Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB3 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes, et al. S.B. No. 3
	2	+	(In the Senate - Filed July 9, 2021; July 9, 2021, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	July 15, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 2; July 15, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 3 By: Hughes
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to certain curriculum in public schools, including certain
7	14		instructional requirements and prohibitions.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Subchapter J, Chapter 21, Education Code, is
10	17		amended by adding Section 21.4555 to read as follows:
11	18		Sec. 21.4555. CIVICS TRAINING PROGRAM. (a) To facilitate
12	19		the teaching of curriculum consistent with Sections 28.002(h-2) and
13	20		28.0022, the commissioner shall develop and make available civics
14	21		training programs for teachers and administrators.
15	22		(b) A civics training program developed under this section
16	23		must include training in:
17	24		(1) the essential knowledge and skills for the social
18	25		studies curriculum related to civic knowledge adopted under Section
19	26		28.002(h-2);
20	27		(2) guided classroom discussion of current events, as
21	28		appropriate for the grade level and consistent with the
22	29		restrictions under Section 28.0022;
23	30		(3) classroom simulations and models of governmental
24	31		and democratic processes consistent with the requirements and
25	32		restrictions of Sections 28.002(h-2) and 28.0022;
26	33		(4) media literacy, including instruction on
27		-	verifying information and sources, identifying and responding to
28		-	logical fallacies, and identifying propaganda, as appropriate for
29		-	the grade level and consistent with the restrictions under Section
30		-	28.0022; and
	34	+	verifying information and sources and identifying propaganda, as
	35	+	appropriate for the grade level and consistent with the
	36	+	restrictions under Section 28.0022; and
31	37		(5) strategies for incorporating civics instruction
32	38		into subject areas other than social studies.
33	39		(c) The commissioner by rule shall establish the grade
34	40		levels at which a teacher provides instruction to be eligible to
35	41		participate in a civics training program. In making the
36	42		determination, the commissioner shall include grade levels for
37	43		which the State Board of Education makes significant revisions to
38	44		the essential knowledge and skills for the social studies
39	45		curriculum under Section 28.002(h-2).
40	46		(d) Each civics training program developed under Subsection
41	47		(a) must be reviewed and approved by the State Board of Education.
42	48		The board shall annually review each program.
43	49		(e) Each school district and open-enrollment charter school
44	50		shall ensure that each district or school campus that offers a grade
45	51		level described by Subsection (c) has at least one teacher and one
46	52		principal or campus instructional leader who has attended a civics
47	53		training program. The agency shall provide assistance to school
48	54		districts and open-enrollment charter schools in complying with the
49	55		requirements of this subsection.
50	56		(f) From funds available for that purpose, a teacher who
51	57		attends a civics training program may receive a stipend in an amount
52	58		determined by the commissioner. A stipend received under this
53	59		section is not included in determining whether a district is paying
54	60		the teacher the minimum monthly salary under Section 21.402.
55	61		(g) The commissioner may delay implementation of Subsection
56	62		(e) to a school year not later than the 2025-2026 school year if the
57	63		revision of the essential knowledge and skills for the social
58	64		studies curriculum under Section 28.002(h-2) or the availability of
59	65		civics training programs does not occur in a manner that reasonably
60	66		affords public schools the ability to comply with that subsection
61	67		by an earlier school year. This subsection expires September 1,
62	68		2026.
63		-	(h) Nothing in this section may be construed as limiting the
64		-	teaching of or instruction in the essential knowledge and skills
65		-	adopted under Subchapter A, Chapter 28.
66	69		SECTION 2. Section 28.002, Education Code, as effective
67		-	September 1, 2021, is amended by adding Subsections (h-2), (h-7),
68		-	~~and (h-8)~~ to read as follows:
	70	+	September 1, 2021, is amended by adding Subsections (h-2) and (h-7)
	71	+	to read as follows:
69	72		(h-2) In adopting the essential knowledge and skills for the
70	73		social studies curriculum for each grade level from kindergarten
71	74		through grade 12, the State Board of Education shall adopt
72	75		essential knowledge and skills that develop each student's civic
73	76		knowledge, including:
74	77		(1) an understanding of:
75		-	(A) the fundamental moral, political,
76		-	~~entrepreneurial, and~~ intellectual foundations of the American
77		-	~~experiment in~~ self-government;
	78	+	(A) the fundamental moral, political, and
	79	+	intellectual foundations of the American experiment in
	80	+	self-government;
78	81		(B) the history, qualities, traditions, and
79	82		features of civic engagement in the United States;
80	83		(C) the structure, function, and processes of
81	84		government institutions at the federal, state, and local levels;
82	85		(D) the founding documents of the United States,
83	86		including:
84	87		(i) the Declaration of Independence;
85	88		(ii) the United States Constitution;
86	89		(iii) the Federalist Papers, including
87	90		Essays 10 and 51;
88	91		(iv) excerpts from Alexis de Tocqueville's
89	92		Democracy in America;
90	93		(v) the transcript of the first
91	94		Lincoln-Douglas debate; and
92	95		(vi) the writings of the founding fathers
93	96		of the United States; and
94	97		(E) the history and importance of:
95	98		(i) the federal Civil Rights Act of 1964 (42
96	99		U.S.C. Section 2000a et seq.);
97	100		(ii) the Thirteenth, Fourteenth, and
98	101		Nineteenth Amendments to the United States Constitution;
99	102		(iii) the complexity of the historic
100	103		relationship between Texas and Mexico; and
101	104		(iv) the diversity of the Hispanic
102	105		population in Texas;
103	106		(2) the ability to:
104	107		(A) analyze and determine the reliability of
105	108		information sources;
106	109		(B) formulate and articulate reasoned positions;
107	110		(C) understand the manner in which local, state,
108	111		and federal government works and operates through the use of
109	112		simulations and models of governmental and democratic processes;
110	113		(D) actively listen and engage in civil
111	114		discourse, including discourse with those with different
112	115		viewpoints;
113	116		(E) responsibly participate as a citizen in a
114	117		constitutional democracy; and
115	118		(F) effectively engage with governmental
116	119		institutions at the local, state, and federal levels; and
117	120		(3) an appreciation of:
118	121		(A) the importance and responsibility of
119	122		participating in civic life;
120	123		(B) a commitment to the United States and its
121	124		form of government; and
122	125		(C) a commitment to free speech and civil
123	126		discourse.
124	127		(h-7) The agency shall ensure that each school district or
125	128		open-enrollment charter school teaches civics education as part of
126	129		the district's social studies curriculum in a manner consistent
127	130		with the essential knowledge and skills adopted under Subsection
128	131		(h-2).
129		-	(h-8) Nothing in Subsections (h-2) and (h-7) may be
130		-	construed as limiting the teaching of or instruction in the
131		-	essential knowledge and skills adopted under this subchapter.
132	132		SECTION 3. Section 28.002(h-2), Education Code, as added by
133	133		H.B. 4509, Acts of the 87th Legislature, Regular Session, 2021, is
134	134		redesignated as Section 28.002(h-6), Education Code, to read as
135	135		follows:
136	136		(h-6) [(h-2)] In providing instruction regarding the
137	137		founding documents of the United States as described by Subsection
138	138		(h-1)(4), a school district or open-enrollment charter school shall
139	139		use those documents as part of the instructional materials for the
140	140		instruction.
141	141		SECTION 4. Subchapter A, Chapter 28, Education Code, is
142	142		amended by adding Section 28.0022 to read as follows:
143	143		Sec. 28.0022. CERTAIN INSTRUCTIONAL REQUIREMENTS AND
144	144		PROHIBITIONS. (a) For any course or subject, including an
145	145		innovative course, for a grade level from kindergarten through
146	146		grade 12:
147	147		(1) a teacher may not be compelled to discuss a
148	148		particular current event or widely debated and currently
149	149		controversial issue of public policy or social affairs;
150	150		(2) a teacher who chooses to discuss a topic described
151	151		by Subdivision (1) shall, to the best of the teacher's ability,
152	152		strive to explore that topic from diverse and contending
153	153		perspectives without giving deference to any one perspective;
154	154		(3) a school district, open-enrollment charter
155	155		school, or teacher may not require, make part of a course, or award
156	156		a grade or course credit, including extra credit, for a student's:
157	157		(A) work for, affiliation with, or service
158	158		learning in association with any organization engaged in:
159	159		(i) lobbying for legislation at the
160	160		federal, state, or local level; or
161	161		(ii) social policy advocacy or public
162	162		policy advocacy;
163	163		(B) political activism, lobbying, or efforts to
164	164		persuade members of the legislative or executive branch at the
165	165		federal, state, or local level to take specific actions by direct
166	166		communication; or
167	167		(C) participation in any internship, practicum,
168	168		or similar activity involving social policy advocacy or public
169	169		policy advocacy; and
170	170		(4) a teacher, administrator, or other employee of a
171	171		state agency, school district, or open-enrollment charter school
172	172		may not:
173	173		(A) require or make part of a course inculcation
174	174		in the concept that:
175	175		(i) one race or sex is inherently superior
176	176		to another race or sex;
177	177		(ii) an individual, by virtue of the
178	178		individual's race or sex, is inherently racist, sexist, or
179	179		oppressive, whether consciously or unconsciously;
180	180		(iii) an individual should be discriminated
181	181		against or receive adverse treatment solely or partly because of
182	182		the individual's race or sex;
183	183		(iv) an individual's moral character,
184	184		standing, or worth is necessarily determined by the individual's
185	185		race or sex;
186	186		(v) an individual, by virtue of the
187	187		individual's race or sex, bears responsibility for actions
188	188		committed in the past by other members of the same race or sex;
189	189		(vi) an individual should feel discomfort,
190	190		guilt, anguish, or any other form of psychological distress on
191	191		account of the individual's race or sex;
192	192		(vii) meritocracy or traits such as a hard
193	193		work ethic are racist or sexist or were created by members of a
194	194		particular race to oppress members of another race;
195	195		(viii) the advent of slavery in the
196	196		territory that is now the United States constituted the true
197	197		founding of the United States; or
198	198		(ix) with respect to their relationship to
199	199		American values, slavery and racism are anything other than
200	200		deviations from, betrayals of, or failures to live up to the
201	201		authentic founding principles of the United States, which include
202	202		liberty and equality;
203	203		(B) teach, instruct, or train any administrator,
204	204		teacher, or staff member of a state agency, school district, or
205	205		open-enrollment charter school to adopt a concept listed under
206	206		Paragraph (A); or
207	207		(C) require an understanding of the 1619 Project.
208	208		(b) Subsection (a)(3) may not be construed to apply to a
209	209		student's participation in community charitable projects, such as
210	210		building community gardens, volunteering at local food banks, or
211	211		other service projects.
212	212		(c) A state agency, school district, or open-enrollment
213	213		charter school may not accept private funding for the purpose of
214	214		developing a curriculum, purchasing or selecting curriculum
215	215		materials, or providing teacher training or professional
216	216		development for a course described by Subsection (a)(4).
217	217		(d) A school district or open-enrollment charter school may
218	218		not implement, interpret, or enforce any rule, including a standard
219	219		provided by a student code of conduct adopted under Section 37.001,
220	220		in a manner that would result in the punishment of a student for
221	221		discussing the concepts described by Subsection (a)(4) or have a
222	222		chilling effect on student discussions involving those concepts.
223		-	(e) Nothing in this section may be construed as limiting the
224		-	teaching of or instruction in the essential knowledge and skills
225		-	adopted under this subchapter.
226	223		SECTION 5. Sections 28.002(h-2), (h-3), (h-4), and (h-5),
227	224		as added by H.B. 3979, Acts of the 87th Legislature, Regular
228	225		Session, 2021, and effective September 1, 2021, are repealed.
229	226		SECTION 6. (a) Except as provided by Subsection (b) of this
230	227		section, this Act applies beginning with the 2021-2022 school year.
231	228		(b) Section 28.002(h-2), Education Code, as added by this
232	229		Act, applies beginning with the 2022-2023 school year.
233	230		SECTION 7. Not later than December 31, 2022, the State Board
234	231		of Education shall review and revise, as needed, the essential
235	232		knowledge and skills of the social studies curriculum as required
236	233		by Section 28.002(h-2), Education Code, as added by this Act.
237	234		SECTION 8. If any provision of this Act or its application
238	235		to any person or circumstance is held invalid, the invalidity does
239	236		not affect other provisions or applications of this Act that can be
240	237		given effect without the invalid provision or application, and to
241	238		this end the provisions of this Act are declared to be severable.
242	239		SECTION 9. This Act takes effect September 1, 2021, if it
243	240		receives a vote of two-thirds of all the members elected to each
244	241		house, as provided by Section 39, Article III, Texas Constitution.
245	242		If this Act does not receive the vote necessary for effect on that
246	243		date, this Act takes effect on the 91st day after the last day of the
247	244		legislative session.
	245	+	* * * * *