By: Campbell S.B. No. 1082
(In the Senate - Filed March 5, 2021; March 18, 2021, read
first time and referred to Committee on Education; April 30, 2021,
reported favorably by the following vote: Yeas 10, Nays 0;
April 30, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to parental access to curriculum materials used in a
public school's human sexuality instruction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 26.006(a) and (c), Education Code, are
amended to read as follows:
(a) A parent is entitled to:
(1) review all teaching materials, instructional
materials, and other teaching aids used in the classroom of the
parent's child, including curriculum materials used in any human
sexuality instruction provided to the child; and
(2) review each test administered to the parent's
child after the test is administered.
(c) A student's parent is entitled to request that the
school district or open-enrollment charter school the student
attends allow the student to take home any instructional materials
used by the student. Subject to the availability of the
instructional materials, the district or school shall honor the
request. A student who takes home instructional materials must
return the instructional materials to school at the beginning of
the next school day if requested to do so by the student's teacher.
A school district or open-enrollment charter school must provide
the instructional materials to the student in printed format if the
student does not have reliable access to technology at the
student's home. In this subsection, "instructional material" has
the meaning assigned by Section 31.002 and includes curriculum
materials used in the district's or school's human sexuality
instruction.
SECTION 2. Section 28.004(i), Education Code, is amended to
read as follows:
(i) Before each school year, a school district shall provide
written notice to a parent of each student enrolled in the district
of the board of trustees' decision regarding whether the district
will provide human sexuality instruction to district students. If
instruction will be provided, the notice must include:
(1) a summary of the basic content of the district's
human sexuality instruction to be provided to the student,
including a statement informing the parent of the instructional
requirements under state law;
(2) a statement of the parent's right to:
(A) review curriculum materials as provided by
Section 26.006 [Subsection (j)]; and
(B) remove the student from any part of the
district's human sexuality instruction without subjecting the
student to any disciplinary action, academic penalty, or other
sanction imposed by the district or the student's school; and
(3) information describing the opportunities for
parental involvement in the development of the curriculum to be
used in human sexuality instruction, including information
regarding the local school health advisory council established
under Subsection (a).
SECTION 3. Section 28.004(j), Education Code, is repealed.
SECTION 4. This Act applies beginning with the 2021-2022
school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
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