Texas 2023 - 88th Regular

Texas House Bill HB890 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Bell of Kaufman, et al. H.B. No. 890
2	2	(Senate Sponsor - Creighton)
3	3	(In the Senate - Received from the House April 24, 2023;
4	4	May 2, 2023, read first time and referred to Committee on
5	5	Education; May 19, 2023, reported adversely, with favorable
6	6	Committee Substitute by the following vote: Yeas 10, Nays 3;
7	7	May 19, 2023, sent to printer.)
8	8	Click here to see the committee vote
9	9	COMMITTEE SUBSTITUTE FOR H.B. No. 890 By: Middleton
10	10
11	11
12	12	COMMITTEE VOTE
13	13	YeaNayAbsentPNV
14	14	CreightonX
15	15	CampbellX
16	16	BettencourtX
17	17	BirdwellX
18	18	FloresX
19	19	KingX
20	20	LaMantiaX
21	21	MenéndezX
22	22	MiddletonX
23	23	ParkerX
24	24	PaxtonX
25	25	SpringerX
26	26	WestX
27	27	A BILL TO BE ENTITLED
28	28	AN ACT
29	29	relating to parental rights and public school responsibilities
30	30	regarding instructional materials.
31	31	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
32	32	SECTION 1. Chapter 1, Education Code, is amended by adding
33	33	Section 1.009 to read as follows:
34	34	Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
35	35	The fundamental rights granted to parents by their Creator and
36	36	upheld by the United States Constitution, the Texas Constitution,
37	37	and the laws of this state, including the right to direct the moral
38	38	and religious training of the parent's child, make decisions
39	39	concerning the child's education, and consent to medical,
40	40	psychiatric, and psychological treatment of the parent's child
41	41	under Section 151.001, Family Code, may not be infringed on by any
42	42	public elementary or secondary school or state governmental entity,
43	43	including the state or a political subdivision of the state, unless
44	44	the infringement is:
45	45	(1) necessary to further a compelling state interest,
46	46	such as providing life-saving care to a child; and
47	47	(2) narrowly tailored using the least restrictive
48	48	means to achieve that compelling state interest.
49	49	SECTION 2. Section 11.161, Education Code, is amended to
50	50	read as follows:
51	51	Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. (a) In a civil
52	52	suit or administrative proceeding brought under state law or rules
53	53	[,] against an independent school district or an officer of an
54	54	independent school district acting under color of office, the court
55	55	or another person authorized to make decisions regarding the
56	56	proceeding may award costs and reasonable attorney's fees if:
57	57	(1) the court or other authorized person finds that
58	58	the suit or proceeding is frivolous, unreasonable, and without
59	59	foundation; and
60	60	(2) the suit or proceeding is dismissed or judgment is
61	61	for the defendant.
62	62	(b) This section does not apply to a civil suit or
63	63	administrative proceeding brought under the Individuals with
64	64	Disabilities Education Act (20 U.S.C. Section 1400 et seq.). A
65	65	civil suit or administrative proceeding described by this
66	66	subsection is governed by the attorney's fees provisions under 20
67	67	U.S.C. Section 1415.
68	68	SECTION 3. Section 25.036, Education Code, is amended to
69	69	read as follows:
70	70	Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other
71	71	than a high school graduate, who is younger than 21 years of age and
72	72	eligible for enrollment on September 1 of any school year may apply
73	73	to transfer for in-person instruction annually from the child's
74	74	school district of residence to another district in this state for
75	75	in-person instruction [if both the receiving district and the
76	76	applicant parent or guardian or person having lawful control of the
77	77	child jointly approve and timely agree in writing to the transfer].
78	78	(b) A transfer application approved [agreement] under this
79	79	section shall be filed and preserved as a receiving district record
80	80	for audit purposes of the agency.
81	81	(c) A school district may deny approval of a transfer under
82	82	this section only if:
83	83	(1) the district or a school in the district to which a
84	84	student seeks to transfer is at full student capacity or has more
85	85	requests for transfers than available positions after the district
86	86	has filled available positions in accordance with Subsection (e);
87	87	(2) at the time a student seeks to transfer, the
88	88	student is suspended or expelled by the district in which the
89	89	student is enrolled; or
90	90	(3) approving the transfer would supersede a
91	91	court-ordered desegregation plan.
92	92	(d) For the purpose of determining whether a school in a
93	93	school district is at full student capacity under Subsection
94	94	(c)(1), the district may not consider equity as a factor in the
95	95	district's decision-making process.
