By: Toth H.B. No. 4561
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting excused absences and school district
support for student political protests, advocacy, or attempts to
influence governmental policymaking during the school day, and
establishing educator standards and disciplinary measures to
ensure political neutrality in Texas public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) true civic education is not political action
itself but rather preparation for, and prerequisite to, mature
political life;
(2) respect for the liberties of students and
teachers, the views of a politically diverse citizenry, and the
tradition of institutional political neutrality that flows from
these, means that political activism has no place in formal
education; and
(3) granting excused absences for political student
walk-outs or lobbying invites political favoritism from school
districts and places inappropriate political pressures on
non-participating students, neither of which have a place in the
public education system of Texas.
SECTION 2. Chapter 25 of the Texas Education Code is amended
by adding Section 25.0871 to read as follows:
SECTION 25.0871. PROHIBITION ON EXCUSED ABSENCES AND
SUPPORT FOR POLITICAL ACTIVITIES.
Sec. 25.0871. DEFINITIONS. In this section:
(1) "School" means a public school serving students in
kindergarten through grade 12
(a) A school district shall not grant excused absences to a
student for the purpose of engaging in:
(1) political protest;
(2) social or public policy advocacy; or
(3) attempts to influence legislation or other
governmental policymaking at the local, state, or federal level.
(b) Academic standards, teaching standards, education
standards, curriculum, teacher professional development, and
regulations adopted by the Texas Education Agency or a school
district shall not promote or permit student walk-outs for the
purposes described in Section 2(a).
(c) An absence for a purpose described in Section 2(a) shall
be treated as an unexcused absence and shall not be subject to
disciplinary measures different from those applied to other
unexcused absences.
SECTION 3. Title 19, Part 7, Chapter 247, Rule 247.2 of the
Texas Administrative Code (Code of Ethics and Standard Practices
for Texas Educators) is amended by adding Subsections (J) and (K) to
read as follows:
(J)(3.10) The educator shall not, during working hours,
promote, organize, facilitate, or direct out-of-school student
political protest, student social or public policy advocacy, or
student attempts to influence legislation or other governmental
policymaking at the local, state, or federal level.
(K)(3.11) The educator shall not give permission for, or
issue excused absences for, student absences from school for
purposes of political protest, social or public policy advocacy, or
attempts to influence legislation or other governmental
policymaking at the local, state, or federal level.
SECTION 4. DISCIPLINARY MEASURES FOR EDUCATORS. Chapter 21
of the Texas Education Code is amended by adding Section 21.0582 to
read as follows:
(a) An educator who violates Subsections (J) or (K) as added
by Section 3 of this Act, on a first occasion shall receive an
inscribed reprimand on the educator's official certification
record. Any reprimand pursuant to Subsections (J) or (K) shall be
reported to the Texas Education Agency.
(b) An educator who violates Subsections (J) or (K) as added
by Section 3 of this Act, on a second occasion shall have their
certification suspended for a period of not less than one year. Any
reprimand pursuant to Subsections (J) or (K) shall be reported to
the Texas Education Agency.
(c) An educator who violates Subsections (J) or (K) as added
by Section 3 of this Act, on a third occasion shall have their
certification canceled, without opportunity for reapplication.
SECTION 5. SCHOOL DISTRICT ACCOUNTABILITY. Chapter 39A.002
of the Texas Education Code is amended by adding Subsections 11, 12,
13, and 14 to read as follows:
(11) A school district that organizes, directs, permits,
facilitates, or issues excused absences for out-of-school student
activities described in Section 2(a) of this Act shall be subject to
a reduction in state funding equal to 5 percent of its annual
Foundation School Program allocation for two violations occurring
in a 365-day period, as determined by the Texas Education Agency.
(12) A school district that organizes, directs, permits,
facilitates, or issues excused absences for out-of-school student
activities described in Section 2(a) of this Act shall be subject to
a reduction in state funding equal to 10 percent of its annual
Foundation School Program allocation for three violations
occurring in a 365-day period, as determined by the Texas Education
Agency.
(13) A school district superintendent who fails to report
conduct pursuant to Section 6(m) of this Act shall subject their
district to a reduction in state funding equal to 2.5 percent of its
annual Foundation School Program allocation for any violation
occurring in a 365-day period, as determined by the Texas Education
Agency.
(14) The Texas Education Agency shall adopt rules to
implement and enforce this section.
SECTION 6. PROVISION OF INFORMATION TO TEXAS EDUCATION
AGENCY AND GENERAL PUBLIC. Chapter 21, Section 21.006 of the Texas
Education Code is amended by adding Subsections (l),(m),(n)and (o)
to read as follows:
(l) A school district employee who becomes aware of conduct
taking place that is prohibited by Section 2(a) of this Act is
obligated to report that conduct to the superintendent of the
school district where the violation or alleged violation occurred
and the Texas Education Agency within 48 hours of becoming aware.
(m) A school district superintendent who receives a report
pursuant to Section 6(l) of this Act is obligated to transmit that
report to the Texas Education Agency within 48 hours of receiving
it. A school district superintendent who becomes aware of conduct
taking place that is prohibited by Section 2(a) of this Act is
obligated to report that conduct to the Texas Education Agency
within 48 hours of becoming aware.
(n) The Texas Education Agency shall make reports of alleged
violations available on a publicly available Internet website
within 10 days of receiving a report of a violation or alleged
violation of Section 2(a) of this Act.
(o) The Texas Education Agency shall adopt rules to
implement and enforce this section.
SECTION 7. This Act applies beginning with the 2025-2026
school year.
SECTION 8. 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, 2025.