalence of incidents of sex-based |
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harassment against students on campuses of public schools; |
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(2) current federal, state, and local laws and rules |
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related to sex-based harassment; |
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(3) the barriers to creation and implementation of |
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policies, procedures, and programs to prevent sex-based harassment |
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in public schools; |
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(4) strategies for collecting data on the prevalence |
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of sex-based harassment and the response by public schools to |
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incidents of sex-based harassment; |
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(5) best practices for the agency to provide guidance |
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and support to public schools regarding sex-based harassment; |
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(6) best practices for public schools providing |
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guidance and support to students regarding sex-based harassment; |
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and |
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(7) any other issues identified by the task force |
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related to sex-based harassment in public schools. |
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(c) The task force is composed of 15 members appointed by |
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the commissioner. The commissioner shall appoint: |
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(1) two members who represent nonprofit organizations |
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that focus on mental health or trauma; |
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(2) one member who represents a nonprofit organization |
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that focuses on youth; |
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(3) two members who represent legal advocacy nonprofit |
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organizations; |
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(4) three members who represent nonprofit |
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organizations that focus on gender-based or interpersonal |
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violence; |
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(5) one member who represents a nonprofit organization |
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that focuses on schools; |
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(6) two members who are school district employees or |
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members of a local school health advisory council; |
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(7) one member who has served as a Title IX coordinator |
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at a school district or an institution of higher education; |
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(8) one parent or guardian of a student enrolled in a |
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public school in this state; |
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(9) one member of the public who is under 25 years of |
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age; and |
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(10) one member who is an agency employee. |
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(d) The commissioner shall select one member to serve as the |
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presiding officer of the task force. |
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(e) Members of the task force serve at the will of the |
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commissioner. A vacancy on the task force must be filled in the same |
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manner as the original appointment. |
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(f) The task force shall meet at least four times at the call |
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of the presiding officer and at any other times determined by the |
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presiding officer. |
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(g) A task force member is not entitled to compensation for |
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service on the task force but is entitled to reimbursement for |
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actual and necessary expenses incurred in performing task force |
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duties. The task force may accept gifts, grants, and donations to |
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pay for those expenses. |
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(h) In determining best practices for public schools, the |
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task force must evaluate and provide recommendations related to: |
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(1) improving student and parent or guardian awareness |
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of school policies and student rights, including awareness of: |
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(A) how to access information about a school |
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district's sex-based harassment policy; |
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(B) how to report sex-based harassment, |
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including how to contact a school district's Title IX coordinator; |
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(C) investigation procedures and associated |
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rights and policies for the accused and complainant in sex-based |
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harassment incidents; |
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(D) counseling and mental health services |
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available on campus or by referral to off-campus resources for |
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students who experience sex-based harassment; and |
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(E) accommodations available to support students |
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who experience sex-based harassment; and |
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(2) school district policies and procedures, |
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including: |
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(A) providing information to students, |
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guardians, school employees, and members of the public in languages |
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prevalent in the school district on the district's sex-based |
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harassment policies and procedures and contact information for each |
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school's Title IX coordinator; |
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(B) professional development training for school |
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district employees that includes: |
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(i) training in trauma-informed practices; |
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(ii) information relating to the contents |
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of Title IX regarding sex-based harassment; |
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(iii) reporting and investigation |
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procedures, including the referral of a student or parent or |
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guardian to the Title IX coordinator; and |
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(iv) any other training relevant to the |
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implementation of Title IX in public schools; |
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(C) hearing procedures for ensuring due process |
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for a person who experiences sex-based harassment and a person |
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accused of sex-based harassment; |
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(D) providing trauma-informed counseling or |
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mental health services on public school campuses or referring |
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students to off-campus mental health services; |
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(E) enabling public schools to evaluate the need |
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for and provide necessary academic or other accommodations to |
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students affected by sex-based harassment; and |
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(F) any other issues identified by the task force |
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regarding sex-based harassment and the implementation of Title IX |
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in public schools. |
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(i) The agency, using existing resources, shall provide |
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administrative support for the task force. |
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(j) Not later than August 31, 2020, the task force shall |
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submit a written report to the governor, the lieutenant governor, |
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the speaker of the house of representatives, and the commissioner |
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that includes the task force's findings and recommendations, |
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including any recommended changes to state law. |
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(k) The task force is abolished and this section expires on |
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June 1, 2021. |
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SECTION 2. Not later than December 1, 2019, the |
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commissioner of education shall appoint the members of the task |
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force established under Section 37.0834, Education Code, as added |
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by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |