Texas 2023 - 88th Regular

Texas Senate Bill SB393 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R4761 PRL-D
2	2	By: Hall S.B. No. 393
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to parental rights in public education and prohibiting
8	8	instruction regarding sexual orientation or gender identity for
9	9	public school students; authorizing a civil remedy.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 26.011, Education Code,
12	12	is amended to read as follows:
13	13	Sec. 26.011. COMPLAINTS; CIVIL REMEDY.
14	14	SECTION 2. Section 26.011, Education Code, is amended by
15	15	adding Subsections (c), (d), and (e) to read as follows:
16	16	(c) A grievance procedure adopted under this section must
17	17	require that, not later than the 30th day after receipt of a
18	18	complaint described by Subsection (a), the school district:
19	19	(1) resolve the issue that gave rise to the complaint;
20	20	or
21	21	(2) provide to the parent who submitted the complaint
22	22	a written explanation of the district's reason for not resolving
23	23	the issue.
24	24	(d) If a school district does not resolve an issue described
25	25	by Subsection (c)(1), the parent may bring a civil action against
26	26	the district to obtain appropriate injunctive and declaratory
27	27	relief. A court may award damages and shall award reasonable
28	28	attorney's fees and court costs to a prevailing parent. Remedies
29	29	provided by this subsection are not exclusive.
30	30	(e) The board of trustees of each school district shall
31	31	adopt a policy for notifying parents of students enrolled in the
32	32	district regarding the grievance procedure adopted by the district
33	33	under this section.
34	34	SECTION 3. Chapter 26, Education Code, is amended by adding
35	35	Sections 26.0083, 26.0084, and 26.016 to read as follows:
36	36	Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
37	37	EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
38	38	Each school district shall adopt a procedure for notifying the
39	39	parent of a student enrolled in the district regarding any change
40	40	in:
41	41	(1) services provided to or monitoring of the student
42	42	related to the student's mental, emotional, or physical health or
43	43	well-being; or
44	44	(2) the district's ability to provide a safe and
45	45	supportive learning environment for the student.
46	46	(b) A procedure adopted under Subsection (a) must reinforce
47	47	the fundamental right of a parent to make decisions regarding the
48	48	upbringing and education of the parent's child by requiring school
49	49	district personnel to:
50	50	(1) encourage a student to discuss issues relating to
51	51	the student's well-being with the student's parent; or
52	52	(2) facilitate a discussion described under
53	53	Subdivision (1).
54	54	(c) A school district may not adopt a procedure or a student
55	55	support form, including a student well-being questionnaire or
56	56	health screening form, that:
57	57	(1) prohibits a district employee from notifying the
58	58	parent of a student regarding:
59	59	(A) information about the student's mental,
60	60	emotional, or physical health or well-being; or
61	61	(B) a change in services provided to or
62	62	monitoring of the student related to the student's mental,
63	63	emotional, or physical health or well-being; or
64	64	(2) encourages or has the effect of encouraging a
65	65	student to withhold from the student's parent information described
66	66	by Subdivision (1)(A).
67	67	(d) A school district employee may not discourage or
68	68	prohibit parental knowledge of or involvement in critical decisions
69	69	affecting a student's mental, emotional, or physical health or
70	70	well-being.
71	71	(e) Before the first instructional day of each school year,
72	72	a school district shall provide to the parent of each student
73	73	enrolled in the district written notice of each health-related
74	74	service offered at the district campus the student attends. The
75	75	notice must include a statement of the parent's right to withhold
76	76	consent for or decline a health-related service. A parent's
77	77	consent to a health-related service does not waive a requirement of
78	78	Subsection (a), (c), or (d).
79	79	(f) Before administering a student support form to a
80	80	student, a school district must provide a copy of the form to the
81	81	student's parent and obtain the parent's consent to administer the
82	82	form.
83	83	(g) Not later than June 30, 2024, the agency, the State
84	84	Board of Education, and the State Board for Educator Certification,
85	85	as appropriate, shall review and revise as necessary the following
86	86	to ensure compliance with this section:
87	87	(1) school counseling frameworks and standards;
88	88	(2) educator practices and professional conduct
89	89	principles; and
90	90	(3) any other student services personnel guidelines,
91	91	standards, or frameworks.
92	92	(h) Subsection (g) and this subsection expire September 1,
93	93	2025.
94	94	Sec. 26.0084. RIGHT TO INFORMATION REGARDING STUDENT'S
95	95	PERCEPTION OF BIOLOGICAL SEX. A school district employee or
96	96	independent contractor of a district, including a third-party
97	97	instructor, guest speaker, or subcontractor, may not withhold from
98	98	a student's parent information related to the student's perception
99	99	of the student's biological sex if that perception is inconsistent
100	100	with the student's biological sex as determined by the student's sex
101	101	organs, chromosomes, and endogenous hormone profiles.
102	102	Sec. 26.016. CONSENT REQUIRED FOR PARTICIPATION IN CERTAIN
103	103	STUDENT CLUBS. (a) In this section, "student club" means any
104	104	student organization sponsored or sanctioned by a school district.
