88R2239 ANG-D By: Bernal H.B. No. 97 A BILL TO BE ENTITLED AN ACT relating to certain public school instructional requirements and prohibitions and the incorporation of certain instructional activities as part of student coursework. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 21.4555(a) and (b), Education Code, are amended to read as follows: (a) To facilitate the teaching of curriculum consistent with Section [Sections] 28.002(h-2) [and 28.0022], the commissioner shall develop and make available civics training programs for teachers and administrators. (b) A civics training program developed under this section must include training in: (1) the essential knowledge and skills for the social studies curriculum related to civic knowledge adopted under Section 28.002(h-2); (2) guided classroom discussion of current events, as appropriate for the grade level [and consistent with the restrictions under Section 28.0022]; (3) classroom simulations and models of governmental and democratic processes consistent with the requirements [and restrictions] of Section [Sections] 28.002(h-2) [and 28.0022]; (4) media literacy, including instruction on verifying information and sources, identifying and responding to logical fallacies, and identifying propaganda, as appropriate for the grade level [and consistent with the restrictions under Section 28.0022]; and (5) strategies for incorporating civics instruction into subject areas other than social studies. SECTION 2. The heading to Section 28.0022, Education Code, is amended to read as follows: Sec. 28.0022. CERTAIN INSTRUCTIONAL ACTIVITIES PERMITTED [REQUIREMENTS AND PROHIBITIONS]. SECTION 3. Section 28.0022(a), Education Code, is amended to read as follows: (a) For any course or subject, including an innovative course, for a grade level from kindergarten through grade 12,[: [(1) a teacher may not be compelled to discuss a widely debated and currently controversial issue of public policy or social affairs; [(2) a teacher who chooses to discuss a topic described by Subdivision (1) shall explore that topic objectively and in a manner free from political bias; [(3)] a school district, open-enrollment charter school, or teacher may, as an option for student learning [not require], make part of a course, or award a grade or course credit, including extra credit, for a student's: (1) [(A)] work for, affiliation with, or service learning in association with any organization engaged in[: [(i)] lobbying for legislation at the federal, state, or local level[, if the student's duties involve directly or indirectly attempting to influence social or public policy or the outcome of legislation]; or (2) [(ii) social policy advocacy or public policy advocacy; [(B) political activism, lobbying, or efforts to persuade members of the legislative or executive branch at the federal, state, or local level to take specific actions by direct communication; or [(C)] participation in any internship, practicum, or similar activity involving social policy advocacy or public policy advocacy[; and [(4) a teacher, administrator, or other employee of a state agency, school district, or open-enrollment charter school may not: [(A) require or make part of a course inculcation in the concept that: [(i) one race or sex is inherently superior to another race or sex; [(ii) an individual, by virtue of the individual's race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; [(iii) an individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race or sex; [(iv) an individual's moral character, standing, or worth is necessarily determined by the individual's race or sex; [(v) an individual, by virtue of the individual's race or sex, bears responsibility, blame, or guilt for actions committed by other members of the same race or sex; [(vi) meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race; [(vii) the advent of slavery in the territory that is now the United States constituted the true founding of the United States; or [(viii) with respect to their relationship to American values, slavery and racism are anything other than deviations from, betrayals of, or failures to live up to the authentic founding principles of the United States, which include liberty and equality; [(B) teach, instruct, or train any administrator, teacher, or staff member of a state agency, school district, or open-enrollment charter school to adopt a concept listed under Paragraph (A); or [(C) require an understanding of the 1619 Project]. SECTION 4. Sections 28.0022(b), (c), (d), (e), (f), and (g), Education Code, are repealed. SECTION 5. This Act applies beginning with the 2023-2024 school year. SECTION 6. 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.