By: Toth H.B. No. 631
A BILL TO BE ENTITLED
AN ACT
relating to parental rights in education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 26, Education Code, is amended by adding
Section 26.016 to read as follows:
Sec. 26.016. PARENTAL RIGHTS AND REMEDIES
(a) The Texas Education Agency shall adopt procedures for
notifying a student's parent if there is a change in the student's
services or monitoring related to the student's mental, emotional,
or physical health or well-being and the school's ability to
provide a safe and supportive learning environment for the student.
The procedures must reinforce the fundamental right of parents to
make decisions regarding the upbringing and control of their
children by requiring school district personnel to encourage a
student to discuss issues relating to his or her well-being with his
or her parent or to facilitate discussion of the issue with the
parent. The procedures may not prohibit parents from accessing any
of their student's education and health records created,
maintained, or used by the school district.
(b) At the beginning of the school year, each school
district shall notify parents of each healthcare service offered at
their student's school and the option to withhold consent or
decline any specific service. Parental consent to a health care
service does not waive the parent's right to access his or her
student's educational or health records or to be notified about a
change in his or her student's services or monitoring as provided by
this section.
(c) Before administering a student well-being questionnaire
or health screening form to a student in kindergarten through grade
5, the school district must provide the questionnaire or health
screening form to the parent and obtain the permission of the
parent.
(d) Each school district shall adopt procedures for a parent
to notify the principal, or his or her designee, regarding concerns
under this section at his or her student's school and the process
for resolving those concerns within 7 calendar days after
notification by the parent.
(1) At a minimum, the procedures must require that
within 30 days after notification by the parent that the concern
remains unresolved, the school district must either resolve the
concern or provide a statement of the reasons for not resolving the
concern.
(2) If a concern is not resolved by the school
district, a parent may:
(A) Request the Commissioner of Education to
appoint a special magistrate who is a member of the State Bar of
Texas in good standing and who has at least 5 years' experience in
administrative law. The special magistrate shall determine facts
relating to the dispute over the school district procedure or
practice, consider information provided by the school district, and
render a recommended decision for resolution to the State Board of
Education within 30 days after receipt of the request by the parent.
The State Board of Education must approve or reject the recommended
decision at its next regularly scheduled meeting that is more than 7
calendar days and no more than 30 days after the date the
recommended decision is transmitted. The costs of the special
magistrate shall be borne by the school district. The State Board
of Education shall adopt rules, including forms, necessary to
implement this subsection.
(B) Bring an action against the school district
to obtain a declaratory judgment that the school district procedure
or practice violates this section and seek injunctive relief. A
court may award damages and shall award reasonable attorney fees
and court costs to a parent who receives declaratory or injunctive
relief.
(3) Each school district shall adopt policies to
notify parents of the procedures required under this subsection.
SECTION 2. By June 30, 2024, the Texas Education Agency
shall review and update, as necessary, school counseling frameworks
and standards; educator practices and professional conduct
principles; and any other student services personnel guidelines,
standards, or frameworks in accordance with the requirements of
this act.
SECTION 3. Section 28.004, Education Code, is amended by
amending subsection (i-3) and adding subsection (i-4) to read as
follows:
(i-3) A school district may not adopt procedures or student
support forms that prohibit school district personnel from
notifying a parent about his or her student's mental, emotional, or
physical health or well-being, or a change in related services or
monitoring, or that encourage or have the effect of encouraging a
student to withhold from a parent such information. School
district personnel may not discourage or prohibit parental
notification of and involvement in critical decisions affecting a
student's mental, emotional, or physical health or well-being.
[Subsection (i-2) and this subsection expire August 1, 2024.]
(i-4) Classroom instruction by school personnel or third
parties on sexual orientation or gender identity may not occur in
kindergarten through grade 5 or in a manner that is not age
appropriate or developmentally appropriate for students in
accordance with state standards.
SECTION 4. 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.