Texas 2023 - 88th Regular

Texas House Bill HB631 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Toth H.B. No. 631
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to parental rights in education.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 26, Education Code, is amended by adding
9	9	Section 26.016 to read as follows:
10	10	Sec. 26.016. PARENTAL RIGHTS AND REMEDIES
11	11	(a) The Texas Education Agency shall adopt procedures for
12	12	notifying a student's parent if there is a change in the student's
13	13	services or monitoring related to the student's mental, emotional,
14	14	or physical health or well-being and the school's ability to
15	15	provide a safe and supportive learning environment for the student.
16	16	The procedures must reinforce the fundamental right of parents to
17	17	make decisions regarding the upbringing and control of their
18	18	children by requiring school district personnel to encourage a
19	19	student to discuss issues relating to his or her well-being with his
20	20	or her parent or to facilitate discussion of the issue with the
21	21	parent. The procedures may not prohibit parents from accessing any
22	22	of their student's education and health records created,
23	23	maintained, or used by the school district.
24	24	(b) At the beginning of the school year, each school
25	25	district shall notify parents of each healthcare service offered at
26	26	their student's school and the option to withhold consent or
27	27	decline any specific service. Parental consent to a health care
28	28	service does not waive the parent's right to access his or her
29	29	student's educational or health records or to be notified about a
30	30	change in his or her student's services or monitoring as provided by
31	31	this section.
32	32	(c) Before administering a student well-being questionnaire
33	33	or health screening form to a student in kindergarten through grade
34	34	5, the school district must provide the questionnaire or health
35	35	screening form to the parent and obtain the permission of the
36	36	parent.
37	37	(d) Each school district shall adopt procedures for a parent
38	38	to notify the principal, or his or her designee, regarding concerns
39	39	under this section at his or her student's school and the process
40	40	for resolving those concerns within 7 calendar days after
41	41	notification by the parent.
42	42	(1) At a minimum, the procedures must require that
43	43	within 30 days after notification by the parent that the concern
44	44	remains unresolved, the school district must either resolve the
45	45	concern or provide a statement of the reasons for not resolving the
46	46	concern.
47	47	(2) If a concern is not resolved by the school
48	48	district, a parent may:
49	49	(A) Request the Commissioner of Education to
50	50	appoint a special magistrate who is a member of the State Bar of
51	51	Texas in good standing and who has at least 5 years' experience in
52	52	administrative law. The special magistrate shall determine facts
53	53	relating to the dispute over the school district procedure or
54	54	practice, consider information provided by the school district, and
55	55	render a recommended decision for resolution to the State Board of
56	56	Education within 30 days after receipt of the request by the parent.
57	57	The State Board of Education must approve or reject the recommended
58	58	decision at its next regularly scheduled meeting that is more than 7
59	59	calendar days and no more than 30 days after the date the
60	60	recommended decision is transmitted. The costs of the special
61	61	magistrate shall be borne by the school district. The State Board
62	62	of Education shall adopt rules, including forms, necessary to
63	63	implement this subsection.
64	64	(B) Bring an action against the school district
65	65	to obtain a declaratory judgment that the school district procedure
66	66	or practice violates this section and seek injunctive relief. A
67	67	court may award damages and shall award reasonable attorney fees
68	68	and court costs to a parent who receives declaratory or injunctive
69	69	relief.
70	70	(3) Each school district shall adopt policies to
71	71	notify parents of the procedures required under this subsection.
72	72	SECTION 2. By June 30, 2024, the Texas Education Agency
73	73	shall review and update, as necessary, school counseling frameworks
74	74	and standards; educator practices and professional conduct
75	75	principles; and any other student services personnel guidelines,
76	76	standards, or frameworks in accordance with the requirements of
77	77	this act.
78	78	SECTION 3. Section 28.004, Education Code, is amended by
79	79	amending subsection (i-3) and adding subsection (i-4) to read as
80	80	follows:
81	81	(i-3) A school district may not adopt procedures or student
82	82	support forms that prohibit school district personnel from
83	83	notifying a parent about his or her student's mental, emotional, or
84	84	physical health or well-being, or a change in related services or
85	85	monitoring, or that encourage or have the effect of encouraging a
86	86	student to withhold from a parent such information. School
87	87	district personnel may not discourage or prohibit parental
88	88	notification of and involvement in critical decisions affecting a
89	89	student's mental, emotional, or physical health or well-being.
90	90	[Subsection (i-2) and this subsection expire August 1, 2024.]
91	91	(i-4) Classroom instruction by school personnel or third
92	92	parties on sexual orientation or gender identity may not occur in
93	93	kindergarten through grade 5 or in a manner that is not age
94	94	appropriate or developmentally appropriate for students in
95	95	accordance with state standards.
96	96	SECTION 4. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2023.