96	96	(e) A school district that has more applicants for transfer
97	97	under this section than available positions must fill the available
98	98	positions by lottery and must give priority to applicants in the
99	99	following order:
100	100	(1) students who:
101	101	(A) do not reside in the district but were
102	102	enrolled in the district in the preceding school year; or
103	103	(B) are dependents of an employee of the
104	104	receiving district; and
105	105	(2) students:
106	106	(A) receiving special education services under
107	107	Subchapter A, Chapter 29;
108	108	(B) who are dependents of military personnel;
109	109	(C) who are dependents of law enforcement
110	110	personnel;
111	111	(D) in foster care;
112	112	(E) who are the subject of court-ordered
113	113	modification of an order establishing conservatorship or
114	114	possession and access; or
115	115	(F) who are siblings of a student who is enrolled
116	116	in the receiving district at the time the student seeks to transfer.
117	117	(f) A student who transfers to another school district under
118	118	this section may not be charged tuition. The student is included in
119	119	the average daily attendance of the district to which the student
120	120	transfers, beginning on the date the student begins attending
121	121	classes at that district.
122	122	(g) A receiving school district may, but is not required to,
123	123	provide transportation to a student who transfers to the receiving
124	124	district under this section.
125	125	(h) A receiving school district may revoke, at any time
126	126	during the school year, the approval of the student's transfer if:
127	127	(1) the student:
128	128	(A) fails to comply with a condition specified in
129	129	the agreement that is:
130	130	(i) a circumstance specified in the student
131	131	code of conduct under Section 37.001(a)(1);
132	132	(ii) a condition specified in the student
133	133	code of conduct under Section 37.001(a)(2);
134	134	(iii) conduct for which a student is
135	135	required or permitted to be removed from class and placed in a
136	136	disciplinary alternative education program under Section 37.006;
137	137	or
138	138	(iv) conduct for which a student is
139	139	required or permitted to be expelled from school under Section
140	140	37.007; or
141	141	(B) fails to maintain a specified school
142	142	attendance rate; and
143	143	(2) before revoking approval of the student's
144	144	transfer, the district ensures the student is afforded appropriate
145	145	due process and complies with any requirements of state law or
146	146	district policy relating to the expulsion of a student to the same
147	147	extent as if the student were being expelled under Section 37.007.
148	148	SECTION 4. Section 26.001, Education Code, is amended by
149	149	amending Subsections (a), (c), (d), and (e) and adding Subsections
150	150	(a-1) and (c-1) to read as follows:
151	151	(a) As provided under Section 151.001, Family Code, a parent
152	152	has the right to direct the moral and religious training of the
153	153	parent's child, make decisions concerning the child's education,
154	154	and consent to medical, psychiatric, and psychological treatment of
155	155	the child without obstruction or interference from this state, any
156	156	political subdivision of this state, a school district or
157	157	open-enrollment charter school, or any other governmental entity.
158	158	(a-1) Parents are partners with educators, administrators,
159	159	and school district boards of trustees in their children's
160	160	education. Parents shall be encouraged to actively participate in
161	161	creating and implementing educational programs for their children.
162	162	(c) Unless otherwise provided by law, a board of trustees,
163	163	administrator, educator, or other person shall comply with Section
164	164	1.009 and may not limit parental rights or withhold information
165	165	from a parent regarding the parent's child.
166	166	(c-1) A school district may not be considered to have
167	167	withheld information from a parent regarding the parent's child if
168	168	the district's actions are in accordance with other law, including
169	169	the Family Education Rights and Privacy Act of 1974 (20 U.S.C.
170	170	Section 1232g).
171	171	(d) Each board of trustees shall:
172	172	(1) provide for procedures to consider complaints that
173	173	a parent's right has been denied; [.]
174	174	(2) develop a plan for parental participation in the
175	175	district to improve parent and teacher cooperation, including in
176	176	the areas of homework, school attendance, and discipline;
177	177	(3) [(e) Each board of trustees shall] cooperate in
178	178	the establishment of ongoing operations of at least one
179	179	parent-teacher organization at each school in the district to
180	180	promote parental involvement in school activities; and
181	181	(4) provide to a parent of a child on the child's
182	182	enrollment in the district for the first time and to the parent of
183	183	each child enrolled in the district at the beginning of each school
184	184	year information about parental rights and options, including the
185	185	right to withhold consent for or exempt the parent's child from
186	186	certain activities and instruction, that addresses the parent's
187	187	rights and options concerning:
188	188	(A) the child's course of study and supplemental
189	189	services;
190	190	(B) instructional materials and library
191	191	materials;
192	192	(C) health education instruction under Section
193	193	28.004;
194	194	(D) instruction regarding sexual orientation and
195	195	gender identity under Section 28.0043;
196	196	(E) school options, including virtual and remote
197	197	schooling options;
198	198	(F) immunizations under Section 38.001;
199	199	(G) gifted and talented programs;
200	200	(H) promotion, retention, and graduation
201	201	policies;
202	202	(I) grade, class rank, and attendance
203	203	information;
204	204	(J) state standards and requirements;
205	205	(K) data collection practices;
206	206	(L) health care services, including notice and
207	207	consent under Section 26.0083(g); and
208	208	(M) the local grievance procedure under Section
209	209	26.011.
