Texas 2025 - 89th Regular

Texas House Bill HB4561 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Toth H.B. No. 4561
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to prohibiting excused absences and school district
7	9		support for student political protests, advocacy, or attempts to
8	10		influence governmental policymaking during the school day, and
9	11		establishing educator standards and disciplinary measures to
10	12		ensure political neutrality in Texas public schools.
11	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	14		SECTION 1. The legislature finds that:
13	15		(1) true civic education is not political action
14	16		itself but rather preparation for, and prerequisite to, mature
15	17		political life;
16	18		(2) respect for the liberties of students and
17	19		teachers, the views of a politically diverse citizenry, and the
18	20		tradition of institutional political neutrality that flows from
19	21		these, means that political activism has no place in formal
20	22		education; and
21	23		(3) granting excused absences for political student
22	24		walk-outs or lobbying invites political favoritism from school
23	25		districts and places inappropriate political pressures on
24	26		non-participating students, neither of which have a place in the
25	27		public education system of Texas.
26	28		SECTION 2. Chapter 25 of the Texas Education Code is amended
27	29		by adding Section 25.0871 to read as follows:
28	30		SECTION 25.0871. PROHIBITION ON EXCUSED ABSENCES AND
29	31		SUPPORT FOR POLITICAL ACTIVITIES.
30	32		Sec. 25.0871. DEFINITIONS. In this section:
31	33		(1) "School" means a public school serving students in
32	34		kindergarten through grade 12
33	35		(a) A school district shall not grant excused absences to a
34	36		student for the purpose of engaging in:
35	37		(1) political protest;
36	38		(2) social or public policy advocacy; or
37	39		(3) attempts to influence legislation or other
38	40		governmental policymaking at the local, state, or federal level.
39	41		(b) Academic standards, teaching standards, education
40	42		standards, curriculum, teacher professional development, and
41	43		regulations adopted by the Texas Education Agency or a school
42	44		district shall not promote or permit student walk-outs for the
43	45		purposes described in Section 2(a).
44	46		(c) An absence for a purpose described in Section 2(a) shall
45	47		be treated as an unexcused absence and shall not be subject to
46	48		disciplinary measures different from those applied to other
47	49		unexcused absences.
48	50		SECTION 3. Title 19, Part 7, Chapter 247, Rule 247.2 of the
49	51		Texas Administrative Code (Code of Ethics and Standard Practices
50	52		for Texas Educators) is amended by adding Subsections (J) and (K) to
51	53		read as follows:
52	54		(J)(3.10) The educator shall not, during working hours,
53	55		promote, organize, facilitate, or direct out-of-school student
54	56		political protest, student social or public policy advocacy, or
55	57		student attempts to influence legislation or other governmental
56	58		policymaking at the local, state, or federal level.
57	59		(K)(3.11) The educator shall not give permission for, or
58	60		issue excused absences for, student absences from school for
59	61		purposes of political protest, social or public policy advocacy, or
60	62		attempts to influence legislation or other governmental
61	63		policymaking at the local, state, or federal level.
62	64		SECTION 4. DISCIPLINARY MEASURES FOR EDUCATORS. Chapter 21
63	65		of the Texas Education Code is amended by adding Section 21.0582 to
64	66		read as follows:
65	67		(a) An educator who violates Subsections (J) or (K) as added
66	68		by Section 3 of this Act, on a first occasion shall receive an
67	69		inscribed reprimand on the educator's official certification
68	70		record. Any reprimand pursuant to Subsections (J) or (K) shall be
69	71		reported to the Texas Education Agency.
70	72		(b) An educator who violates Subsections (J) or (K) as added
71	73		by Section 3 of this Act, on a second occasion shall have their
72	74		certification suspended for a period of not less than one year. Any
73	75		reprimand pursuant to Subsections (J) or (K) shall be reported to
74	76		the Texas Education Agency.
75	77		(c) An educator who violates Subsections (J) or (K) as added
76	78		by Section 3 of this Act, on a third occasion shall have their
77	79		certification canceled, without opportunity for reapplication.
78	80		SECTION 5. SCHOOL DISTRICT ACCOUNTABILITY. Chapter 39A.002
79	81		of the Texas Education Code is amended by adding Subsections 11, 12,
80	82		13, and 14 to read as follows:
81	83		(11) A school district that organizes, directs, permits,
82	84		facilitates, or issues excused absences for out-of-school student
83	85		activities described in Section 2(a) of this Act shall be subject to
84	86		a reduction in state funding equal to 5 percent of its annual
85	87		Foundation School Program allocation for two violations occurring
86	88		in a 365-day period, as determined by the Texas Education Agency.
87	89		(12) A school district that organizes, directs, permits,
88	90		facilitates, or issues excused absences for out-of-school student
89	91		activities described in Section 2(a) of this Act shall be subject to
90	92		a reduction in state funding equal to 10 percent of its annual
91	93		Foundation School Program allocation for three violations
92	94		occurring in a 365-day period, as determined by the Texas Education
93	95		Agency.
94	96		(13) A school district superintendent who fails to report
95	97		conduct pursuant to Section 6(m) of this Act shall subject their
96	98		district to a reduction in state funding equal to 2.5 percent of its
97	99		annual Foundation School Program allocation for any violation
98	100		occurring in a 365-day period, as determined by the Texas Education
99	101		Agency.
100	102		(14) The Texas Education Agency shall adopt rules to
101	103		implement and enforce this section.
102	104		SECTION 6. PROVISION OF INFORMATION TO TEXAS EDUCATION
103	105		AGENCY AND GENERAL PUBLIC. Chapter 21, Section 21.006 of the Texas
104	106		Education Code is amended by adding Subsections (l),(m),(n)and (o)
105	107		to read as follows:
106	108		(l) A school district employee who becomes aware of conduct
107	109		taking place that is prohibited by Section 2(a) of this Act is
108	110		obligated to report that conduct to the superintendent of the
109	111		school district where the violation or alleged violation occurred
110	112		and the Texas Education Agency within 48 hours of becoming aware.
111	113		(m) A school district superintendent who receives a report
112	114		pursuant to Section 6(l) of this Act is obligated to transmit that
113	115		report to the Texas Education Agency within 48 hours of receiving
114	116		it. A school district superintendent who becomes aware of conduct
115	117		taking place that is prohibited by Section 2(a) of this Act is
116	118		obligated to report that conduct to the Texas Education Agency
117	119		within 48 hours of becoming aware.
118	120		(n) The Texas Education Agency shall make reports of alleged
119	121		violations available on a publicly available Internet website
120	122		within 10 days of receiving a report of a violation or alleged
121	123		violation of Section 2(a) of this Act.
122	124		(o) The Texas Education Agency shall adopt rules to
123	125		implement and enforce this section.
124	126		SECTION 7. This Act applies beginning with the 2025-2026
125	127		school year.
126	128		SECTION 8. This Act takes effect immediately if it receives
127	129		a vote of two-thirds of all the members elected to each house, as
128	130		provided by Section 39, Article III, Texas Constitution. If this
129	131		Act does not receive the vote necessary for immediate effect, this
130	132		Act takes effect September 1, 2025.