Texas 2025 - 89th Regular

Texas House Bill HB976 Compare Versions

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

Old	New	Differences
1	1	By: Toth H.B. No. 976
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to parental rights in public education and prohibiting
9	9	certain instruction regarding sexual orientation or gender
10	10	identity; authorizing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter Z, Chapter 22, Education Code, is
13	13	amended by adding Section 22.903 to read as follows:
14	14	Sec. 22.903. PROHIBITION ON RENEWAL OF EMPLOYMENT CONTRACT
15	15	FOR CERTAIN MISCONDUCT. A school district may not renew the
16	16	employment contract for an individual who:
17	17	(1) prevents a parent from accessing written records
18	18	concerning the parent's child in violation of Chapter 26; or
19	19	(2) discourages or prevents parental notification
20	20	regarding a student's mental, emotional, or physical health or
21	21	well-being in violation of Section 26.0083.
22	22	SECTION 2. Chapter 26, Education Code, is amended by adding
23	23	Section 26.0083 to read as follows:
24	24	Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
25	25	EMOTIONAL, AND PHYSICAL HEALTH; CIVIL ENFORCEMENT. (a) Each
26	26	school district shall adopt a procedure for notifying the parent of
27	27	a student enrolled in the district regarding any change in:
28	28	(1) services provided to or monitoring of the student
29	29	related to the student's mental, emotional, or physical health or
30	30	well-being; or
31	31	(2) the district's ability to provide a safe and
32	32	supportive learning environment for the student.
33	33	(b) A procedure adopted under Subsection (a) must reinforce
34	34	the fundamental right of a parent to make decisions regarding the
35	35	upbringing and control of the parent's child by requiring school
36	36	district personnel to:
37	37	(1) encourage a student to discuss issues relating to
38	38	the student's well-being with the student's parent; or
39	39	(2) facilitate a discussion described under
40	40	Subdivision (1).
41	41	(c) A school district may not adopt a procedure or a student
42	42	support form, including a student well-being questionnaire or
43	43	health screening form, that:
44	44	(1) prohibits a district employee from notifying the
45	45	parent of a student regarding:
46	46	(A) information about the student's mental,
47	47	emotional, or physical health or well-being; or
48	48	(B) a change in services provided to or
49	49	monitoring of the student related to the student's mental,
50	50	emotional, or physical health or well-being; or
51	51	(2) encourages or has the effect of encouraging a
52	52	student to withhold from the student's parent information described
53	53	by Subdivision (1)(A).
54	54	(d) Subsections (b) and (c) do not require the disclosure of
55	55	information to a parent if a reasonably prudent person would
56	56	believe the disclosure is likely to result in the student suffering
57	57	abuse or neglect, as those terms are defined by Section 261.001,
58	58	Family Code.
59	59	(e) A school district employee may not discourage or
60	60	prohibit parental knowledge of or involvement in critical decisions
61	61	affecting a student's mental, emotional, or physical health or
62	62	well-being.
63	63	(f) Any student support services training developed or
64	64	provided by a school district to district employees must comply
65	65	with any student services guidelines, standards, and frameworks
66	66	established by the State Board of Education and the agency.
67	67	(g) A parent alleging a violation of this section may bring
68	68	a civil action to obtain appropriate injunctive relief and
69	69	declaratory relief. A court may award damages and shall award
70	70	reasonable attorney's fees and court costs to a prevailing parent.
71	71	(h) A school district whose employee violates this section
72	72	is liable to the state for a civil penalty in an amount not to exceed
73	73	$10,000 for each violation. The attorney general may investigate
74	74	any alleged violation of this section and may sue to collect the
75	75	civil penalty described by this subsection.
76	76	(i) A suit or petition under Subsection (h) may be filed in a
77	77	district court in:
78	78	(1) Travis County; or
79	79	(2) a county in which the principal office of the
80	80	school district is located.
81	81	(j) The attorney general may recover reasonable expenses
82	82	incurred in obtaining relief under this section, including court
83	83	costs, reasonable attorney's fees, investigative costs, witness
84	84	fees, and deposition costs.
85	85	(k) Sovereign immunity to suit is waived and abolished to
86	86	the extent of liability created by this section.
87	87	(l) This section may not be construed to limit or alter the
88	88	requirements of Section 38.004 of this code or Chapter 261, Family
89	89	Code.
90	90	(m) As soon as practicable after the effective date of this
91	91	Act, the agency, the State Board of Education, and the State Board
92	92	for Educator Certification, as appropriate, shall review and revise
93	93	as necessary the following to ensure compliance with this section:
94	94	(1) school counseling frameworks and standards;
95	95	(2) educator practices and professional conduct
96	96	principles; and
97	97	(3) any other student services personnel guidelines,
98	98	standards, or frameworks.
99	99	(n) Subsection (m) and this subsection expire September 1,