210	210	(e) The agency shall develop a form for use by school
211	211	districts in providing information about parental rights and
212	212	options under Subsection (d)(4). Each school district shall post
213	213	the form in a prominent location on the district's Internet
214	214	website.
215	215	SECTION 5. Chapter 26, Education Code, is amended by adding
216	216	Sections 26.0026, 26.0061, and 26.0083 to read as follows:
217	217	Sec. 26.0026. RIGHT TO SELECT EDUCATIONAL SETTING. A
218	218	parent is entitled to choose the educational setting for the
219	219	parent's child, including public school, private school, or home
220	220	school.
221	221	Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL
222	222	REVIEW. (a) The board of trustees of each school district shall
223	223	establish a process by which a parent of a student, as indicated on
224	224	the student registration form at the student's campus, may request
225	225	an instructional material review under Section 31.0236 for a
226	226	subject area in the grade level in which the student is enrolled.
227	227	(b) A process established under Subsection (a):
228	228	(1) may not require more than one parent of a student
229	229	to make the request;
230	230	(2) must provide for the board of trustees of the
231	231	school district to determine if the request will be granted, either
232	232	originally or through an appeal process; and
233	233	(3) may permit the requesting parent to review the
234	234	instructional material directly before the district conducts an
235	235	instructional material review under Section 31.0236.
236	236	(c) If the parents of at least 25 percent of the students
237	237	enrolled at a campus present to the board of trustees of the school
238	238	district in which the campus is located a petition for the board to
239	239	conduct an instructional material review under Section 31.0236, the
240	240	board shall conduct the review, unless, by a majority vote, the
241	241	board denies the request.
242	242	(d) Notwithstanding Subsection (c), if the parents of at
243	243	least 50 percent of the students enrolled at a school district
244	244	campus present to the board of trustees of the district a petition
245	245	to conduct an instructional material review under Section 31.0236,
246	246	the board shall conduct the review.
247	247	(e) A review conducted under Subsection (c) or (d) shall
248	248	include a review of instructional materials for each subject area
249	249	or grade level specified in the petition.
250	250	(f) The commissioner may adopt rules to implement this
251	251	section.
252	252	Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
253	253	EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
254	254	The agency shall adopt a procedure for school districts to notify
255	255	the parent of a student enrolled in the district regarding any
256	256	change in services provided to or monitoring of the student related
257	257	to the student's mental, emotional, or physical health or
258	258	well-being.
259	259	(b) A procedure adopted under Subsection (a) must reinforce
260	260	the fundamental right of a parent to make decisions regarding the
261	261	upbringing and control of the parent's child by requiring school
262	262	district personnel to:
263	263	(1) encourage a student to discuss issues relating to
264	264	the student's well-being with the student's parent; or
265	265	(2) facilitate a discussion described under
266	266	Subdivision (1).
267	267	(c) A school district may not adopt a procedure that:
268	268	(1) prohibits a district employee from notifying the
269	269	parent of a student regarding:
270	270	(A) information about the student's mental,
271	271	emotional, or physical health or well-being; or
272	272	(B) a change in services provided to or
273	273	monitoring of the student related to the student's mental,
274	274	emotional, or physical health or well-being;
275	275	(2) encourages or has the effect of encouraging a
276	276	student to withhold from the student's parent information described
277	277	by Subdivision (1)(A); or
278	278	(3) prevents a parent from accessing education or
279	279	health records concerning the parent's child.
280	280	(d) Subsections (a) and (c) do not require the disclosure of
281	281	information to a parent if a reasonably prudent person would
282	282	believe the disclosure is likely to result in the student suffering
283	283	abuse or neglect, as those terms are defined by Section 261.001,
284	284	Family Code.
285	285	(e) A school district employee may not discourage or
286	286	prohibit parental knowledge of or involvement in critical decisions
287	287	affecting a student's mental, emotional, or physical health or
288	288	well-being.
289	289	(f) Any student support services training developed or
290	290	provided by a school district to district employees must comply
291	291	with any student services guidelines, standards, and frameworks
292	292	established by the State Board of Education and the agency.
