Texas 2023 - 88th Regular

Texas House Bill HB1541 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R527 MM-D
2	2	By: Toth H.B. No. 1541
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	certain instruction regarding sexual orientation or gender
9	9	identity; authorizing a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter Z, Chapter 22, Education Code, is
12	12	amended by adding Section 22.903 to read as follows:
13	13	Sec. 22.903. PROHIBITION ON RENEWAL OF EMPLOYMENT CONTRACT
14	14	FOR CERTAIN MISCONDUCT. A school district may not renew the
15	15	employment contract for an individual who:
16	16	(1) prevents a parent from accessing written records
17	17	concerning the parent's child in violation of Chapter 26; or
18	18	(2) discourages or prevents parental notification
19	19	regarding a student's mental, emotional, or physical health or
20	20	well-being in violation of Section 26.0083.
21	21	SECTION 2. Chapter 26, Education Code, is amended by adding
22	22	Section 26.0083 to read as follows:
23	23	Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
24	24	EMOTIONAL, AND PHYSICAL HEALTH; CIVIL ENFORCEMENT. (a) Each
25	25	school district shall adopt a procedure for notifying the parent of
26	26	a student enrolled in the district regarding any change in:
27	27	(1) services provided to or monitoring of the student
28	28	related to the student's mental, emotional, or physical health or
29	29	well-being; or
30	30	(2) the district's ability to provide a safe and
31	31	supportive learning environment for the student.
32	32	(b) A procedure adopted under Subsection (a) must reinforce
33	33	the fundamental right of a parent to make decisions regarding the
34	34	upbringing and control of the parent's child by requiring school
35	35	district personnel to:
36	36	(1) encourage a student to discuss issues relating to
37	37	the student's well-being with the student's parent; or
38	38	(2) facilitate a discussion described under
39	39	Subdivision (1).
40	40	(c) A school district may not adopt a procedure or a student
41	41	support form, including a student well-being questionnaire or
42	42	health screening form, that:
43	43	(1) prohibits a district employee from notifying the
44	44	parent of a student regarding:
45	45	(A) information about the student's mental,
46	46	emotional, or physical health or well-being; or
47	47	(B) a change in services provided to or
48	48	monitoring of the student related to the student's mental,
49	49	emotional, or physical health or well-being; or
50	50	(2) encourages or has the effect of encouraging a
51	51	student to withhold from the student's parent information described
52	52	by Subdivision (1)(A).
53	53	(d) Subsections (b) and (c) do not require the disclosure of
54	54	information to a parent if a reasonably prudent person would
55	55	believe the disclosure is likely to result in the student suffering
56	56	abuse or neglect, as those terms are defined by Section 261.001,
57	57	Family Code.
58	58	(e) A school district employee may not discourage or
59	59	prohibit parental knowledge of or involvement in critical decisions
60	60	affecting a student's mental, emotional, or physical health or
61	61	well-being.
62	62	(f) Any student support services training developed or
63	63	provided by a school district to district employees must comply
64	64	with any student services guidelines, standards, and frameworks
65	65	established by the State Board of Education and the agency.
66	66	(g) A parent alleging a violation of this section may bring
67	67	a civil action to obtain appropriate injunctive relief and
68	68	declaratory relief. A court may award damages and shall award
69	69	reasonable attorney's fees and court costs to a prevailing parent.
70	70	(h) A school district whose employee violates this section
71	71	is liable to the state for a civil penalty in an amount not to exceed
72	72	$10,000 for each violation. The attorney general may investigate
73	73	any alleged violation of this section and may sue to collect the
74	74	civil penalty described by this subsection.
75	75	(i) A suit or petition under Subsection (h) may be filed in a
76	76	district court in:
77	77	(1) Travis County; or
78	78	(2) a county in which the principal office of the
79	79	school district is located.
80	80	(j) The attorney general may recover reasonable expenses
81	81	incurred in obtaining relief under this section, including court
82	82	costs, reasonable attorney's fees, investigative costs, witness
83	83	fees, and deposition costs.
84	84	(k) Sovereign immunity to suit is waived and abolished to
85	85	the extent of liability created by this section.
86	86	(l) This section may not be construed to limit or alter the
87	87	requirements of Section 38.004 of this code or Chapter 261, Family
88	88	Code.
89	89	(m) As soon as practicable after the effective date of this
90	90	Act, the agency, the State Board of Education, and the State Board
91	91	for Educator Certification, as appropriate, shall review and revise
92	92	as necessary the following to ensure compliance with this section:
93	93	(1) school counseling frameworks and standards;
94	94	(2) educator practices and professional conduct
95	95	principles; and
96	96	(3) any other student services personnel guidelines,
97	97	standards, or frameworks.
98	98	(n) Subsection (m) and this subsection expire September 1,
99	99	2025.