100	100	2027.
101	101	SECTION 3. Subchapter A, Chapter 28, Education Code, is
102	102	amended by adding Section 28.0043 to read as follows:
103	103	Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
104	104	ORIENTATION AND GENDER IDENTITY. (a) In this section,
105	105	"age-appropriate" means suitable for particular ages or age groups
106	106	of children or adolescents of the same chronological age or level of
107	107	maturity, based on the development of cognitive, emotional,
108	108	physical, and behavioral capacity that is typical for the age or age
109	109	group.
110	110	(b) A school district, open-enrollment charter school, or
111	111	district or charter school employee may not provide or allow a third
112	112	party to provide instruction regarding sexual orientation or gender
113	113	identity:
114	114	(1) to students enrolled in prekindergarten through
115	115	eighth grade; or
116	116	(2) in a manner that is not age-appropriate or
117	117	developmentally appropriate.
118	118	SECTION 4. Section 12.104(b), Education Code, as amended by
119	119	Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
120	120	2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
121	121	Session, 2021, is reenacted and amended to read as follows:
122	122	(b) An open-enrollment charter school is subject to:
123	123	(1) a provision of this title establishing a criminal
124	124	offense;
125	125	(2) the provisions in Chapter 554, Government Code;
126	126	and
127	127	(3) a prohibition, restriction, or requirement, as
128	128	applicable, imposed by this title or a rule adopted under this
129	129	title, relating to:
130	130	(A) the Public Education Information Management
131	131	System (PEIMS) to the extent necessary to monitor compliance with
132	132	this subchapter as determined by the commissioner;
133	133	(B) criminal history records under Subchapter C,
134	134	Chapter 22;
135	135	(C) reading instruments and accelerated reading
136	136	instruction programs under Section 28.006;
137	137	(D) accelerated instruction under Section
138	138	28.0211;
139	139	(E) high school graduation requirements under
140	140	Section 28.025;
141	141	(F) special education programs under Subchapter
142	142	A, Chapter 29;
143	143	(G) bilingual education under Subchapter B,
144	144	Chapter 29;
145	145	(H) prekindergarten programs under Subchapter E
146	146	or E-1, Chapter 29, except class size limits for prekindergarten
147	147	classes imposed under Section 25.112, which do not apply;
148	148	(I) extracurricular activities under Section
149	149	33.081;
150	150	(J) discipline management practices or behavior
151	151	management techniques under Section 37.0021;
152	152	(K) health and safety under Chapter 38;
153	153	(L) the provisions of Subchapter A, Chapter 39;
154	154	(M) public school accountability and special
155	155	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
156	156	39, and Chapter 39A;
157	157	(N) the requirement under Section 21.006 to
158	158	report an educator's misconduct;
159	159	(O) intensive programs of instruction under
160	160	Section 28.0213;
161	161	(P) the right of a school employee to report a
162	162	crime, as provided by Section 37.148;
163	163	(Q) bullying prevention policies and procedures
164	164	under Section 37.0832;
165	165	(R) the right of a school under Section 37.0052
166	166	to place a student who has engaged in certain bullying behavior in a
167	167	disciplinary alternative education program or to expel the student;
168	168	(S) the right under Section 37.0151 to report to
169	169	local law enforcement certain conduct constituting assault or
170	170	harassment;
171	171	(T) a parent's right to information regarding the
172	172	provision of assistance for learning difficulties to the parent's
173	173	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
174	174	(U) establishment of residency under Section
175	175	25.001;
176	176	(V) school safety requirements under Sections
177	177	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
178	178	37.207, and 37.2071;
179	179	(W) the early childhood literacy and mathematics
180	180	proficiency plans under Section 11.185;
181	181	(X) the college, career, and military readiness
182	182	plans under Section 11.186; [and]
183	183	(Y) [(X)] parental options to retain a student
184	184	under Section 28.02124;
185	185	(Z) parental rights to information regarding a
186	186	student's mental, emotional, and physical health offered by the
187	187	school as provided by Section 26.0083, including the authorization
188	188	of a civil suit and a civil penalty under that section; and
189	189	(AA) the renewal of the employment contract of an
190	190	employee who violates certain parental rights as provided by
191	191	Section 22.903.
192	192	SECTION 5. This Act applies beginning with the 2025-2026
193	193	school year.
194	194	SECTION 6. To the extent of any conflict, this Act prevails
195	195	over another Act of the 89th Legislature, Regular Session, 2025,
196	196	relating to nonsubstantive additions to and corrections in enacted
197	197	codes.
198	198	SECTION 7. This Act takes effect immediately if it receives
199	199	a vote of two-thirds of all the members elected to each house, as
200	200	provided by Section 39, Article III, Texas Constitution. If this
201	201	Act does not receive the vote necessary for immediate effect, this
202	202	Act takes effect September 1, 2025.