293	293	(g) Before the first instructional day of each school year,
294	294	a school district shall provide to the parent of each student
295	295	enrolled in the district written notice of each health-related
296	296	service offered at the district campus the student attends. The
297	297	notice must include a statement of the parent's right to withhold
298	298	consent for or decline a health-related service. A parent's
299	299	consent to a health-related service does not waive a requirement of
300	300	Subsection (a), (c), or (e).
301	301	(h) Before administering a student well-being questionnaire
302	302	or health screening form to a student enrolled in prekindergarten
303	303	through 12th grade, a school district must provide a copy of the
304	304	questionnaire or form to the student's parent and obtain the
305	305	parent's consent to administer the questionnaire or form.
306	306	(i) This section may not be construed to:
307	307	(1) limit or alter the requirements of Section 38.004
308	308	of this code or Chapter 261, Family Code; or
309	309	(2) limit a school district employee's ability to
310	310	inquire about a student's daily well-being without parental
311	311	consent.
312	312	(j) Not later than June 30, 2024, the agency, the State
313	313	Board of Education, and the State Board for Educator Certification,
314	314	as appropriate, shall review and revise as necessary the following
315	315	to ensure compliance with this section:
316	316	(1) school counseling frameworks and standards;
317	317	(2) educator practices and professional conduct
318	318	principles; and
319	319	(3) any other student services personnel guidelines,
320	320	standards, or frameworks.
321	321	(k) Subsection (j) and this subsection expire September 1,
322	322	2025.
323	323	SECTION 6. Section 26.004(b), Education Code, is amended to
324	324	read as follows:
325	325	(b) A parent is entitled to access to all written records of
326	326	a school district concerning the parent's child, including:
327	327	(1) attendance records;
328	328	(2) test scores;
329	329	(3) grades;
330	330	(4) disciplinary records;
331	331	(5) counseling records;
332	332	(6) psychological records;
333	333	(7) applications for admission;
334	334	(8) medical records in accordance with Section
335	335	38.0095, including health and immunization information;
336	336	(9) teacher and school counselor evaluations;
337	337	(10) reports of behavioral patterns; and
338	338	(11) records relating to assistance provided for
339	339	learning difficulties, including information collected regarding
340	340	any intervention strategies used with the child.
341	341	SECTION 7. Chapter 26, Education Code, is amended by adding
342	342	Section 26.0071 to read as follows:
343	343	Sec. 26.0071. COMMUNITY ENGAGEMENT POLICY. Each board of
344	344	trustees of a school district shall develop a parental engagement
345	345	policy that:
346	346	(1) provides for an Internet portal through which
347	347	parents of students enrolled in the district may submit comments to
348	348	campus or district administrators and the board;
349	349	(2) requires the board to prioritize public comments
350	350	by presenting those comments at the beginning of each board
351	351	meeting; and
352	352	(3) requires board meetings to be held outside of
353	353	typical work hours.
354	354	SECTION 8. Section 26.008, Education Code, is amended to
355	355	read as follows:
356	356	Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT.
357	357	(a) Except as provided by Section 38.004, a [A] parent is entitled
358	358	to:
359	359	(1) full information regarding the school activities
360	360	of a parent's child; and
361	361	(2) notification not later than one school business
362	362	day after the date a school district employee first suspects that a
363	363	criminal offense has been committed against the parent's child
364	364	[except as provided by Section 38.004].
365	365	(b) An attempt by any school district employee to encourage
366	366	or coerce a child to withhold information from the child's parent is
367	367	grounds for discipline under Section 21.104, 21.156, or 21.211, as
368	368	applicable, or by the State Board for Educator Certification, if
369	369	applicable.
370	370	SECTION 9. Section 26.009, Education Code, is amended by
371	371	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
372	372	(c), and (d) to read as follows:
373	373	(a) An employee of a school district must obtain the written
374	374	consent of a child's parent in the manner required by Subsection
375	375	(a-2) before the employee may:
376	376	(1) conduct a psychological examination, test, or
377	377	treatment, unless the examination, test, or treatment is required
378	378	under Section 38.004 or state or federal law regarding requirements
379	379	for special education; [or]
380	380	(2) subject to Subsection (b), make or authorize the
381	381	making of a videotape of a child or record or authorize the
382	382	recording of a child's voice;
383	383	(3) unless authorized by other law:
384	384	(A) disclose a child's health or medical
385	385	information to any person other than the child's parent; or
386	386	(B) collect, use, store, or disclose to any
387	387	person other than the child's parent a child's biometric
388	388	identifiers; or
389	389	(4) subject to Subsection (a-3), provide health care
390	390	services or medication or conduct a medical procedure.
