Bill Text: TX SB94 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to a policy requiring the use of face masks, face shields, or other face coverings and providing notice to a parent or guardian regarding a positive coronavirus disease (COVID-19) test for a person assigned to a student's classroom in public schools.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2021-08-30 - Filed [SB94 Detail]
Download: Texas-2021-SB94-Introduced.html
| 87S20642 CXP-D | ||
| By: Johnson | S.B. No. 94 | |
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| relating to a policy requiring the use of face masks, face shields, | ||
| or other face coverings and providing notice to a parent or guardian | ||
| regarding a positive coronavirus disease (COVID-19) test for a | ||
| person assigned to a student's classroom in public schools. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 38, Education Code, is | ||
| amended by adding Sections 38.0022 and 38.0023 to read as follows: | ||
| Sec. 38.0022. FACE COVERING POLICY. Notwithstanding any | ||
| other law, the board of trustees of a school district or the | ||
| governing body of an open-enrollment charter school may adopt a | ||
| policy requiring the use of a face mask, face shield, or other face | ||
| covering in a school building, school bus, or other congregate | ||
| educational setting operated by the district or school. | ||
| Sec. 38.0023. NOTICE OF CORONAVIRUS DISEASE (COVID-19). | ||
| (a) The board of trustees of a school district or the governing | ||
| body of an open-enrollment charter school shall adopt a policy | ||
| requiring the district or school to provide written or electronic | ||
| notice to the parent or guardian of each student assigned to a | ||
| classroom in which a student has tested positive for the | ||
| coronavirus disease (COVID-19). Notice required under this section | ||
| shall be made as soon as practicable after the district or school | ||
| becomes aware the student is infected. The notice: | ||
| (1) must include the recommendations of the Centers | ||
| for Disease Control and Prevention for the treatment and prevention | ||
| of the spread of the coronavirus disease (COVID-19); and | ||
| (2) may not identify the student who tested positive | ||
| for the coronavirus disease (COVID-19). | ||
| (b) The commissioner shall adopt rules as necessary to | ||
| implement this section in a manner that complies with federal law | ||
| regarding confidentiality of student medical or educational | ||
| information, including the Health Insurance Portability and | ||
| Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the | ||
| Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
| Section 1232g), and any state law relating to the privacy of student | ||
| information. | ||
| SECTION 2. 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 on the 91st day after the last day of the | ||
| legislative session. | ||
