1 | 1 | | By: Leo-Wilson H.B. No. 1804 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the instructional material list and supplemental |
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7 | 7 | | instructional materials adopted by the State Board of Education. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 31.023, Education Code, is amended by |
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10 | 10 | | amending Subsection (b) and adding Subsection (c) to read as |
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11 | 11 | | follows: |
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12 | 12 | | (b) Each instructional material on the list: |
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13 | 13 | | (1) must [be]: |
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14 | 14 | | (A) be [(1)] free from factual errors; |
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15 | 15 | | (B) be [(2)] suitable for the subject and grade |
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16 | 16 | | level for which the instructional material was submitted; [and] |
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17 | 17 | | (C) be [(3)] reviewed by academic experts in the |
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18 | 18 | | subject and grade level for which the instructional material was |
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19 | 19 | | submitted; |
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20 | 20 | | (D) present a scientific theory in an objective |
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21 | 21 | | educational manner that: |
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22 | 22 | | (i) clearly distinguishes the theory from |
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23 | 23 | | fact; and |
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24 | 24 | | (ii) includes evidence for both the |
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25 | 25 | | scientific strengths and scientific weaknesses of the theory; |
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26 | 26 | | (E) present violence, if it appears, in the |
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27 | 27 | | context of the causes and consequences of the violence and not for |
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28 | 28 | | unwholesome excitement or sensationalism; |
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29 | 29 | | (F) present positive aspects of the United States |
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30 | 30 | | and its heritage, if the instructional material discusses the |
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31 | 31 | | United States or its heritage; |
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32 | 32 | | (G) present contrasting points of view regarding |
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33 | 33 | | significant political or social movements in history in a balanced |
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34 | 34 | | and factual manner; |
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35 | 35 | | (H) treat all groups fairly and avoid biases or |
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36 | 36 | | stereotypes regarding any particular individual, group, or type of |
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37 | 37 | | work to reflect the positive contributions of all individuals and |
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38 | 38 | | groups to the American way of life; and |
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39 | 39 | | (I) include information needed to develop mutual |
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40 | 40 | | respect and understanding among all persons; and |
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41 | 41 | | (2) may not: |
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42 | 42 | | (A) include selections or works that condone |
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43 | 43 | | civil disorder, social strife, or disregard for the law; |
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44 | 44 | | (B) include blatantly offensive language or |
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45 | 45 | | illustrations; |
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46 | 46 | | (C) encourage lifestyles that deviate from |
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47 | 47 | | generally accepted standards of society; |
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48 | 48 | | (D) contain a concept described by Section |
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49 | 49 | | 28.0022(a)(4)(A); or |
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50 | 50 | | (E) be authored by an employee of the agency. |
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51 | 51 | | (c) If the State Board of Education determines that an |
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52 | 52 | | instructional material being considered for adoption under this |
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53 | 53 | | section contains content that does not comply with the standards |
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54 | 54 | | under Subsection (b), the board may not adopt the instructional |
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55 | 55 | | material unless the publisher removes the content or modifies the |
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56 | 56 | | content in a manner that complies with the standards under that |
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57 | 57 | | subsection. |
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58 | 58 | | SECTION 2. Section 31.035, Education Code, is amended by |
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59 | 59 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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60 | 60 | | follows: |
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61 | 61 | | (a) Notwithstanding any other provision of this subchapter, |
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62 | 62 | | the State Board of Education may adopt supplemental instructional |
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63 | 63 | | materials that are not on the list adopted under Section 31.023. |
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64 | 64 | | The State Board of Education may adopt supplemental instructional |
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65 | 65 | | material under this section only if the instructional material: |
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66 | 66 | | (1) contains material covering one or more primary |
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67 | 67 | | focal points or primary topics of a subject in the required |
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68 | 68 | | curriculum under Section 28.002, as determined by the State Board |
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69 | 69 | | of Education; |
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70 | 70 | | (2) is not designed to serve as the sole instructional |
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71 | 71 | | material for a full course; |
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72 | 72 | | (3) meets applicable physical specifications adopted |
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73 | 73 | | by the State Board of Education; and |
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74 | 74 | | (4) complies with the standards under Section |
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75 | 75 | | 31.023(b) [is free from factual errors; |
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76 | 76 | | [(5) is suitable for the subject and grade level; and |
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77 | 77 | | [(6) is reviewed by academic experts in the subject |
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78 | 78 | | and grade level]. |
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79 | 79 | | (a-1) If the State Board of Education determines that an |
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80 | 80 | | instructional material being considered for adoption under this |
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81 | 81 | | section contains content that does not comply with the standards |
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82 | 82 | | under Subsection (a), the board may not adopt the instructional |
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83 | 83 | | material unless the publisher removes the content or modifies the |
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84 | 84 | | content in a manner that complies with the standards under that |
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85 | 85 | | subsection. |
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86 | 86 | | SECTION 3. Sections 31.023 and 31.035, Education Code, as |
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87 | 87 | | amended by this Act, apply only to an instructional material list or |
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88 | 88 | | supplemental instructional material adopted on or after the |
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89 | 89 | | effective date of this Act. An instructional material list or |
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90 | 90 | | supplemental instructional material adopted before the effective |
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91 | 91 | | date of this Act is governed by the law in effect when the |
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92 | 92 | | instructional material list or supplemental instructional material |
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93 | 93 | | was adopted, and the former law is continued in effect for that |
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94 | 94 | | purpose. |
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95 | 95 | | SECTION 4. This Act takes effect September 1, 2023. |
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