391	391	(a-1) For purposes of Subsection (a), "biometric
392	392	identifier" means a blood sample, hair sample, skin sample, DNA
393	393	sample, body scan, retina or iris scan, fingerprint, voiceprint, or
394	394	record of hand or face geometry.
395	395	(a-2) Written consent for a parent's child to participate in
396	396	a district activity described by Subsection (a) must be signed by
397	397	the parent and returned to the district. A child may not
398	398	participate in the activity unless the district receives the
399	399	parent's signed written consent to that activity.
400	400	(a-3) For the purpose of obtaining written consent for
401	401	actions described by Subsection (a)(4) that are determined by a
402	402	school district to be routine care provided by a person who is
403	403	authorized by the district to provide physical or mental
404	404	health-related services, the district may obtain consent at the
405	405	beginning of the school year or at the time of the child's
406	406	enrollment in the district. Unless otherwise provided by a child's
407	407	parent, written consent obtained in accordance with this subsection
408	408	is effective until the end of the school year in which the consent
409	409	was obtained.
410	410	(c) Before the first instructional day of each school year,
411	411	a school district shall provide to the parent of each student
412	412	enrolled in the district written notice of any actions the district
413	413	may take involving the authorized collection, use, or storage of
414	414	information as described by Subsection (a)(3). The notice must:
415	415	(1) include a plain language explanation for the
416	416	district's collection, use, or storage of the child's information
417	417	and the district's legal authority to engage in that collection,
418	418	use, or storage; and
419	419	(2) be signed by the parent and returned to the
420	420	district.
421	421	(d) A school district shall take disciplinary action
422	422	against an employee responsible for allowing a child to participate
423	423	in an activity described by Subsection (a)(4) if the district did
424	424	not obtain a parent's consent for the child's participation in that
425	425	activity.
426	426	SECTION 10. Section 26.011, Education Code, is amended to
427	427	read as follows:
428	428	Sec. 26.011. LOCAL GRIEVANCE PROCEDURE [COMPLAINTS].
429	429	(a) The board of trustees of each school district shall adopt a
430	430	grievance procedure under which the board shall:
431	431	(1) address each grievance [complaint] that the board
432	432	receives concerning a violation of a right guaranteed by Section
433	433	1.009 or this chapter:
434	434	(A) if the grievance is filed not later than six
435	435	school weeks after the date on which the parent received notice of
436	436	an incident giving rise to the grievance; or
437	437	(B) regardless of whether the grievance was filed
438	438	during the period prescribed by Paragraph (A) if the grievance was
439	439	informally brought to the attention of school district personnel
440	440	during that period;
441	441	(2) allow a parent at any time before a final decision
442	442	by the board to provide additional evidence regarding the parent's
443	443	grievance; and
444	444	(3) allow a parent to file more than one grievance at
445	445	the same time.
446	446	(b) The board of trustees of a school district is not
447	447	required by Subsection (a) or Section 11.1511(b)(13) to address a
448	448	grievance [complaint] that the board receives concerning a
449	449	student's participation in an extracurricular activity that does
450	450	not involve a violation of a right guaranteed by this chapter. This
451	451	subsection does not affect a claim brought by a parent under the
452	452	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
453	453	et seq.) or a successor federal statute addressing special
454	454	education services for a child with a disability.
455	455	(c) The board of trustees of a school district shall ensure
456	456	a grievance procedure adopted under Subsection (a):
457	457	(1) authorizes a parent to file a grievance with the
458	458	principal of the district campus the parent's child attends or the
459	459	person designated by the district to receive grievances for that
460	460	campus;
461	461	(2) requires that a principal or the person designated
462	462	by the district to receive grievances for a campus:
463	463	(A) acknowledge receipt of a grievance under
464	464	Subdivision (1) not later than two school business days after
465	465	receipt of the grievance; and
466	466	(B) not later than the 14th school business day
467	467	after receipt of a grievance described by Subdivision (1), provide
468	468	to the parent who submitted the grievance written documentation of
469	469	the decision regarding the issue that gave rise to the grievance,
470	470	including:
471	471	(i) an explanation of the findings that
472	472	contributed to the decision;
473	473	(ii) notification regarding the parent's
474	474	right to appeal the decision; and
475	475	(iii) the timeline for appealing the
476	476	decision;
477	477	(3) requires that, if a parent appeals a decision
478	478	under Subdivision (2) not later than the 14th school business day
479	479	after receiving notice of the decision, the superintendent or the
480	480	superintendent's designee provide to the parent not later than the
481	481	14th school business day after receipt of the appeal written
482	482	documentation of the decision regarding the issue that gave rise to
483	483	the grievance, including:
484	484	(A) an explanation of the findings that
485	485	contributed to the decision;
486	486	(B) notification regarding the parent's right to
487	487	appeal the decision; and
488	488	(C) the timeline for appealing the decision;
489	489	(4) requires that, if a parent appeals a decision
490	490	under Subdivision (3) not later than the 14th school business day
491	491	after receiving notice of the decision, the board hear the
492	492	grievance in a closed session at the board's next regular meeting
493	493	that occurs on or after the 14th school business day after the date
494	494	the board receives notice of the appeal; and
495	495	(5) requires that, not later than the 10th school
496	496	business day after the date of a board meeting described by
497	497	Subdivision (4), the board provide to the parent written
498	498	documentation of the board's decision regarding the issue that gave
499	499	rise to the grievance, including notice that the parent may appeal
500	500	to the commissioner in writing under Section 7.057, if applicable.
