By: Creighton, et al. S.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to parental rights in public education, to certain public
school requirements and prohibitions regarding instruction and
diversity, equity, and inclusion duties, and to student clubs at
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Education Code, is amended by adding
Sections 1.007 and 1.009 to read as follows:
Sec. 1.007. COMPLIANCE WITH MANDATORY POLICY. (a) In this
section, "public elementary or secondary school" means a school
district and a district, campus, program, or school operating under
a charter under Chapter 12.
(b) A public elementary or secondary school, the school's
governing body, and the school's employees shall implement and
comply with each policy the school is required to adopt under this
code or other law.
Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
The fundamental rights granted to parents by their Creator and
upheld by the United States Constitution, the Texas Constitution,
and the laws of this state, including the right to direct the moral
and religious training of the parent's child, make decisions
concerning the child's education, and consent to medical,
psychiatric, and psychological treatment of the parent's child
under Section 151.001, Family Code, may not be infringed on by any
public elementary or secondary school or state governmental entity,
including the state or a political subdivision of the state, unless
the infringement is:
(1) necessary to further a compelling state interest,
such as providing life-saving care to a child; and
(2) narrowly tailored using the least restrictive
means to achieve that compelling state interest.
SECTION 2. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.0611 to read as follows:
Sec. 7.0611. FACILITY USAGE REPORT. (a) In this section,
"instructional facility" has the meaning assigned by Section
46.001.
(b) The agency by rule shall require each school district to
annually report the following information in the form and manner
prescribed by the agency:
(1) the square footage of each school district
facility and the acreage of land on which each facility sits;
(2) the total student capacity for each instructional
facility on a district campus;
(3) for each campus in the school district:
(A) the enrollment capacity of the campus and of
each grade level offered at the campus; and
(B) the number of students currently enrolled at
the campus and in each grade level offered at the campus;
(4) whether a school district facility is used by one
or more campuses and the campus identifier of each campus that uses
the facility;
(5) what each school district facility is used for,
including:
(A) an instructional facility;
(B) a career and technology center;
(C) an administrative building;
(D) a food service facility;
(E) a transportation facility; and
(F) vacant land; and
(6) whether each school district facility is leased or
owned.
(c) From the information submitted under Subsection (b),
the agency shall produce and make available to the public on the
agency's Internet website an annual report on school district land
and facilities. The agency may combine the report required under
this section with any other required report to avoid multiplicity
of reports.
(d) If the agency determines information provided under
Subsection (b) would create a security risk, such information is
considered confidential for purposes of Chapter 552, Government
Code, and may not be disclosed in the annual report under Subsection
(c).
(e) The commissioner may adopt rules as necessary to
implement this section. In adopting rules for determining the
student capacity of a school district or district campus, the
commissioner may consider the staffing, student-teacher ratio, and
facility capacity of the district or campus.
SECTION 3. Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.005 to read as follows:
Sec. 11.005. PROHIBITION ON DIVERSITY, EQUITY, AND
INCLUSION DUTIES. (a) In this section, "diversity, equity, and
inclusion duties" means:
(1) influencing hiring or employment practices with
respect to race, sex, color, or ethnicity except as necessary to
comply with state or federal antidiscrimination laws;
(2) promoting differential treatment of or providing
special benefits to individuals on the basis of race, color, or
ethnicity;
(3) developing or implementing policies, procedures,
trainings, activities, or programs that reference race, color,
ethnicity, gender identity, or sexual orientation except as
necessary to comply with state or federal law; and
(4) compelling, requiring, inducing, or soliciting
any person to provide a diversity, equity, and inclusion statement
or giving preferential consideration to any person based on the
provision of a diversity, equity, and inclusion statement.
(b) Except as required by state or federal law, a school
district:
(1) may not assign diversity, equity, and inclusion
duties to any person; and
(2) shall prohibit a district employee, contractor, or
volunteer from engaging in diversity, equity, and inclusion duties
at, for, or on behalf of the district.
(c) A school district shall adopt a policy and procedure for
the appropriate discipline, including termination, of a district
employee or contractor who intentionally or knowingly engages in or
assigns to another person diversity, equity, and inclusion duties.