105	105	(b) A school district shall require written parental
106	106	consent as a condition of a student's participation in a student
107	107	club that promotes themes of sexuality, gender, or gender identity.
108	108	(c) A school district shall seek parental consent under this
109	109	section by providing a written form to a parent that includes the
110	110	foundational documents of the student club described by Subsection
111	111	(b) in which the student wishes to participate, including:
112	112	(1) the name of the club;
113	113	(2) the mission statement or purpose of the club; and
114	114	(3) any additional information determined appropriate
115	115	by the school district.
116	116	SECTION 4. Subchapter A, Chapter 28, Education Code, is
117	117	amended by adding Section 28.0043 to read as follows:
118	118	Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
119	119	ORIENTATION AND GENDER IDENTITY. A school district,
120	120	open-enrollment charter school, or district or charter school
121	121	employee may not provide or allow a third party to provide
122	122	instruction regarding sexual orientation or gender identity to
123	123	students enrolled in the district or school.
124	124	SECTION 5. Section 12.104(b), Education Code, as amended by
125	125	Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
126	126	2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
127	127	Session, 2021, is reenacted and amended to read as follows:
128	128	(b) An open-enrollment charter school is subject to:
129	129	(1) a provision of this title establishing a criminal
130	130	offense;
131	131	(2) the provisions in Chapter 554, Government Code;
132	132	and
133	133	(3) a prohibition, restriction, or requirement, as
134	134	applicable, imposed by this title or a rule adopted under this
135	135	title, relating to:
136	136	(A) the Public Education Information Management
137	137	System (PEIMS) to the extent necessary to monitor compliance with
138	138	this subchapter as determined by the commissioner;
139	139	(B) criminal history records under Subchapter C,
140	140	Chapter 22;
141	141	(C) reading instruments and accelerated reading
142	142	instruction programs under Section 28.006;
143	143	(D) accelerated instruction under Section
144	144	28.0211;
145	145	(E) high school graduation requirements under
146	146	Section 28.025;
147	147	(F) special education programs under Subchapter
148	148	A, Chapter 29;
149	149	(G) bilingual education under Subchapter B,
150	150	Chapter 29;
151	151	(H) prekindergarten programs under Subchapter E
152	152	or E-1, Chapter 29, except class size limits for prekindergarten
153	153	classes imposed under Section 25.112, which do not apply;
154	154	(I) extracurricular activities under Section
155	155	33.081;
156	156	(J) discipline management practices or behavior
157	157	management techniques under Section 37.0021;
158	158	(K) health and safety under Chapter 38;
159	159	(L) the provisions of Subchapter A, Chapter 39;
160	160	(M) public school accountability and special
161	161	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
162	162	39, and Chapter 39A;
163	163	(N) the requirement under Section 21.006 to
164	164	report an educator's misconduct;
165	165	(O) intensive programs of instruction under
166	166	Section 28.0213;
167	167	(P) the right of a school employee to report a
168	168	crime, as provided by Section 37.148;
169	169	(Q) bullying prevention policies and procedures
170	170	under Section 37.0832;
171	171	(R) the right of a school under Section 37.0052
172	172	to place a student who has engaged in certain bullying behavior in a
173	173	disciplinary alternative education program or to expel the student;
174	174	(S) the right under Section 37.0151 to report to
175	175	local law enforcement certain conduct constituting assault or
176	176	harassment;
177	177	(T) a parent's right to information regarding the
178	178	provision of assistance for learning difficulties to the parent's
179	179	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
180	180	(U) establishment of residency under Section
181	181	25.001;
182	182	(V) school safety requirements under Sections
183	183	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
184	184	37.207, and 37.2071;
185	185	(W) the early childhood literacy and mathematics
186	186	proficiency plans under Section 11.185;
187	187	(X) the college, career, and military readiness
188	188	plans under Section 11.186; [and]
189	189	(Y) [(X)] parental options to retain a student
190	190	under Section 28.02124; and
191	191	(Z) parental rights to:
192	192	(i) information regarding a student's
193	193	mental, emotional, and physical health and health-related services
194	194	offered by the school as provided by Section 26.0083;
195	195	(ii) information regarding a student's
196	196	perception of the student's biological sex as provided by Section
197	197	26.0084; and
198	198	(iii) consent to a student's participation
199	199	in a student club that promotes themes of sexuality, gender, or
200	200	gender identity as provided by Section 26.016.
201	201	SECTION 6. This Act applies beginning with the 2023-2024
202	202	school year.
203	203	SECTION 7. To the extent of any conflict, this Act prevails
204	204	over another Act of the 88th Legislature, Regular Session, 2023,
205	205	relating to nonsubstantive additions to and corrections in enacted
206	206	codes.
207	207	SECTION 8. This Act takes effect immediately if it receives
208	208	a vote of two-thirds of all the members elected to each house, as
209	209	provided by Section 39, Article III, Texas Constitution. If this
210	210	Act does not receive the vote necessary for immediate effect, this
211	211	Act takes effect September 1, 2023.