Texas 2021 - 87th Regular

Texas House Bill HB3987 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7597 MLH-D
2	2	By: Toth H.B. No. 3987
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring the disclosure of certain information
8	8	regarding public school teaching materials and activities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 26, Education Code, is amended by adding
11	11	Section 26.0061 to read as follows:
12	12	Sec. 26.0061. REQUIRED DISCLOSURE REGARDING TEACHING
13	13	MATERIALS AND ACTIVITIES. (a) In this section:
14	14	(1) "Activity" includes a presentation, assembly,
15	15	lecture, or other event facilitated by a school district, other
16	16	than a student presentation.
17	17	(2) "Teaching material" includes:
18	18	(A) instructional material, as that term is
19	19	defined by Section 31.002;
20	20	(B) teaching aids; and
21	21	(C) any other material a student is given the
22	22	option to select for the student's instruction.
23	23	(b) Subject to Subsection (g), not later than the fifth day
24	24	of each month, each school district shall make available to the
25	25	public on the district's Internet website:
26	26	(1) a list disaggregated by subject area and grade
27	27	level that states all information, including the title, author,
28	28	organization, or Internet website, as applicable, necessary to
29	29	identify a teaching material or activity that was assigned,
30	30	distributed, or otherwise presented to the district's students
31	31	during the preceding month in:
32	32	(A) a course for which students receive academic
33	33	credit; or
34	34	(B) an educational event that the district
35	35	requires students to attend or in which a majority of students
36	36	participate;
37	37	(2) the district's procedures for documenting,
38	38	reviewing, or approving a material or activity described by
39	39	Subdivision (1); and
40	40	(3) any changes made in the preceding month to the
41	41	procedures described by Subdivision (2).
42	42	(c) For purposes of Subsection (b)(1), a school district is
43	43	not required to list the individual components of teaching
44	44	materials produced as a single volume except that for a volume that
45	45	contains works by multiple authors, the district shall include in
46	46	the list under that subsection:
47	47	(1) a table of contents for the volume; or
48	48	(2) a link to an Internet website that discloses the
49	49	title and author of each work included in the volume.
50	50	(d) Information posted to a school district's Internet
51	51	website under Subsection (b) must be maintained on the website for
52	52	not less than one year.
53	53	(e) A school district may use collaborative online document
54	54	or spreadsheet software to prepare or post on the district's
55	55	Internet website the information required under Subsection (b).
56	56	(f) This section does not require a school district to
57	57	reproduce a material or activity described by Subsection (b)(1).
58	58	(g) This section does not apply to:
59	59	(1) a school district with a student enrollment of
60	60	less than 300 students; or
61	61	(2) a material or activity described by Subsection
62	62	(b)(1) that is selected independently by teachers employed at a
63	63	campus with a student enrollment of less than 50 students for use
64	64	only at that campus.
65	65	SECTION 2. Section 12.104(b), Education Code, as amended by
66	66	Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943
67	67	(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is
68	68	reenacted and amended to read as follows:
69	69	(b) An open-enrollment charter school is subject to:
70	70	(1) a provision of this title establishing a criminal
71	71	offense;
72	72	(2) the provisions in Chapter 554, Government Code;
73	73	and
74	74	(3) a prohibition, restriction, or requirement, as
75	75	applicable, imposed by this title or a rule adopted under this
76	76	title, relating to:
77	77	(A) the Public Education Information Management
78	78	System (PEIMS) to the extent necessary to monitor compliance with
79	79	this subchapter as determined by the commissioner;
80	80	(B) criminal history records under Subchapter C,
81	81	Chapter 22;
82	82	(C) reading instruments and accelerated reading
83	83	instruction programs under Section 28.006;
84	84	(D) accelerated instruction under Section
85	85	28.0211;
86	86	(E) high school graduation requirements under
87	87	Section 28.025;
88	88	(F) special education programs under Subchapter
89	89	A, Chapter 29;
90	90	(G) bilingual education under Subchapter B,
91	91	Chapter 29;
92	92	(H) prekindergarten programs under Subchapter E
93	93	or E-1, Chapter 29;
94	94	(I) extracurricular activities under Section
95	95	33.081;
96	96	(J) discipline management practices or behavior
97	97	management techniques under Section 37.0021;
98	98	(K) health and safety under Chapter 38;
99	99	(L) public school accountability under
100	100	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
101	101	(M) the requirement under Section 21.006 to
102	102	report an educator's misconduct;
103	103	(N) intensive programs of instruction under
104	104	Section 28.0213;
105	105	(O) the right of a school employee to report a
106	106	crime, as provided by Section 37.148;
107	107	(P) bullying prevention policies and procedures
108	108	under Section 37.0832;
109	109	(Q) the right of a school under Section 37.0052
110	110	to place a student who has engaged in certain bullying behavior in a
111	111	disciplinary alternative education program or to expel the student;
112	112	(R) the right under Section 37.0151 to report to
113	113	local law enforcement certain conduct constituting assault or
114	114	harassment;
115	115	(S) a parent's right to information regarding the
116	116	provision of assistance for learning difficulties to the parent's
117	117	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
118	118	(T) establishment of residency under Section
119	119	25.001;
120	120	(U) [(T)] school safety requirements under
121	121	Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115,
122	122	37.207, and 37.2071;
123	123	(V) [(T)] the early childhood literacy and
124	124	mathematics proficiency plans under Section 11.185; [and]
125	125	(W) [(U)] the college, career, and military
126	126	readiness plans under Section 11.186; and
127	127	(X) the disclosure of certain information
128	128	regarding a teaching material or activity described by Section
129	129	26.0061.
130	130	SECTION 3. This Act applies beginning with the 2021-2022
131	131	school year.
132	132	SECTION 4. To the extent of any conflict, this Act prevails
133	133	over another Act of the 87th Legislature, Regular Session, 2021,
134	134	relating to nonsubstantive additions to and corrections in enacted
135	135	codes.
136	136	SECTION 5. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect September 1, 2021.