Texas 2021 - 87th 2nd C.S.

Texas House Bill HB28 Compare Versions

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

Old	New	Differences
1	1	By: Toth H.B. No. 28
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to curriculum, materials, and activities in public
7	7	schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 26, Education Code, is amended by adding
10	10	Section 26.0061 to read as follows:
11	11	Sec. 26.0061. REQUIRED DISCLOSURE REGARDING TEACHING
12	12	MATERIALS AND ACTIVITIES. (a) In this section:
13	13	(1) "Activity" includes a presentation, assembly,
14	14	lecture, or other event facilitated by a school district or
15	15	open-enrollment charter school, other than a student presentation.
16	16	(2) "Teaching material" includes:
17	17	(A) instructional material, as that term is
18	18	defined by Section 31.002;
19	19	(B) teaching aids; and
20	20	(C) any other material a student is given the
21	21	option to select for the student's instruction.
22	22	(b) Subject to Subsection (g), not later than the fifth day
23	23	of each month, each school district and open-enrollment charter
24	24	school shall make available to the public on the district's or
25	25	school'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 or school's
31	31	students 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 or
35	35	school requires students to attend or in which a majority of
36	36	students participate;
37	37	(2) the district's or school's procedures for
38	38	documenting, reviewing, or approving a material or activity
39	39	described by 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 or
43	43	open-enrollment charter school is not required to list the
44	44	individual components of teaching materials produced as a single
45	45	volume except that for a volume that contains works by multiple
46	46	authors, the district or school shall include in the list under that
47	47	subsection:
48	48	(1) a table of contents for the volume; or
49	49	(2) a link to an Internet website that discloses the
50	50	title and author of each work included in the volume.
51	51	(d) Information posted to a school district's or
52	52	open-enrollment charter school's Internet website under Subsection
53	53	(b) must be maintained on the website for not less than one year.
54	54	(e) A school district or open-enrollment charter school may
55	55	use collaborative online document or spreadsheet software to
56	56	prepare or post on the district's or school's Internet website the
57	57	information required under Subsection (b).
58	58	(f) This section does not require a school district or
59	59	open-enrollment charter school to reproduce a material or activity
60	60	described by Subsection (b)(1).
61	61	(g) This section does not apply to:
62	62	(1) a school district or open-enrollment charter
63	63	school with a student enrollment of less than 300 students; or
64	64	(2) a material or activity described by Subsection
65	65	(b)(1) that is selected independently by teachers employed at a
66	66	campus with a student enrollment of less than 50 students for use
67	67	only at that campus.
68	68	SECTION 2. Sections 28.002(h-3), (h-4), and (h-5),
69	69	Education Code, as effective September 1, 2021, are redesignated as
70	70	Section 28.0022, Education Code, and amended to read as follows:
71	71	Sec. 28.0022. CERTAIN INSTRUCTIONAL REQUIREMENTS AND
72	72	PROHIBITIONS. (a) [(h-3)] For any [social studies] course for a
73	73	grade level from kindergarten through grade 12 [in the required
74	74	curriculum]:
75	75	(1) [a teacher may not be compelled to discuss a
76	76	particular current event or widely debated and currently
77	77	controversial issue of public policy or social affairs;
78	78	(2)] a teacher who discusses a current event or widely
79	79	debated and currently controversial issue of public policy or
80	80	social affairs [chooses to discuss a topic described by Subdivision
81	81	(1)] shall, to the best of the teacher's ability, strive to explore
82	82	the topic from diverse and contending perspectives without giving
83	83	deference to any one perspective;
84	84	(2) [(3)] a school district, open-enrollment charter
85	85	school, or teacher may not require, make part of a course, or award
86	86	a grade or course credit, including extra credit, for a student's:
87	87	(A) political activism, lobbying, or efforts to
88	88	persuade members of the legislative or executive branch at the
89	89	federal, state, or local level to take specific actions by direct
