HB 193 — Measures to support students against whom certain allege

90R3237 MEW-D By: Guillen H.B. No. 193 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.

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.