Relating to the regulation of certain political communications, a prohibition on electioneering by school district and open-enrollment charter school officials and employees, and actions and other proceedings by a public school challenging the operations of the public school system; authorizing an administrative penalty; creating a criminal offense.
Impact
If passed, HB2826 will significantly change how school officials and educators can engage with the electoral process, limiting their capacity to express support or opposition to political candidates while on duty or utilizing public resources. The bill will amend multiple sections of the Education Code, particularly regarding the roles and responsibilities of school district trustees and charter school governing bodies in relation to political activities, imposing a three-year ineligibility for individuals found violating the provisions of the bill.
Summary
House Bill 2826 aims to regulate political communications by prohibiting electioneering activities among school district officials and employees of open-enrollment charter schools. The bill specifically targets the use of public resources to engage in or support political advocacy, thereby ensuring that public funds are not used in a manner that could impact electoral processes or elections. It introduces clear definitions of electioneering and penalties for violations, creating a framework for accountability.
Contention
The bill has generated concerns regarding freedom of speech, especially from educators and school employees who argue that it may stifle their ability to participate in democratic processes as citizens. Critics believe that it could deter necessary discourse on educational policies and concerns related to the stakeholders involved. Additionally, the enforcement mechanisms outlined in the bill raise questions about the subjective nature of what constitutes electioneering and the potential for misuse in political contexts.
Texas Constitutional Statutes Affected
Education Code
Chapter 1. General Provisions
Section: New Section
Chapter 44. Fiscal Management
Section: New Section
Chapter 45. School District Funds
Section: New Section
Chapter 11. School Districts
Section: New Section
Chapter 12. Charters
Section: 120
Chapter 22. School District Employees And Volunteers
Section: New Section
Chapter 39. Public School System Accountability
Section: New Section
Election Code
Chapter 255. Regulating Political Advertising And Campaign Communications
Section: New Section
Section: 0031
Government Code
Chapter 572. Personal Financial Disclosure, Standards Of Conduct, And Conflict Of Interest
Same As
Relating to the regulation of certain political communications, a prohibition on electioneering by school district and open-enrollment charter school officials and employees, and actions and other proceedings by a public school challenging the operations of the public school system; authorizing an administrative penalty; creating a criminal offense.
Identical
Relating to the regulation of certain political communications, a prohibition on electioneering by school district and open-enrollment charter school officials and employees, and the authorization of action by the commissioner of education against a school district that initiates certain actions or proceedings; authorizing an administrative penalty; creating a criminal offense.
Relating to the operation of open-enrollment charter schools, including enrollment procedures and the applicability of certain laws to open-enrollment charter schools.
Relating to the applicability of certain collective bargaining laws to certain public school employees, school districts, and open-enrollment charter schools.
Relating to the prohibition on instruction and certain activities regarding sexual orientation or gender identity provided or allowed by school districts, open-enrollment charter schools, and district and charter school employees.
Relating to the prohibition on instruction and certain activities regarding sexual orientation or gender identity provided or allowed by school districts, open-enrollment charter schools, and district and charter school employees.
Relating to the rights and certification of public school educators, including financial and other assistance and waivers provided to public schools by the Texas Education Agency related to public school educators, methods of instruction provided in public schools, and certain allotments under the Foundation School Program.
Relating to the rights and certification of public school educators, including financial and other assistance and waivers provided to public schools by the Texas Education Agency related to public school educators, methods of instruction provided in public schools, and certain allotments under the Foundation School Program.
Relating to the regulation of certain political communications, a prohibition on electioneering by school district and open-enrollment charter school officials and employees, and the authorization of action by the commissioner of education against a school district that initiates certain actions or proceedings; authorizing an administrative penalty; creating a criminal offense.
Relating to the regulation of certain political communications, a prohibition on electioneering by school district and open-enrollment charter school officials and employees, and actions and other proceedings by a public school challenging the operations of the public school system; authorizing an administrative penalty; creating a criminal offense.