Texas Senate Bill SB77

Texas 2023 - 88th 3rd C.S.

• Filed: 10/24/23

Caption

Relating to public education, including parental rights and public school responsibilities regarding instructional materials.

Impact

The enactment of SB77 would significantly alter current educational practices by amplifying parental control over school curricula. It establishes that school districts must develop clear procedures to address and uphold parental rights, expressly stating that these rights cannot be infringed upon except under narrowly-defined circumstances. This includes a prohibition on schools intentionally encouraging students to withhold information from their parents. There are also proposed amendments regarding the rights to information about the education and health-related services provided to students, expecting school boards to actively involve parents in the educational narrative of their children. Overall, this bill reshapes the landscape of educational governance in Texas to prioritize parental authority.

Summary

SB77 is a legislative proposal aimed at redefining public education and parental rights within Texas. The bill encapsulates a range of provisions that emphasize the rights of parents to oversee and direct the educational experiences of their children, particularly in relation to moral and religious training and the consent required for medical and psychological interventions. By introducing measures that restrict schools from providing instruction regarding sexual orientation and gender identity in grades pre-kindergarten through 12, SB77 seeks to create a standard of parental opt-in consent for educational materials that touch on these topics. This is coupled with provisions that reinforce the immediacy of notification to parents regarding their children’s educational affairs and grievances.

Sentiment

The reception of SB77 among stakeholders is deeply polarized. Proponents of the bill argue that it is a necessary measure to preserve family values and parental control over children's education, framing it as a protective initiative for familial integrity against perceived overreach by educational institutions. In contrast, opponents criticize the bill as potentially discriminatory and limiting in nature, arguing that it could exacerbate feelings of isolation among LGBTQ+ youth by restricting discussions around gender identity and sexual orientation in school settings. The public discourse around SB77 hinges on broader conversations regarding parental rights, student safety, and inclusivity in educational environments.

Contention

A significant point of contention surrounding SB77 is its implication for educational content related to sexual orientation and gender identity. Critics argue that banning such instruction may lead to a void in educational support for LGBTQ+ students, potentially fostering an unwelcoming atmosphere in schools. Furthermore, the stringent notification and consent requirements outlined in the bill might lead to challenges in maintaining a smooth educational process, as students may feel compelled to navigate sensitive issues without proper support. Balancing parental rights with the necessity for inclusive education represents a broader legislative challenge, with proponents and opponents offering contrasting visions of what equitable and effective education entails.

Texas Constitutional Statutes Affected

Education Code

• Chapter 1. General Provisions
  • Section: New Section

• Chapter 26. Parental Rights And Responsibilities
  • Section: New Section

• Chapter 28. Courses Of Study; Advancement
  • Section: New Section