88R527 MM-D
By: Toth H.B. No. 1541
A BILL TO BE ENTITLED
AN ACT
relating to parental rights in public education and prohibiting
certain instruction regarding sexual orientation or gender
identity; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 22, Education Code, is
amended by adding Section 22.903 to read as follows:
Sec. 22.903. PROHIBITION ON RENEWAL OF EMPLOYMENT CONTRACT
FOR CERTAIN MISCONDUCT. A school district may not renew the
employment contract for an individual who:
(1) prevents a parent from accessing written records
concerning the parent's child in violation of Chapter 26; or
(2) discourages or prevents parental notification
regarding a student's mental, emotional, or physical health or
well-being in violation of Section 26.0083.
SECTION 2. 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; CIVIL ENFORCEMENT. (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; or
(2) encourages or has the effect of encouraging a
student to withhold from the student's parent information described
by Subdivision (1)(A).
(d) Subsections (b) 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) A parent alleging a violation of this section may bring
a civil action to obtain appropriate injunctive relief and
declaratory relief. A court may award damages and shall award
reasonable attorney's fees and court costs to a prevailing parent.
(h) A school district whose employee violates this section
is liable to the state for a civil penalty in an amount not to exceed
$10,000 for each violation. The attorney general may investigate
any alleged violation of this section and may sue to collect the
civil penalty described by this subsection.
(i) A suit or petition under Subsection (h) may be filed in a
district court in:
(1) Travis County; or
(2) a county in which the principal office of the
school district is located.
(j) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
(k) Sovereign immunity to suit is waived and abolished to
the extent of liability created by this section.
(l) This section may not be construed to limit or alter the
requirements of Section 38.004 of this code or Chapter 261, Family
Code.
(m) As soon as practicable after the effective date of this
Act, 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.
(n) Subsection (m) and this subsection expire September 1,
2025.
SECTION 3. 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) In this section,
"age-appropriate" means suitable for particular ages or age groups
of children or adolescents of the same chronological age or level of
maturity, based on the development of cognitive, emotional,
physical, and behavioral capacity that is typical for the age or age
group.
(b) 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 prekindergarten through
eighth grade; or
(2) in a manner that is not age-appropriate or
developmentally appropriate.
SECTION 4. 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;
(Z) parental rights to information regarding a
student's mental, emotional, and physical health offered by the
school as provided by Section 26.0083, including the authorization
of a civil suit and a civil penalty under that section; and
(AA) the renewal of the employment contract of an
employee who violates certain parental rights as provided by
Section 22.903.
SECTION 5. This Act applies beginning with the 2023-2024
school year.
SECTION 6. 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 7. 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.