Bill gives students an advocate during school misconduct investigations

The text as introduced · 954 words

90R3237 MEW-D

By: Guillen
H.B. No. 193

A BILL TO BE ENTITLED

AN ACT

relating to measures to support students against whom certain

alleged incidents of misconduct by an educational entity or private

school employee or service provider were committed.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 22A.053, Education Code, is amended to

read as follows:

Sec. 22A.053. NOTICE TO PARENT OR GUARDIAN ABOUT

MISCONDUCT. (a) The board of trustees or governing body of an

educational entity shall adopt a policy under which notice is

provided to the parent or guardian of a student with whom a person

employed by or acting as a service provider for the entity is

alleged to have engaged in misconduct described by Section

22A.051(a)(2)(A), (B), (C), or (D) informing the parent or

guardian:

(1) that the alleged misconduct occurred;

(2) that the services described by Section 22A.105 are

available during the investigation of the alleged misconduct;

(3) whether the person was placed on administrative

leave or in a position that does not involve direct contact with

students and, if so, whether the person was subsequently released

from administrative leave or otherwise returned to a position that

involves direct contact with students;

(4) whether the person was terminated following an

investigation of the alleged misconduct or resigned before

completion of the investigation; and

(5) [ (3) ] whether a report was submitted to the agency

or board concerning the alleged misconduct.

(b) The policy required by this section must require that

information specified by Subsections [ Subsection ] (a)(1) and (2) be

provided as soon as feasible after the educational entity becomes

aware that alleged misconduct may have occurred.

SECTION 2. Subchapter C, Chapter 22A, Education Code, is

amended by adding Section 22A.105 to read as follows:

Sec. 22A.105. REQUIRED SERVICES RELATED TO EMPLOYEE OR

SERVICE PROVIDER MISCONDUCT: EDUCATIONAL ENTITIES AND PRIVATE

SCHOOLS. (a) During an investigation of an alleged incident of

misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D)

against a student, an educational entity or private school shall:

(1) provide to the parent or guardian of the student a

designated student advocate or liaison to respond to parent and

guardian questions and provide reasonable updates on the

investigation;

(2) make available to the student and the parent or

guardian of the student appropriate safety and supportive measures,

including the following options:

(A) an at-home alternative learning arrangement

provided and set up by the educational entity or private school; and

(B) a protective on-campus learning arrangement

provided and set up by the educational entity or private school that

ensures the student does not come into contact with the person

alleged to have engaged in the misconduct; and

(3) pursue all available measures to minimize trauma

to the student in accordance with state and federal law, including

measures to prevent repeated interviews or questioning of the

student by cooperating with state and local law enforcement

agencies, the Department of Family and Protective Services, and

children's advocacy centers' multidisciplinary teams described by

Section 264.406, Family Code, as applicable.

(b) A person acting as a designated student advocate or

liaison under Subsection (a)(1) must be:

(1) a social worker;

(2) a school psychologist; or

(3) in a position designated by commissioner rule.

SECTION 3. Section 25.087(b), Education Code, is amended to

read as follows:

(b) A school district shall excuse a student from attending

school for:

(1) the following purposes, including travel for those

purposes:

(A) observing religious holy days;

(B) attending a required court appearance;

(C) appearing at a governmental office to

complete paperwork required in connection with the student's

application for United States citizenship;

(D) taking part in a United States naturalization

oath ceremony;

(E) serving as an election clerk;

(F) if the student is in the conservatorship of

the Department of Family and Protective Services, participating, as

determined and documented by the department, in an activity:

(i) ordered by a court under Chapter 262 or

263, Family Code, provided that it is not practicable to schedule

the participation outside of school hours; or

(ii) required under a service plan under

Subchapter B, Chapter 263, Family Code; or

(G) attending a course under Section 25.0875;

(2) a temporary absence resulting from an appointment

with health care professionals, including mental health

professionals, for the student or the student's child if the

student commences classes or returns to school on the same day of

the appointment; [ or ]

(3) an absence resulting from a serious or

life-threatening illness or related treatment that makes the

student's attendance infeasible, if the student or the student's

parent or guardian provides on a form adopted by the district under

Subsection (g) a certification from a physician licensed to

practice medicine in this state specifying the following

information, as determined by the physician:

(A) the student's illness;

(B) a statement that the illness is serious or

life-threatening;

(C) the anticipated period of the student's

absence relating to the illness or related treatment; and

(D) a statement that the illness makes the

student's attendance infeasible during the anticipated period of

absence described by Paragraph (C) ; or

(4) an absence relating to an alleged incident of

misconduct described by Section 22A.051(a)(2)(A), (B), (C), or (D)

against the student during the investigation of the incident or the

school year in which the incident occurred, whichever ends later .

SECTION 4. This Act applies beginning with the 2027-2028

school year.

SECTION 5. 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, 2027.