501	501	(d) The parties may mutually agree to adjust the timeline
502	502	for the procedure under this section.
503	503	(e) Notwithstanding Subsection (d), if a grievance
504	504	submitted under this section involves an employee who is on
505	505	documented leave that is scheduled to begin or has begun before the
506	506	grievance is submitted, the district may alter the timeline for the
507	507	procedure under this section to make a reasonable accommodation for
508	508	the employee's leave. The district must provide notice of the
509	509	change to the parent who submitted the grievance.
510	510	SECTION 11. Chapter 26, Education Code, is amended by
511	511	adding Sections 26.0111 and 26.0112 to read as follows:
512	512	Sec. 26.0111. GRIEVANCE HEARING BEFORE HEARING EXAMINER.
513	513	(a) This section applies only to a grievance regarding a violation
514	514	of:
515	515	(1) Section 28.0022, 28.004, or 28.0043 or Chapter 38
516	516	or the implementation of those provisions by a school district; or
517	517	(2) Chapter 551, Government Code, involving school
518	518	district personnel.
519	519	(b) If a parent has exhausted the parent's options under the
520	520	local grievance procedure established by the board of trustees of a
521	521	school district under Section 26.011 regarding a grievance to which
522	522	this section applies, and the grievance is not resolved to a
523	523	parent's satisfaction, the parent may file a written request with
524	524	the commissioner for a hearing before a hearing examiner under this
525	525	section not later than the 30th school business day after the date
526	526	on which the board of trustees of the district resolved the parent's
527	527	grievance under Section 26.011. The parent must provide the
528	528	district with a copy of the request and must provide the
529	529	commissioner with a copy of the district's resolution of the
530	530	grievance. The parties may agree in writing to extend by not more
531	531	than 10 school business days the deadline for requesting a hearing.
532	532	(c) The commissioner shall assign a hearing examiner to
533	533	review the grievance in the manner provided by Section 21.254. The
534	534	hearing examiner has the powers described by Sections 21.255 and
535	535	21.256 and shall conduct the hearing in the manner provided by those
536	536	sections as if the parent were a teacher.
537	537	(d) Not later than the 60th business day after the date on
538	538	which the commissioner receives a parent's written request for a
539	539	hearing, the hearing examiner shall complete the hearing and make a
540	540	written recommendation that includes proposed findings of fact and
541	541	conclusions of law. The recommendation of the hearing examiner is
542	542	final and may not be appealed.
543	543	(e) Sections 21.257(c), (d), and (e) apply to a hearing
544	544	under this section in the same manner as a hearing conducted under
545	545	Subchapter F, Chapter 21.
546	546	(f) Section 21.258 applies to the State Board of Education
547	547	in the same manner as if the board were the board of trustees of the
548	548	school district or board subcommittee.
549	549	(g) Chapter 2001, Government Code, does not apply to the
550	550	State Board of Education's actions regarding the recommendation of
551	551	the hearing examiner.
552	552	(h) The costs of the hearing examiner, the court reporter,
553	553	the original hearing transcript, and any hearing room costs, if the
554	554	hearing room is not provided by the school district, shall be paid
555	555	by the school district if the hearing examiner finds in favor of the
556	556	parent.
557	557	(i) Notwithstanding Subsection (d), if a parent fails to
558	558	appear at a hearing under this section, the hearing examiner is not
559	559	required to complete the hearing and may not make a recommendation
560	560	in favor of the parent.
561	561	Sec. 26.0112. TESTIMONY BEFORE STATE BOARD OF EDUCATION.
562	562	If a hearing examiner reviews and finds against a school district
563	563	under Section 26.0111 in at least five grievances to which that
564	564	section applies involving the district during a school year, the
565	565	superintendent of the school district must appear before the State
566	566	Board of Education to testify regarding the hearing examiner's
567	567	findings and the frequency of grievances against the district.