100	100	SECTION 3. Subchapter A, Chapter 28, Education Code, is
101	101	amended by adding Section 28.0043 to read as follows:
102	102	Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
103	103	ORIENTATION AND GENDER IDENTITY. (a) In this section,
104	104	"age-appropriate" means suitable for particular ages or age groups
105	105	of children or adolescents of the same chronological age or level of
106	106	maturity, based on the development of cognitive, emotional,
107	107	physical, and behavioral capacity that is typical for the age or age
108	108	group.
109	109	(b) A school district, open-enrollment charter school, or
110	110	district or charter school employee may not provide or allow a third
111	111	party to provide instruction regarding sexual orientation or gender
112	112	identity:
113	113	(1) to students enrolled in prekindergarten through
114	114	eighth grade; or
115	115	(2) in a manner that is not age-appropriate or
116	116	developmentally appropriate.
117	117	SECTION 4. Section 12.104(b), Education Code, as amended by
118	118	Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
119	119	2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
120	120	Session, 2021, is reenacted and amended to read as follows:
121	121	(b) An open-enrollment charter school is subject to:
122	122	(1) a provision of this title establishing a criminal
123	123	offense;
124	124	(2) the provisions in Chapter 554, Government Code;
125	125	and
126	126	(3) a prohibition, restriction, or requirement, as
127	127	applicable, imposed by this title or a rule adopted under this
128	128	title, relating to:
129	129	(A) the Public Education Information Management
130	130	System (PEIMS) to the extent necessary to monitor compliance with
131	131	this subchapter as determined by the commissioner;
132	132	(B) criminal history records under Subchapter C,
133	133	Chapter 22;
134	134	(C) reading instruments and accelerated reading
135	135	instruction programs under Section 28.006;
136	136	(D) accelerated instruction under Section
137	137	28.0211;
138	138	(E) high school graduation requirements under
139	139	Section 28.025;
140	140	(F) special education programs under Subchapter
141	141	A, Chapter 29;
142	142	(G) bilingual education under Subchapter B,
143	143	Chapter 29;
144	144	(H) prekindergarten programs under Subchapter E
145	145	or E-1, Chapter 29, except class size limits for prekindergarten
146	146	classes imposed under Section 25.112, which do not apply;
147	147	(I) extracurricular activities under Section
148	148	33.081;
149	149	(J) discipline management practices or behavior
150	150	management techniques under Section 37.0021;
151	151	(K) health and safety under Chapter 38;
152	152	(L) the provisions of Subchapter A, Chapter 39;
153	153	(M) public school accountability and special
154	154	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
155	155	39, and Chapter 39A;
156	156	(N) the requirement under Section 21.006 to
157	157	report an educator's misconduct;
158	158	(O) intensive programs of instruction under
159	159	Section 28.0213;
160	160	(P) the right of a school employee to report a
161	161	crime, as provided by Section 37.148;
162	162	(Q) bullying prevention policies and procedures
163	163	under Section 37.0832;
164	164	(R) the right of a school under Section 37.0052
165	165	to place a student who has engaged in certain bullying behavior in a
166	166	disciplinary alternative education program or to expel the student;
167	167	(S) the right under Section 37.0151 to report to
168	168	local law enforcement certain conduct constituting assault or
169	169	harassment;
170	170	(T) a parent's right to information regarding the
171	171	provision of assistance for learning difficulties to the parent's
172	172	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
173	173	(U) establishment of residency under Section
174	174	25.001;
175	175	(V) school safety requirements under Sections
176	176	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
177	177	37.207, and 37.2071;
178	178	(W) the early childhood literacy and mathematics
179	179	proficiency plans under Section 11.185;
180	180	(X) the college, career, and military readiness
181	181	plans under Section 11.186; [and]
182	182	(Y) [(X)] parental options to retain a student
183	183	under Section 28.02124;
184	184	(Z) parental rights to information regarding a
185	185	student's mental, emotional, and physical health offered by the
186	186	school as provided by Section 26.0083, including the authorization
187	187	of a civil suit and a civil penalty under that section; and
188	188	(AA) the renewal of the employment contract of an
189	189	employee who violates certain parental rights as provided by
190	190	Section 22.903.
191	191	SECTION 5. This Act applies beginning with the 2023-2024
192	192	school year.
193	193	SECTION 6. To the extent of any conflict, this Act prevails
194	194	over another Act of the 88th Legislature, Regular Session, 2023,
195	195	relating to nonsubstantive additions to and corrections in enacted
196	196	codes.
197	197	SECTION 7. This Act takes effect immediately if it receives
198	198	a vote of two-thirds of all the members elected to each house, as
199	199	provided by Section 39, Article III, Texas Constitution. If this
200	200	Act does not receive the vote necessary for immediate effect, this
201	201	Act takes effect September 1, 2023.