90	90	communication; or
91	91	(B) participation in any internship, practicum,
92	92	or similar activity involving social or public policy advocacy;
93	93	[and]
94	94	(3) [(4)] a teacher, administrator, or other employee
95	95	of a state agency, school district, or open-enrollment charter
96	96	school may not[:
97	97	(A) be required to engage in training,
98	98	orientation, or therapy that presents any form of race or sex
99	99	stereotyping or blame on the basis of race or sex;
100	100	(B)] require or make part of a course [the]
101	101	concepts [concept] that serve to inculcate that:
102	102	(A) [(i)] one race or sex is inherently superior
103	103	to another race or sex;
104	104	(B) [(ii)] an individual, by virtue of the
105	105	individual's race or sex, is inherently racist, sexist, or
106	106	oppressive, whether consciously or unconsciously;
107	107	(C) [(iii)] an individual should be
108	108	discriminated against or receive adverse treatment solely or partly
109	109	because of the individual's race;
110	110	(D) [(iv)] members of one race or sex cannot and
111	111	should not attempt to treat others without respect to race [or sex];
112	112	(E) [(v)] an individual's moral character,
113	113	standing, or worth is necessarily determined by the individual's
114	114	race [or sex];
115	115	(F) [(vi)] an individual, by virtue of the
116	116	individual's race or sex, bears responsibility for actions
117	117	committed in the past by other members of the same race or sex;
118	118	(G) [(vii)] an individual should feel
119	119	discomfort, guilt, anguish, or any other form of psychological
120	120	distress on account of the individual's race or sex;
121	121	(H) [(viii)] meritocracy or traits such as a hard
122	122	work ethic are racist or sexist or were created by members of a
123	123	particular race to oppress members of another race;
124	124	(I) [(ix)] the advent of slavery in the territory
125	125	that is now the United States constituted the true founding of the
126	126	United States; or
127	127	(J) [(x)] with respect to their relationship to
128	128	American values, slavery and racism are anything other than
129	129	deviations from, betrayals of, or failures to live up to, the
130	130	authentic founding principles of the United States, which include
131	131	liberty and equality; and
132	132	[(C) require an understanding of The 1619
133	133	Project.]
134	134	(4) a teacher, administrator, or other employee of a
135	135	state agency, school district, or open-enrollment charter school
136	136	may not teach, instruct, or train any administrator, teacher, or
137	137	other employee of a state agency, school district or
138	138	open-enrollment charter school any of the concepts described by
139	139	Subsection (a)(3).
140	140	(b) [(h-4)] A state agency, school district, or
141	141	open-enrollment charter school may not accept private funding for
142	142	the purpose of developing a curriculum, purchasing or selecting
143	143	curriculum materials, or providing teacher training or
144	144	professional development for a course described by Subsection
145	145	(a)(3) [(h-3)(3)].
146	146	(c) [(h-5)] A school district or open-enrollment charter
147	147	school may not implement, interpret, or enforce any rules or
148	148	student code of conduct in a manner that would result in the
149	149	punishment of a student for discussing, or have a chilling effect on
150	150	student discussion of, the concepts described by Subsection (a)(3)
151	151	[(h-3)(4)].
152	152	SECTION 3. Section 28.002(h-2), Education Code, as added by
153	153	H.B. 3979, Acts of the 87th Legislature, Regular Session, 2021, as
154	154	effective September 1, 2021, is repealed.
155	155	SECTION 4. This Act applies beginning with the 2021-2022
156	156	school year.
157	157	SECTION 5. If any provision of this Act or its application
158	158	to any person or circumstance is held invalid, the invalidity does
159	159	not affect other provisions or applications of this Act that can be
160	160	given effect without the invalid provision or application, and to
161	161	this end the provisions of this Act are declared to be severable.
162	162	SECTION 6. This Act takes effect immediately if it receives
163	163	a vote of two-thirds of all the members elected to each house, as
164	164	provided by Section 39, Article III, Texas Constitution. If this
165	165	Act does not receive the vote necessary for immediate effect, this
166	166	Act takes effect on the 91st day after the last day of the
167	167	legislative session.