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A BILL TO BE ENTITLED
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AN ACT
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relating to a notification requirement if a public school, |
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including an open-enrollment charter school, does not have a nurse, |
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school counselor, or librarian assigned to the school during all |
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instructional hours. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 25, Education Code, is |
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amended by adding Section 25.097 to read as follows: |
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Sec. 25.097. PARENTAL NOTIFICATION CONCERNING NURSES, |
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SCHOOL COUNSELORS, AND LIBRARIANS. (a) In this section, "nurse" |
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means a nurse licensed under Chapter 301, Occupations Code. |
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(b) A public school, including an open-enrollment charter |
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school, that does not have a full-time nurse, school counselor, or |
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librarian or the equivalent of a full-time nurse, school counselor, |
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or librarian assigned to be present at the school for more than 30 |
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consecutive instructional days during the same school year shall |
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provide written notice of the absence to the parent of or other |
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person standing in parental relation to each student enrolled in |
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the school. |
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(c) A school has the equivalent of a full-time nurse, school |
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counselor, or librarian under Subsection (b) if the school has two |
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or more nurses, school counselors, or librarians, as applicable, |
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assigned to the school and the combined presence of the nurses, |
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school counselors, or librarians, as applicable, covers all regular |
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student instructional hours at a campus during the regular school |
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day. |
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(d) The principal of the school shall provide the notice |
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required by Subsection (b) not later than the 30th instructional |
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day after the first day the school does not have a full-time nurse, |
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school counselor, or librarian assigned to be present at the |
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school. |
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(e) The school shall: |
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(1) make a good faith effort to ensure that the notice |
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required by this section is provided in a bilingual form to any |
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parent or other person standing in parental relation whose primary |
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language is not English; and |
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(2) retain a copy of any notice provided under this |
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section. |
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(f) A school may satisfy the notice requirement under |
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Subsection (d) by posting the notice on the school's Internet |
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website. Notice posted under this subsection must be accessible |
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from the home page of the Internet website by use of not more than |
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three links. |
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(g) A school district that is located in a county with a |
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population of less than 100,000 is not required to provide the |
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notice required by this section. |
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SECTION 2. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 3. 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. |