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AN ACT
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relating to the development and use of instructional modules and |
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training for public schools on the prevention of sexual abuse and |
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sex trafficking and participation by the human trafficking |
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prevention task force in that development. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 28, Education Code, is |
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amended by adding Section 28.017 to read as follows: |
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Sec. 28.017. INSTRUCTION ON PREVENTION OF SEXUAL ABUSE AND |
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SEX TRAFFICKING. (a) The commissioner, in cooperation with the |
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human trafficking prevention task force created under Section |
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402.035, Government Code, and any other persons the commissioner |
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considers appropriate, shall develop one or more sexual abuse and |
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sex trafficking instructional modules that a school district may |
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use in the district's health curriculum. The modules may include: |
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(1) information on the different forms of sexual abuse |
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and assault, sex trafficking, and risk factors for sex trafficking; |
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(2) the procedures for reporting sexual abuse and sex |
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trafficking or suspected sexual abuse or sex trafficking; |
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(3) strategies for sexual abuse and assault prevention |
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and overcoming peer pressure; |
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(4) information on establishing healthy boundaries |
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for relationships, recognizing potentially abusive or harmful |
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relationships, and avoiding high-risk activities; |
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(5) the recruiting tactics of sex traffickers and peer |
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recruiters, including recruitment through the Internet; |
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(6) the legal aspects of sexual abuse and sex |
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trafficking under state and federal law; and |
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(7) the influence of culture and mass media on |
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perceptions of sexual abuse and sex trafficking, including |
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stereotypes and myths about victims and abusers, victim blaming, |
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and the role of language. |
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(b) The module or modules developed under Subsection (a) |
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must emphasize compassion for victims of sexual abuse or sex |
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trafficking and the creation of a positive reentry experience for |
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survivors of sexual abuse or sex trafficking into schools. |
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(c) Before the beginning of each school year, a school |
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district that elects to use a module developed under Subsection (a) |
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in the district's health curriculum shall provide written notice to |
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the parent of each student enrolled in the district that includes |
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the following: |
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(1) a statement that the district will provide |
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instruction relating to sexual abuse and sex trafficking awareness |
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to students enrolled in the district; |
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(2) a description of the material that will be used in |
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providing instruction to students; and |
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(3) a statement that the parent has the right to review |
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the material and remove the parent's student from the instruction. |
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(d) If a school district does not comply with the |
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requirements of Subsection (c), a parent of a student enrolled in |
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the district may file a complaint in accordance with the district's |
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grievance procedure developed under Section 26.011. |
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SECTION 2. Section 38.0041, Education Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (a-1) |
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to read as follows: |
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(a) Each school district and open-enrollment charter school |
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shall adopt and implement a policy addressing sexual abuse, sex |
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trafficking, and other maltreatment of children, to be included in |
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the district improvement plan under Section 11.252 and any |
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informational handbook provided to students and parents. |
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(a-1) A school district may collaborate with local law |
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enforcement and outside consultants with expertise in the |
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prevention of sexual abuse and sex trafficking to create the policy |
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required under Subsection (a), and to create a referral protocol |
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for high-risk students. |
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(b) A policy required by this section must address: |
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(1) methods for increasing staff, student, and parent |
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awareness of issues regarding sexual abuse, sex trafficking, and |
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other maltreatment of children, including prevention techniques |
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and knowledge of likely warning signs indicating that a child may be |
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a victim of sexual abuse, sex trafficking, or other maltreatment, |
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using resources developed by the agency under Section 38.004 or by |
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the commissioner under Section 28.017; |
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(2) actions that a child who is a victim of sexual |
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abuse, sex trafficking, or other maltreatment should take to obtain |
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assistance and intervention; and |
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(3) available counseling options for students |
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affected by sexual abuse, sex trafficking, or other maltreatment. |
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(c) The methods under Subsection (b)(1) for increasing |
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awareness of issues regarding sexual abuse, sex trafficking, and |
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other maltreatment of children must include training, as provided |
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by this subsection, concerning prevention techniques for and |
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recognition of sexual abuse, sex trafficking, and all other |
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maltreatment of children. The training: |
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(1) must be provided, as part of a new employee |
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orientation, to all new school district and open-enrollment charter |
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school employees and to existing district and open-enrollment |
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charter school employees on a schedule adopted by the agency by rule |
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until all district and open-enrollment charter school employees |
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have taken the training; and |
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(2) must include training concerning: |
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(A) factors indicating a child is at risk for |
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sexual abuse, sex trafficking, or other maltreatment; |
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(B) likely warning signs indicating a child may |
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be a victim of sexual abuse, sex trafficking, or other |
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maltreatment; |
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(C) internal procedures for seeking assistance |
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for a child who is at risk for sexual abuse, sex trafficking, or |
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other maltreatment, including referral to a school counselor, a |
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social worker, or another mental health professional; |
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(D) techniques for reducing a child's risk of |
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sexual abuse, sex trafficking, or other maltreatment; and |
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(E) community organizations that have relevant |
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existing research-based programs that are able to provide training |
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or other education for school district or open-enrollment charter |
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school staff members, students, and parents. |
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SECTION 3. Section 402.035(h), Government Code, is amended |
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to read as follows: |
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(h) This section expires September 1, 2019 [2017]. |
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SECTION 4. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 5. This Act takes effect only if a specific |
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appropriation for the implementation of the Act is provided in a |
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general appropriations act of the 85th Legislature. |
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SECTION 6. 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, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2039 passed the Senate on |
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May 8, 2017, by the following vote: Yeas 27, Nays 4; and that the |
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Senate concurred in House amendment on May 28, 2017, by the |
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following vote: Yeas 26, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2039 passed the House, with |
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amendment, on May 24, 2017, by the following vote: Yeas 141, |
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Nays 5, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |