By: Toth H.B. No. 28
A BILL TO BE ENTITLED
AN ACT
relating to curriculum, materials, and activities in public
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 26, Education Code, is amended by adding
Section 26.0061 to read as follows:
Sec. 26.0061. REQUIRED DISCLOSURE REGARDING TEACHING
MATERIALS AND ACTIVITIES. (a) In this section:
(1) "Activity" includes a presentation, assembly,
lecture, or other event facilitated by a school district or
open-enrollment charter school, other than a student presentation.
(2) "Teaching material" includes:
(A) instructional material, as that term is
defined by Section 31.002;
(B) teaching aids; and
(C) any other material a student is given the
option to select for the student's instruction.
(b) Subject to Subsection (g), not later than the fifth day
of each month, each school district and open-enrollment charter
school shall make available to the public on the district's or
school's Internet website:
(1) a list disaggregated by subject area and grade
level that states all information, including the title, author,
organization, or Internet website, as applicable, necessary to
identify a teaching material or activity that was assigned,
distributed, or otherwise presented to the district's or school's
students during the preceding month in:
(A) a course for which students receive academic
credit; or
(B) an educational event that the district or
school requires students to attend or in which a majority of
students participate;
(2) the district's or school's procedures for
documenting, reviewing, or approving a material or activity
described by Subdivision (1); and
(3) any changes made in the preceding month to the
procedures described by Subdivision (2).
(c) For purposes of Subsection (b)(1), a school district or
open-enrollment charter school is not required to list the
individual components of teaching materials produced as a single
volume except that for a volume that contains works by multiple
authors, the district or school shall include in the list under that
subsection:
(1) a table of contents for the volume; or
(2) a link to an Internet website that discloses the
title and author of each work included in the volume.
(d) Information posted to a school district's or
open-enrollment charter school's Internet website under Subsection
(b) must be maintained on the website for not less than one year.
(e) A school district or open-enrollment charter school may
use collaborative online document or spreadsheet software to
prepare or post on the district's or school's Internet website the
information required under Subsection (b).
(f) This section does not require a school district or
open-enrollment charter school to reproduce a material or activity
described by Subsection (b)(1).
(g) This section does not apply to:
(1) a school district or open-enrollment charter
school with a student enrollment of less than 300 students; or
(2) a material or activity described by Subsection
(b)(1) that is selected independently by teachers employed at a
campus with a student enrollment of less than 50 students for use
only at that campus.
SECTION 2. Sections 28.002(h-3), (h-4), and (h-5),
Education Code, as effective September 1, 2021, are redesignated as
Section 28.0022, Education Code, and amended to read as follows:
Sec. 28.0022. CERTAIN INSTRUCTIONAL REQUIREMENTS AND
PROHIBITIONS. (a) [(h-3)] For any [social studies] course for a
grade level from kindergarten through grade 12 [in the required
curriculum]:
(1) [a teacher may not be compelled to discuss a
particular current event or widely debated and currently
controversial issue of public policy or social affairs;
(2)] a teacher who discusses a current event or widely
debated and currently controversial issue of public policy or
social affairs [chooses to discuss a topic described by Subdivision
(1)] shall, to the best of the teacher's ability, strive to explore
the topic from diverse and contending perspectives without giving
deference to any one perspective;
(2) [(3)] a school district, open-enrollment charter
school, or teacher may not require, make part of a course, or award
a grade or course credit, including extra credit, for a student's:
(A) political activism, lobbying, or efforts to
persuade members of the legislative or executive branch at the
federal, state, or local level to take specific actions by direct
communication; or
(B) participation in any internship, practicum,
or similar activity involving social or public policy advocacy;
[and]
(3) [(4)] a teacher, administrator, or other employee
of a state agency, school district, or open-enrollment charter
school may not[:
(A) be required to engage in training,
orientation, or therapy that presents any form of race or sex
stereotyping or blame on the basis of race or sex;
(B)] require or make part of a course [the]
concepts [concept] that serve to inculcate that:
(A) [(i)] one race or sex is inherently superior
to another race or sex;
(B) [(ii)] an individual, by virtue of the
individual's race or sex, is inherently racist, sexist, or
oppressive, whether consciously or unconsciously;
(C) [(iii)] an individual should be
discriminated against or receive adverse treatment solely or partly
because of the individual's race;
(D) [(iv)] members of one race or sex cannot and
should not attempt to treat others without respect to race [or sex];
(E) [(v)] an individual's moral character,
standing, or worth is necessarily determined by the individual's
race [or sex];
(F) [(vi)] an individual, by virtue of the
individual's race or sex, bears responsibility for actions
committed in the past by other members of the same race or sex;
(G) [(vii)] an individual should feel
discomfort, guilt, anguish, or any other form of psychological
distress on account of the individual's race or sex;
(H) [(viii)] meritocracy or traits such as a hard
work ethic are racist or sexist or were created by members of a
particular race to oppress members of another race;
(I) [(ix)] the advent of slavery in the territory
that is now the United States constituted the true founding of the
United States; or
(J) [(x)] with respect to their relationship to
American values, slavery and racism are anything other than
deviations from, betrayals of, or failures to live up to, the
authentic founding principles of the United States, which include
liberty and equality; and
[(C) require an understanding of The 1619
Project.]
(4) a teacher, administrator, or other employee of a
state agency, school district, or open-enrollment charter school
may not teach, instruct, or train any administrator, teacher, or
other employee of a state agency, school district or
open-enrollment charter school any of the concepts described by
Subsection (a)(3).
(b) [(h-4)] A state agency, school district, or
open-enrollment charter school may not accept private funding for
the purpose of developing a curriculum, purchasing or selecting
curriculum materials, or providing teacher training or
professional development for a course described by Subsection
(a)(3) [(h-3)(3)].
(c) [(h-5)] A school district or open-enrollment charter
school may not implement, interpret, or enforce any rules or
student code of conduct in a manner that would result in the
punishment of a student for discussing, or have a chilling effect on
student discussion of, the concepts described by Subsection (a)(3)
[(h-3)(4)].
SECTION 3. Section 28.002(h-2), Education Code, as added by
H.B. 3979, Acts of the 87th Legislature, Regular Session, 2021, as
effective September 1, 2021, is repealed.
SECTION 4. This Act applies beginning with the 2021-2022
school year.
SECTION 5. If any provision of this Act or its application
to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this Act that can be
given effect without the invalid provision or application, and to
this end the provisions of this Act are declared to be severable.
SECTION 6. 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 on the 91st day after the last day of the
legislative session.