88R3966 MM-D
By: Patterson H.B. No. 1155
A BILL TO BE ENTITLED
AN ACT
relating to parental rights in public education and prohibiting
instruction regarding sexual orientation or gender identity for
certain public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 26, Education Code, is amended by adding
Section 26.0083 to read as follows:
Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
Each school district shall adopt a procedure for notifying the
parent of a student enrolled in the district regarding any change
in:
(1) services provided to or monitoring of the student
related to the student's mental, emotional, or physical health or
well-being; or
(2) the district's ability to provide a safe and
supportive learning environment for the student.
(b) A procedure adopted under Subsection (a) must reinforce
the fundamental right of a parent to make decisions regarding the
upbringing and control of the parent's child by requiring school
district personnel to:
(1) encourage a student to discuss issues relating to
the student's well-being with the student's parent; or
(2) facilitate a discussion described under
Subdivision (1).
(c) A school district may not adopt a procedure or a student
support form, including a student well-being questionnaire or
health screening form, that:
(1) prohibits a district employee from notifying the
parent of a student regarding:
(A) information about the student's mental,
emotional, or physical health or well-being; or
(B) a change in services provided to or
monitoring of the student related to the student's mental,
emotional, or physical health or well-being;
(2) encourages or has the effect of encouraging a
student to withhold from the student's parent information described
by Subdivision (1)(A); or
(3) prevents a parent from accessing education or
health records concerning the parent's child.
(d) Subsections (a) and (c) do not require the disclosure of
information to a parent if a reasonably prudent person would
believe the disclosure is likely to result in the student suffering
abuse or neglect, as those terms are defined by Section 261.001,
Family Code.
(e) A school district employee may not discourage or
prohibit parental knowledge of or involvement in critical decisions
affecting a student's mental, emotional, or physical health or
well-being.
(f) Any student support services training developed or
provided by a school district to district employees must comply
with any student services guidelines, standards, and frameworks
established by the State Board of Education and the agency.
(g) Before the first instructional day of each school year,
a school district shall provide to the parent of each student
enrolled in the district written notice of each health-related
service offered at the district campus the student attends. The
notice must include a statement of the parent's right to withhold
consent for or decline a health-related service. A parent's
consent to a health-related service does not waive a requirement of
Subsection (a), (c), or (e).
(h) Before administering a student well-being questionnaire
or health screening form to a student enrolled in kindergarten
through eighth grade, a school district must provide a copy of the
questionnaire or form to the student's parent and obtain the
parent's consent to administer the questionnaire or form.
(i) This section may not be construed to limit or alter the
requirements of Section 38.004 of this code or Chapter 261, Family
Code.
(j) Not later than August 1, 2024, the agency, the State
Board of Education, and the State Board for Educator Certification,
as appropriate, shall review and revise as necessary the following
to ensure compliance with this section:
(1) school counseling frameworks and standards;
(2) educator practices and professional conduct
principles; and
(3) any other student services personnel guidelines,
standards, or frameworks.
(k) Subsection (j) and this subsection expire September 1,
2025.
SECTION 2. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0043 to read as follows:
Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
ORIENTATION AND GENDER IDENTITY. A school district,
open-enrollment charter school, or district or charter school
employee may not provide or allow a third party to provide
instruction regarding sexual orientation or gender identity:
(1) to students enrolled in kindergarten through
eighth grade; or
(2) in a manner that is not age-appropriate or
developmentally appropriate.
SECTION 3. Section 12.104(b), Education Code, as amended by
Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
Session, 2021, is reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
37.207, and 37.2071;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; [and]
(Y) [(X)] parental options to retain a student
under Section 28.02124; and
(Z) parental rights to information regarding a
student's mental, emotional, and physical health and
health-related services offered by the school as provided by
Section 26.0083.
SECTION 4. This Act applies beginning with the 2023-2024
school year.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
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 September 1, 2023.