89R3404 ANG-D
By: Bernal H.B. No. 781
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. Section 22.05125(b), Education Code, is amended
to read as follows:
(b) A classroom teacher employed by a school district may
not be subject to disciplinary proceedings for an allegation that
the teacher violated [Section 28.0022,] the Establishment Clause of
the First Amendment of the United States Constitution [,] or a
related state or federal law if:
(1) the teacher used only instructional material
included on the list of approved instructional material maintained
by the State Board of Education under Section 31.022 and adopted by
the district; and
(2) the allegation does not dispute that the teacher
delivered instruction from instructional material described by
Subdivision (1) with fidelity.
SECTION 3. 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 4. 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 5. Section 31.0712, Education Code, is amended to
read as follows:
Sec. 31.0712. OPEN EDUCATION RESOURCE ADVISORY BOARD. The
agency shall establish an open education resource advisory board to
ensure that open education resource instructional materials made
available under this subchapter are:
(1) of the highest quality;
(2) aligned with the essential knowledge and skills
adopted by the State Board of Education under Section 28.002 for the
applicable subject and grade level;
(3) suitable for the age of students at the grade level
for which the materials are developed; and
(4) free from bias and factual error[; and
[(5) in compliance with Section 28.0022].
SECTION 6. Section 31.1011(a), Education Code, is amended
to read as follows:
(a) Each school district and open-enrollment charter school
shall annually certify to the State Board of Education and the
commissioner that:
(1) for each subject in the required curriculum under
Section 28.002, other than physical education, and each grade
level, the district or school:
(A) provides each student with instructional
materials that cover all elements of the essential knowledge and
skills adopted by the State Board of Education for that subject and
grade level; and
(B) in the provision of instructional materials,
protects students from obscene or harmful content as necessary for
compliance with:
(i) the Children's Internet Protection Act
(Pub. L. No. 106-554);
(ii) [Section 28.0022;
[(iii)] Section 43.22, Penal Code; and
(iii) [(iv)] any other law or regulation
that protects students from obscene or harmful content; and
(2) the district or school used money allocated to the
district or school under the instructional materials and technology
allotment only for purposes allowed under Section 31.0211.
SECTION 7. Sections 28.0022(b), (c), (d), (e), (f), and
(g), Education Code, are repealed.
SECTION 8. This Act applies beginning with the 2025-2026
school year.
SECTION 9. 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.