Bill Text: TX HB70 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to prevention of discrimination and harassment in public schools.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2015-02-09 - Referred to Public Education [HB70 Detail]
Download: Texas-2015-HB70-Introduced.html
| 84R1867 KKA-F | ||
| By: González | H.B. No. 70 | |
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| relating to prevention of discrimination and harassment in public | ||
| schools. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 11, Education Code, is | ||
| amended by adding Section 11.174 to read as follows: | ||
| Sec. 11.174. DISCRIMINATION, HARASSMENT, AND RETALIATION | ||
| PROHIBITED. (a) In this section: | ||
| (1) "Gender identity or expression" means a person's | ||
| having, or being perceived as having, a gender-related identity, | ||
| appearance, expression, or behavior, whether or not that identity, | ||
| appearance, expression, or behavior is different from that commonly | ||
| associated with the person's assigned sex at birth. | ||
| (2) "Sexual orientation" means the actual or perceived | ||
| status of an individual with respect to the individual's sexuality. | ||
| (b) A school district or employee of a school district may | ||
| not: | ||
| (1) discriminate against or harass an employee of the | ||
| district or a student enrolled in the district on account of: | ||
| (A) the actual or perceived ethnicity, color, | ||
| gender, gender identity or expression, sexual orientation, | ||
| disability, religion, or national origin of the employee, student, | ||
| or student's parent; or | ||
| (B) one or more persons with whom the employee, | ||
| student, or student's parent associates; or | ||
| (2) retaliate against an employee of the district or a | ||
| student enrolled in the district for reporting potential | ||
| discrimination or harassment prohibited by Subdivision (1). | ||
| (c) This section applies to conduct that occurs: | ||
| (1) on school property; | ||
| (2) while attending a school-sponsored or | ||
| school-related activity on or off of school property; or | ||
| (3) in connection with transportation of students in a | ||
| vehicle owned or operated by a school district or owned or operated | ||
| by another entity under contract with a school district. | ||
| (d) A school district shall provide periodic training to | ||
| district employees regarding prevention of discrimination and | ||
| harassment prohibited by this section and procedures for responding | ||
| to reported or observed incidents of prohibited discrimination or | ||
| harassment. The training may be provided in conjunction with any | ||
| training provided under Section 37.083. | ||
| (e) In accordance with rules adopted by the commissioner, | ||
| each school district shall report biennially to the agency | ||
| information regarding each incident of alleged discrimination or | ||
| harassment that occurred at each campus in the district during the | ||
| preceding two school years. The agency shall include the | ||
| information, disaggregated by campus, in the comprehensive | ||
| biennial report required by Section 39.332. | ||
| SECTION 2. (a) Notwithstanding Section 11.174(e), | ||
| Education Code, as added by this Act, each school district shall | ||
| submit to the Texas Education Agency information described by that | ||
| section for the 2015-2016 school year not later than October 1, | ||
| 2016, and the Texas Education Agency shall include the submitted | ||
| information in the comprehensive biennial report required by | ||
| Section 39.332, Education Code, to be submitted by the agency not | ||
| later than December 1, 2016. As authorized by Section 11.174(e), | ||
| Education Code, as added by this Act, the commissioner of education | ||
| in a timely manner shall adopt any rules necessary to implement the | ||
| deadlines specified by this subsection. | ||
| (b) Beginning with the comprehensive biennial report | ||
| required by Section 39.332, Education Code, to be submitted not | ||
| later than December 1, 2018, the Texas Education Agency shall | ||
| include information submitted by school districts in accordance | ||
| with Section 11.174(e), Education Code, as added by this Act, for | ||
| the preceding two school years. | ||
| SECTION 3. This Act applies beginning with the 2015-2016 | ||
| 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, 2015. | ||
