| 1 | 1 | | 85R8796 KKA-F |
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| 2 | 2 | | By: Swanson H.B. No. 1485 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to academic freedom for public school teachers providing |
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| 8 | 8 | | science instruction. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The legislature finds that: |
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| 11 | 11 | | (1) an important purpose of science education is to |
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| 12 | 12 | | inform students about scientific evidence and help students develop |
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| 13 | 13 | | critical thinking skills necessary to become intelligent, |
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| 14 | 14 | | productive, and scientifically informed citizens; |
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| 15 | 15 | | (2) the teaching of some scientific subjects required |
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| 16 | 16 | | to be taught under the curriculum framework developed by the State |
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| 17 | 17 | | Board of Education may cause controversy, including climate change, |
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| 18 | 18 | | biological evolution, the chemical origins of life, and human |
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| 19 | 19 | | cloning; |
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| 20 | 20 | | (3) some teachers may be unsure of expectations |
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| 21 | 21 | | concerning how to present information when controversy arises |
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| 22 | 22 | | concerning a scientific subject; and |
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| 23 | 23 | | (4) the protection of a teacher's academic freedom is |
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| 24 | 24 | | necessary to enable the teacher to provide effective instruction |
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| 25 | 25 | | that serves the purpose stated in Subdivision (1) of this section. |
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| 26 | 26 | | SECTION 2. Subchapter A, Chapter 28, Education Code, is |
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| 27 | 27 | | amended by adding Section 28.0162 to read as follows: |
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| 28 | 28 | | Sec. 28.0162. ACADEMIC FREEDOM FOR TEACHERS. (a) The State |
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| 29 | 29 | | Board of Education, school district boards of trustees, and school |
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| 30 | 30 | | district administrators, including school principals, shall |
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| 31 | 31 | | endeavor to: |
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| 32 | 32 | | (1) create an environment within public elementary and |
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| 33 | 33 | | secondary schools that encourages students to: |
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| 34 | 34 | | (A) explore scientific questions; |
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| 35 | 35 | | (B) learn about scientific evidence; |
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| 36 | 36 | | (C) develop critical thinking skills; and |
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| 37 | 37 | | (D) respond appropriately and respectfully to |
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| 38 | 38 | | differences of opinion about scientific subjects required to be |
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| 39 | 39 | | taught under the curriculum framework developed by the State Board |
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| 40 | 40 | | of Education; and |
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| 41 | 41 | | (2) assist teachers in finding effective ways to |
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| 42 | 42 | | present scientific subjects required to be taught under the |
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| 43 | 43 | | curriculum framework developed by the State Board of Education that |
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| 44 | 44 | | may cause controversy. |
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| 45 | 45 | | (b) The State Board of Education, a school district board of |
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| 46 | 46 | | trustees, or a school district administrator, including a school |
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| 47 | 47 | | principal, may not prohibit a teacher from helping students |
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| 48 | 48 | | understand, analyze, critique, and review in an objective manner |
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| 49 | 49 | | the scientific strengths and weaknesses of existing scientific |
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| 50 | 50 | | theories included in a course taught in accordance with the |
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| 51 | 51 | | curriculum framework developed by the State Board of Education. |
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| 52 | 52 | | (c) This section applies only to teaching scientific |
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| 53 | 53 | | subjects included within the curriculum framework developed by the |
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| 54 | 54 | | State Board of Education. This section may not be construed to |
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| 55 | 55 | | promote: |
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| 56 | 56 | | (1) any religious or nonreligious doctrine; or |
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| 57 | 57 | | (2) discrimination for or against religion or |
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| 58 | 58 | | irreligion or a particular set of religious beliefs or nonbeliefs. |
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| 59 | 59 | | SECTION 3. (a) Not later than August 1, 2017, the Texas |
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| 60 | 60 | | Education Agency shall notify the State Board of Education and the |
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| 61 | 61 | | board of trustees and superintendent of each school district in |
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| 62 | 62 | | this state of the provisions of this Act. |
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| 63 | 63 | | (b) Not later than August 15, 2017, each superintendent |
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| 64 | 64 | | shall notify each district administrator, including a school |
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| 65 | 65 | | principal, and district teacher of the provisions of this Act. |
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| 66 | 66 | | SECTION 4. This Act applies beginning with the 2017-2018 |
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| 67 | 67 | | school year. |
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| 68 | 68 | | SECTION 5. This Act takes effect immediately if it receives |
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| 69 | 69 | | a vote of two-thirds of all the members elected to each house, as |
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| 70 | 70 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 71 | 71 | | Act does not receive the vote necessary for immediate effect, this |
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| 72 | 72 | | Act takes effect September 1, 2017. |
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