Texas 2023 - 88th Regular

Texas House Bill HB1155 Compare Versions

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Version 2 (New)

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1	1	88R3966 MM-D
2	2	By: Patterson H.B. No. 1155
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to parental rights in public education and prohibiting
8	8	instruction regarding sexual orientation or gender identity for
9	9	certain public school students.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 26, Education Code, is amended by adding
12	12	Section 26.0083 to read as follows:
13	13	Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
14	14	EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
15	15	Each school district shall adopt a procedure for notifying the
16	16	parent of a student enrolled in the district regarding any change
17	17	in:
18	18	(1) services provided to or monitoring of the student
19	19	related to the student's mental, emotional, or physical health or
20	20	well-being; or
21	21	(2) the district's ability to provide a safe and
22	22	supportive learning environment for the student.
23	23	(b) A procedure adopted under Subsection (a) must reinforce
24	24	the fundamental right of a parent to make decisions regarding the
25	25	upbringing and control of the parent's child by requiring school
26	26	district personnel to:
27	27	(1) encourage a student to discuss issues relating to
28	28	the student's well-being with the student's parent; or
29	29	(2) facilitate a discussion described under
30	30	Subdivision (1).
31	31	(c) A school district may not adopt a procedure or a student
32	32	support form, including a student well-being questionnaire or
33	33	health screening form, that:
34	34	(1) prohibits a district employee from notifying the
35	35	parent of a student regarding:
36	36	(A) information about the student's mental,
37	37	emotional, or physical health or well-being; or
38	38	(B) a change in services provided to or
39	39	monitoring of the student related to the student's mental,
40	40	emotional, or physical health or well-being;
41	41	(2) encourages or has the effect of encouraging a
42	42	student to withhold from the student's parent information described
43	43	by Subdivision (1)(A); or
44	44	(3) prevents a parent from accessing education or
45	45	health records concerning the parent's child.
46	46	(d) Subsections (a) and (c) do not require the disclosure of
47	47	information to a parent if a reasonably prudent person would
48	48	believe the disclosure is likely to result in the student suffering
49	49	abuse or neglect, as those terms are defined by Section 261.001,
50	50	Family Code.
51	51	(e) A school district employee may not discourage or
52	52	prohibit parental knowledge of or involvement in critical decisions
53	53	affecting a student's mental, emotional, or physical health or
54	54	well-being.
55	55	(f) Any student support services training developed or
56	56	provided by a school district to district employees must comply
57	57	with any student services guidelines, standards, and frameworks
58	58	established by the State Board of Education and the agency.
59	59	(g) Before the first instructional day of each school year,
60	60	a school district shall provide to the parent of each student
61	61	enrolled in the district written notice of each health-related
62	62	service offered at the district campus the student attends. The
63	63	notice must include a statement of the parent's right to withhold
64	64	consent for or decline a health-related service. A parent's
65	65	consent to a health-related service does not waive a requirement of
66	66	Subsection (a), (c), or (e).
67	67	(h) Before administering a student well-being questionnaire
68	68	or health screening form to a student enrolled in kindergarten
69	69	through eighth grade, a school district must provide a copy of the
70	70	questionnaire or form to the student's parent and obtain the
71	71	parent's consent to administer the questionnaire or form.
72	72	(i) This section may not be construed to limit or alter the
73	73	requirements of Section 38.004 of this code or Chapter 261, Family
74	74	Code.
75	75	(j) Not later than August 1, 2024, the agency, the State
76	76	Board of Education, and the State Board for Educator Certification,
77	77	as appropriate, shall review and revise as necessary the following
78	78	to ensure compliance with this section:
79	79	(1) school counseling frameworks and standards;
80	80	(2) educator practices and professional conduct
81	81	principles; and
82	82	(3) any other student services personnel guidelines,
83	83	standards, or frameworks.
84	84	(k) Subsection (j) and this subsection expire September 1,
85	85	2025.
86	86	SECTION 2. Subchapter A, Chapter 28, Education Code, is
