Texas 2023 - 88th Regular

Texas House Bill HB1804 Latest Draft

Bill / Introduced Version Filed 01/30/2023

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                            By: Leo-Wilson H.B. No. 1804


 A BILL TO BE ENTITLED
 AN ACT
 relating to the instructional material list and supplemental
 instructional materials adopted by the State Board of Education.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 31.023, Education Code, is amended by
 amending Subsection (b) and adding Subsection (c) to read as
 follows:
 (b)  Each instructional material on the list:
 (1)  must [be]:
 (A)  be [(1)] free from factual errors;
 (B)  be [(2)] suitable for the subject and grade
 level for which the instructional material was submitted; [and]
 (C)  be [(3)] reviewed by academic experts in the
 subject and grade level for which the instructional material was
 submitted;
 (D)  present a scientific theory in an objective
 educational manner that:
 (i)  clearly distinguishes the theory from
 fact; and
 (ii)  includes evidence for both the
 scientific strengths and scientific weaknesses of the theory;
 (E)  present violence, if it appears, in the
 context of the causes and consequences of the violence and not for
 unwholesome excitement or sensationalism;
 (F)  present positive aspects of the United States
 and its heritage, if the instructional material discusses the
 United States or its heritage;
 (G)  present contrasting points of view regarding
 significant political or social movements in history in a balanced
 and factual manner;
 (H)  treat all groups fairly and avoid biases or
 stereotypes regarding any particular individual, group, or type of
 work to reflect the positive contributions of all individuals and
 groups to the American way of life; and
 (I)  include information needed to develop mutual
 respect and understanding among all persons; and
 (2)  may not:
 (A)  include selections or works that condone
 civil disorder, social strife, or disregard for the law;
 (B)  include blatantly offensive language or
 illustrations;
 (C)  encourage lifestyles that deviate from
 generally accepted standards of society;
 (D)  contain a concept described by Section
 28.0022(a)(4)(A); or
 (E)  be authored by an employee of the agency.
 (c)  If the State Board of Education determines that an
 instructional material being considered for adoption under this
 section contains content that does not comply with the standards
 under Subsection (b), the board may not adopt the instructional
 material unless the publisher removes the content or modifies the
 content in a manner that complies with the standards under that
 subsection.
 SECTION 2.  Section 31.035, Education Code, is amended by
 amending Subsection (a) and adding Subsection (a-1) to read as
 follows:
 (a)  Notwithstanding any other provision of this subchapter,
 the State Board of Education may adopt supplemental instructional
 materials that are not on the list adopted under Section 31.023.
 The State Board of Education may adopt supplemental instructional
 material under this section only if the instructional material:
 (1)  contains material covering one or more primary
 focal points or primary topics of a subject in the required
 curriculum under Section 28.002, as determined by the State Board
 of Education;
 (2)  is not designed to serve as the sole instructional
 material for a full course;
 (3)  meets applicable physical specifications adopted
 by the State Board of Education; and
 (4)  complies with the standards under Section
 31.023(b) [is free from factual errors;
 [(5)  is suitable for the subject and grade level; and
 [(6)  is reviewed by academic experts in the subject
 and grade level].
 (a-1)  If the State Board of Education determines that an
 instructional material being considered for adoption under this
 section contains content that does not comply with the standards
 under Subsection (a), the board may not adopt the instructional
 material unless the publisher removes the content or modifies the
 content in a manner that complies with the standards under that
 subsection.
 SECTION 3.  Sections 31.023 and 31.035, Education Code, as
 amended by this Act, apply only to an instructional material list or
 supplemental instructional material adopted on or after the
 effective date of this Act. An instructional material list or
 supplemental instructional material adopted before the effective
 date of this Act is governed by the law in effect when the
 instructional material list or supplemental instructional material
 was adopted, and the former law is continued in effect for that
 purpose.
 SECTION 4.  This Act takes effect September 1, 2023.