568	568	SECTION 12. Section 28.002, Education Code, is amended by
569	569	adding Subsection (c-4) to read as follows:
570	570	(c-4) The State Board of Education may not adopt standards
571	571	in violation of Section 28.0043.
572	572	SECTION 13. Subchapter A, Chapter 28, Education Code, is
573	573	amended by adding Section 28.0043 to read as follows:
574	574	Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
575	575	ORIENTATION AND GENDER IDENTITY. (a) A school district,
576	576	open-enrollment charter school, or district or charter school
577	577	employee may not provide or allow a third party to provide
578	578	instruction, guidance, activities, or programming regarding sexual
579	579	orientation or gender identity to students enrolled in
580	580	prekindergarten through 12th grade.
581	581	(b) This section may not be construed to limit:
582	582	(1) a student's ability to engage in speech or
583	583	expressive conduct protected by the First Amendment to the United
584	584	States Constitution or by Section 8, Article I, Texas Constitution,
585	585	that does not result in material disruption to school activities;
586	586	or
587	587	(2) the ability of a person who is authorized by the
588	588	district to provide physical or mental health-related services to
589	589	provide the services to a student, subject to any required parental
590	590	consent.
591	591	SECTION 14. Section 28.02124, Education Code, is amended by
592	592	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
593	593	read as follows:
594	594	(a) Subject to Subsection (c), a parent or guardian may
595	595	elect for a student to:
596	596	(1) repeat prekindergarten;
597	597	(2) enroll in prekindergarten, if the student would
598	598	have been eligible to enroll in prekindergarten during the previous
599	599	school year under Section 29.153(b) and the student has not yet
600	600	enrolled in kindergarten;
601	601	(3) repeat kindergarten;
602	602	(4) enroll in kindergarten, if the student would have
603	603	been eligible to enroll in kindergarten in the previous school year
604	604	and has not yet enrolled in first grade; or
605	605	(5) for grades one through eight [three], repeat the
606	606	grade in which the student was enrolled during the previous school
607	607	year.
608	608	(a-1) Subject to Subsection (c), for courses taken for high
609	609	school credit, a parent or guardian may elect for a student to
610	610	repeat any course in which the student was enrolled during the
611	611	previous school year. A parent or guardian may not elect for a
612	612	student to repeat a course under this subsection if the school
613	613	district or open-enrollment charter school determines the student
614	614	has met all of the requirements for graduation.
615	615	(a-2) A parent or guardian may make an election under
616	616	Subsection (a)(5) or (a-1), or both.
617	617	SECTION 15. The heading to Section 28.022, Education Code,
618	618	is amended to read as follows:
619	619	Sec. 28.022. NOTICE TO PARENT OF UNSATISFACTORY
620	620	PERFORMANCE; CONFERENCES.
621	621	SECTION 16. Section 28.022(a), Education Code, is amended
622	622	to read as follows:
623	623	(a) The board of trustees of each school district shall
624	624	adopt a policy that:
625	625	(1) provides for at least two opportunities for
626	626	in-person conferences during each school year [a conference]
627	627	between each parent of a child enrolled in the district and the
628	628	child's [parents and] teachers;
629	629	(2) requires the district, at least once every 12
630	630	weeks, to give written notice to a parent of a student's performance
631	631	in each class or subject; and
632	632	(3) requires the district, at least once every three
633	633	weeks, or during the fourth week of each nine-week grading period,
634	634	to give written notice to a parent or legal guardian of a student's
635	635	performance in a subject included in the foundation curriculum
636	636	under Section 28.002(a)(1) if the student's performance in the
637	637	subject is consistently unsatisfactory, as determined by the
638	638	district.
639	639	SECTION 17. Subchapter B, Chapter 31, Education Code, is
640	640	amended by adding Section 31.0236 to read as follows:
641	641	Sec. 31.0236. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
642	642	MATERIAL. (a) The agency shall adopt rules developing a process by
643	643	which a school district may conduct a review of instructional
644	644	materials used by a classroom teacher in a foundation curriculum
645	645	course under Section 28.002(a)(1) to determine the degree to which
646	646	the material:
647	647	(1) complies with the instructional materials adopted
648	648	by the school district; and
649	649	(2) is appropriately rigorous for the grade level in
650	650	which it is being used.
651	651	(b) A review conducted under this section may only be
652	652	conducted using a rubric developed by the agency and approved by the
653	653	State Board of Education.