87	87	amended by adding Section 28.0043 to read as follows:
88	88	Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
89	89	ORIENTATION AND GENDER IDENTITY. A school district,
90	90	open-enrollment charter school, or district or charter school
91	91	employee may not provide or allow a third party to provide
92	92	instruction regarding sexual orientation or gender identity:
93	93	(1) to students enrolled in kindergarten through
94	94	eighth grade; or
95	95	(2) in a manner that is not age-appropriate or
96	96	developmentally appropriate.
97	97	SECTION 3. Section 12.104(b), Education Code, as amended by
98	98	Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
99	99	2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
100	100	Session, 2021, is reenacted and amended to read as follows:
101	101	(b) An open-enrollment charter school is subject to:
102	102	(1) a provision of this title establishing a criminal
103	103	offense;
104	104	(2) the provisions in Chapter 554, Government Code;
105	105	and
106	106	(3) a prohibition, restriction, or requirement, as
107	107	applicable, imposed by this title or a rule adopted under this
108	108	title, relating to:
109	109	(A) the Public Education Information Management
110	110	System (PEIMS) to the extent necessary to monitor compliance with
111	111	this subchapter as determined by the commissioner;
112	112	(B) criminal history records under Subchapter C,
113	113	Chapter 22;
114	114	(C) reading instruments and accelerated reading
115	115	instruction programs under Section 28.006;
116	116	(D) accelerated instruction under Section
117	117	28.0211;
118	118	(E) high school graduation requirements under
119	119	Section 28.025;
120	120	(F) special education programs under Subchapter
121	121	A, Chapter 29;
122	122	(G) bilingual education under Subchapter B,
123	123	Chapter 29;
124	124	(H) prekindergarten programs under Subchapter E
125	125	or E-1, Chapter 29, except class size limits for prekindergarten
126	126	classes imposed under Section 25.112, which do not apply;
127	127	(I) extracurricular activities under Section
128	128	33.081;
129	129	(J) discipline management practices or behavior
130	130	management techniques under Section 37.0021;
131	131	(K) health and safety under Chapter 38;
132	132	(L) the provisions of Subchapter A, Chapter 39;
133	133	(M) public school accountability and special
134	134	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
135	135	39, and Chapter 39A;
136	136	(N) the requirement under Section 21.006 to
137	137	report an educator's misconduct;
138	138	(O) intensive programs of instruction under
139	139	Section 28.0213;
140	140	(P) the right of a school employee to report a
141	141	crime, as provided by Section 37.148;
142	142	(Q) bullying prevention policies and procedures
143	143	under Section 37.0832;
144	144	(R) the right of a school under Section 37.0052
145	145	to place a student who has engaged in certain bullying behavior in a
146	146	disciplinary alternative education program or to expel the student;
147	147	(S) the right under Section 37.0151 to report to
148	148	local law enforcement certain conduct constituting assault or
149	149	harassment;
150	150	(T) a parent's right to information regarding the
151	151	provision of assistance for learning difficulties to the parent's
152	152	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
153	153	(U) establishment of residency under Section
154	154	25.001;
155	155	(V) school safety requirements under Sections
156	156	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
157	157	37.207, and 37.2071;
158	158	(W) the early childhood literacy and mathematics
159	159	proficiency plans under Section 11.185;
160	160	(X) the college, career, and military readiness
161	161	plans under Section 11.186; [and]
162	162	(Y) [(X)] parental options to retain a student
163	163	under Section 28.02124; and
164	164	(Z) parental rights to information regarding a
165	165	student's mental, emotional, and physical health and
166	166	health-related services offered by the school as provided by
167	167	Section 26.0083.
168	168	SECTION 4. This Act applies beginning with the 2023-2024
169	169	school year.
170	170	SECTION 5. To the extent of any conflict, this Act prevails
171	171	over another Act of the 88th Legislature, Regular Session, 2023,
172	172	relating to nonsubstantive additions to and corrections in enacted
173	173	codes.
174	174	SECTION 6. This Act takes effect immediately if it receives
175	175	a vote of two-thirds of all the members elected to each house, as
176	176	provided by Section 39, Article III, Texas Constitution. If this
177	177	Act does not receive the vote necessary for immediate effect, this
178	178	Act takes effect September 1, 2023.