Texas 2025 - 89th Regular

Texas House Bill HB4381 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14637 KRM-D
2	2	By: Hefner H.B. No. 4381
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to parental rights and required notification in public
10	10	education; authorizing an administrative penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 38, Education Code, is
13	13	amended by adding Section 38.041 to read as follows:
14	14	Sec. 38.041. NOTICE OF PARENTAL RIGHTS. (a) The agency
15	15	shall create and maintain a comprehensive, easily understood
16	16	document that informs a parent of the parent's rights and options
17	17	regarding the health of the parent's child.
18	18	(b) The document created under Subsection (a) must:
19	19	(1) include information regarding a parent's right to:
20	20	(A) withhold consent for or exempt the parent's
21	21	child from certain health-related activities and instruction;
22	22	(B) access health-related information relating
23	23	to the parent's child, including:
24	24	(i) counseling records;
25	25	(ii) psychological records;
26	26	(iii) health and immunization information;
27	27	(iv) teacher and school counselor
28	28	evaluations;
29	29	(v) reports of behavioral patterns;
30	30	(vi) records relating to assistance
31	31	provided for learning difficulties, including information
32	32	collected regarding any intervention strategies used with the
33	33	child; and
34	34	(vii) any other health records or
35	35	health-related information under the Family Educational Rights and
36	36	Privacy Act of 1974 (20 U.S.C. Section 1232g);
37	37	(C) review health-related instructional
38	38	materials;
39	39	(D) remove the parent's child temporarily from a
40	40	class or other school activity that conflicts with the parent's
41	41	religious or moral beliefs;
42	42	(E) exempt the parent's child from
43	43	health-related screenings or evaluations conducted by a school;
44	44	(F) exempt the parent's child from immunization
45	45	requirements for medical reasons or reasons of conscience,
46	46	including a religious belief; and
47	47	(G) withhold consent for or decline
48	48	health-related services and treatment, including:
49	49	(i) psychiatric or psychological
50	50	examinations, tests, and treatment; and
51	51	(ii) the use of psychotropic medication as
52	52	defined by Section 266.001, Family Code;
53	53	(2) include information on how to exercise parental
54	54	rights described by Subdivision (1); and
55	55	(3) be:
56	56	(A) written in plain language;
57	57	(B) provided in English and Spanish;
58	58	(C) updated annually to reflect any relevant
59	59	change in applicable law; and
60	60	(D) made publicly available on the agency's
61	61	Internet website.
62	62	(c) Before the first instructional day of each school year,
63	63	a school district or open-enrollment charter school shall, with
64	64	respect to the document created under Subsection (a):
65	65	(1) post or update, as applicable, the document on the
66	66	district's or school's Internet website;
67	67	(2) e-mail the document to the parent of each child
68	68	enrolled at the district or school;
69	69	(3) include the document in any enrollment materials
70	70	provided to a child enrolled at the district or school; and
71	71	(4) to the extent practicable, provide the document in
72	72	a parent's native language.
73	73	(d) A school district or open-enrollment charter school
74	74	shall provide notice to the parent of each child enrolled at the
75	75	district or school of:
76	76	(1) all health-related services offered at the
77	77	district or school campus the child attends, including mental
78	78	health counseling, health screenings, and vaccination clinics; and
79	79	(2) a health screening or clinic not later than the
80	80	20th day before the date the screening or clinic is conducted at the
81	81	district or school.
82	82	(e) The agency shall develop and require a school district
83	83	or open-enrollment charter school administrator, nurse, counselor,
84	84	teacher, and any other relevant staff to complete a training on the
85	85	parental rights described by Subsection (b).
86	86	(f) The agency shall develop a complaint procedure under
87	87	which the agency shall:
88	88	(1) require a school district or open-enrollment
89	89	charter school to report any complaints received concerning a
90	90	violation of this section;
91	91	(2) address and investigate each complaint; and
92	92	(3) inform the complainant of the agency's
93	93	determinations and findings, including any disciplinary action
94	94	taken.
95	95	(g) If the commissioner determines that a school district or
96	96	open-enrollment charter school has violated this section, the
97	97	agency may:
98	98	(1) withhold state money from the district or school
99	99	for the state fiscal year following the state fiscal year in which
100	100	the district or school violated this section;
101	101	(2) assess an administrative penalty against the
102	102	district or school; and
103	103	(3) take any other action the agency considers
104	104	necessary.
105	105	(h) A school district or open-enrollment charter school
106	106	shall publish an annual report on the district's or school's
107	107	Internet website that describes the number of complaints reported
108	108	under Subsection (f).
109	109	(i) The agency shall audit and periodically conduct site
110	110	visits of school districts and open-enrollment charter schools to
111	111	ensure compliance with this section.
112	112	(j) The agency may collaborate with the Health and Human
113	113	Services Commission and Department of State Health Services as
114	114	necessary to implement this section.
115	115	(k) The commissioner may adopt rules as necessary to
116	116	implement this section.
117	117	SECTION 2. This Act applies beginning with the 2025-2026
118	118	school year.
119	119	SECTION 3. This Act takes effect immediately if it receives
120	120	a vote of two-thirds of all the members elected to each house, as
121	121	provided by Section 39, Article III, Texas Constitution. If this
122	122	Act does not receive the vote necessary for immediate effect, this
123	123	Act takes effect September 1, 2025.