654	654	(c) The agency, in developing a review process under
655	655	Subsection (a):
656	656	(1) shall minimize, to the extent possible, the time a
657	657	classroom teacher is required to spend complying with a review
658	658	conducted under this section;
659	659	(2) may not require a teacher to spend more than 30
660	660	minutes on a single review conducted under this section unless the
661	661	teacher determines that spending more than 30 minutes on the review
662	662	is necessary; and
663	663	(3) shall permit a regional education service center
664	664	to conduct the review for a school district, if the center has
665	665	completed the training offered by the agency under Subsection (d).
666	666	(d) The agency shall provide to regional education service
667	667	centers training relating to appropriately conducting a review
668	668	under this section.
669	669	SECTION 18. Section 12.104(b), Education Code, as amended
670	670	by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974
671	671	(S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature,
672	672	Regular Session, 2021, is reenacted and amended to read as follows:
673	673	(b) An open-enrollment charter school is subject to:
674	674	(1) a provision of this title establishing a criminal
675	675	offense;
676	676	(2) the provisions in Chapter 554, Government Code;
677	677	and
678	678	(3) a prohibition, restriction, or requirement, as
679	679	applicable, imposed by this title or a rule adopted under this
680	680	title, relating to:
681	681	(A) the Public Education Information Management
682	682	System (PEIMS) to the extent necessary to monitor compliance with
683	683	this subchapter as determined by the commissioner;
684	684	(B) criminal history records under Subchapter C,
685	685	Chapter 22;
686	686	(C) reading instruments and accelerated reading
687	687	instruction programs under Section 28.006;
688	688	(D) accelerated instruction under Section
689	689	28.0211;
690	690	(E) high school graduation requirements under
691	691	Section 28.025;
692	692	(F) special education programs under Subchapter
693	693	A, Chapter 29;
694	694	(G) bilingual education under Subchapter B,
695	695	Chapter 29;
696	696	(H) prekindergarten programs under Subchapter E
697	697	or E-1, Chapter 29, except class size limits for prekindergarten
698	698	classes imposed under Section 25.112, which do not apply;
699	699	(I) extracurricular activities under Section
700	700	33.081;
701	701	(J) discipline management practices or behavior
702	702	management techniques under Section 37.0021;
703	703	(K) health and safety under Chapter 38;
704	704	(L) the provisions of Subchapter A, Chapter 39;
705	705	(M) public school accountability and special
706	706	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
707	707	39, and Chapter 39A;
708	708	(N) the requirement under Section 21.006 to
709	709	report an educator's misconduct;
710	710	(O) intensive programs of instruction under
711	711	Section 28.0213;
712	712	(P) the right of a school employee to report a
713	713	crime, as provided by Section 37.148;
714	714	(Q) bullying prevention policies and procedures
715	715	under Section 37.0832;
716	716	(R) the right of a school under Section 37.0052
717	717	to place a student who has engaged in certain bullying behavior in a
718	718	disciplinary alternative education program or to expel the student;
719	719	(S) the right under Section 37.0151 to report to
720	720	local law enforcement certain conduct constituting assault or
721	721	harassment;
722	722	(T) a parent's right to information regarding the
723	723	provision of assistance for learning difficulties to the parent's
724	724	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
725	725	(U) establishment of residency under Section
726	726	25.001;
727	727	(V) school safety requirements under Sections
728	728	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
729	729	37.207, and 37.2071;
730	730	(W) the early childhood literacy and mathematics
731	731	proficiency plans under Section 11.185;
732	732	(X) the college, career, and military readiness
733	733	plans under Section 11.186; [and]
734	734	(Y) [(X)] parental options to retain a student
735	735	under Section 28.02124;
736	736	(Z) parental access to instructional materials
737	737	and curricula under Section 26.0061;
738	738	(AA) the adoption of a community engagement
739	739	policy as provided by Section 26.0071; and
740	740	(BB) parental rights to information regarding a
741	741	student's mental, emotional, and physical health-related needs and
742	742	related services offered by the school as provided by Section
743	743	26.0083.
744	744	SECTION 19. Section 28.004(i-3), Education Code, is
745	745	repealed.
746	746	SECTION 20. To the extent of any conflict, this Act prevails
747	747	over another Act of the 88th Legislature, Regular Session, 2023,
748	748	relating to nonsubstantive additions to and corrections in enacted
749	749	codes.
750	750	SECTION 21. This Act takes effect immediately if it
751	751	receives a vote of two-thirds of all the members elected to each
752	752	house, as provided by Section 39, Article III, Texas Constitution.
753	753	If this Act does not receive the vote necessary for immediate
754	754	effect, this Act takes effect September 1, 2023.
755	755	* * * * *