The district shall provide a physical and electronic copy of the
policy and procedure to each district employee or contractor.
(d) Nothing in this section may be construed to:
(1) limit or prohibit a school district from
acknowledging or teaching the significance of state and federal
holidays or commemorative months and how those holidays or months
fit into the themes of history and the stories of this state and the
United States of America in accordance with the essential knowledge
and skills adopted under Subchapter A, Chapter 28;
(2) affect a student's rights under the First
Amendment to the United States Constitution or Section 8, Article
I, Texas Constitution;
(3) limit or prohibit a school district from analyzing
school-based causes and taking steps to eliminate unlawful
discriminatory practices as necessary to address achievement gaps
and differentials described by Section 39.053; or
(4) apply to:
(A) classroom instruction that is consistent
with the essential knowledge and skills adopted by the State Board
of Education;
(B) the collection, monitoring, or reporting of
data;
(C) a policy, practice, procedure, program, or
activity intended to enhance student academic achievement or
postgraduate outcomes that is designed and implemented without
regard to race, sex, color, or ethnicity; or
(D) a student club that is in compliance with the
requirements of Section 33.0815.
SECTION 4. Section 11.161, Education Code, is amended to
read as follows:
Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. (a) In a civil
suit or administrative proceeding brought under state law or
rules[,] against an independent school district or an officer of an
independent school district acting under color of office, the court
or another person authorized to make decisions regarding the
proceeding may award costs and reasonable attorney's fees if:
(1) the court or other authorized person finds that
the suit or proceeding is frivolous, unreasonable, and without
foundation; and
(2) the suit or proceeding is dismissed or judgment is
for the defendant.
(b) This section does not apply to a civil suit or
administrative proceeding brought under the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.). A
civil suit or administrative proceeding described by this
subsection is governed by the attorney's fees provisions under 20
U.S.C. Section 1415.
(c) This section does not apply to a proceeding regarding a
grievance filed under the local grievance procedure established by
the board of trustees of a school district under Section 26.011.
SECTION 5. Section 12.104(b), Education Code, is amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
37.2071 and Subchapter J, Chapter 37;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; [and]
(Y) parental options to retain a student under
Section 28.02124;
(Z) diversity, equity, and inclusion duties
under Section 11.005;
(AA) parental access to instructional materials
and curricula under Section 26.0061;
(BB) the adoption of a parental engagement policy
as provided by Section 26.0071;
(CC) parental rights to information regarding a
student's mental, emotional, and physical health-related needs and
related services offered by the school as provided by Section
26.0083; and
(DD) establishment of a local school health
advisory council with members appointed by the governing body of
the school and health education instruction that complies with
Section 28.004.
SECTION 6. Section 12A.004(a), Education Code, is amended
to read as follows:
(a) A local innovation plan may not provide for the
exemption of a district designated as a district of innovation from
the following provisions of this title:
(1) a state or federal requirement applicable to an
open-enrollment charter school operating under Subchapter D,
Chapter 12;
(2) Subchapters A, C, D, and E, Chapter 11, except that
a district may be exempt from Sections 11.1511(b)(5) and (14) and
Section 11.162;
(3) state curriculum and graduation requirements
adopted under Chapter 28; [and]
(4) Section 28.004; and
(5) academic and financial accountability and
sanctions under Chapters 39 and 39A.
SECTION 7. Section 21.057, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) Except as provided by Subsection (e) and
notwithstanding any other provision of this code, a school district
is not exempt from the requirements of this section.
SECTION 8. Section 25.001(h), Education Code, is amended to
read as follows:
(h) In addition to the penalty provided by Section 37.10,
Penal Code, a person who knowingly falsifies information on a form
required for enrollment of a student in a school district is liable
to the district if the student is not eligible for enrollment in the
district but is enrolled on the basis of the false information. The
person is liable, for the period during which the ineligible
student is enrolled, for [the greater of:
[(1) the maximum tuition fee the district may charge
under Section 25.038; or
[(2)] the amount the district has budgeted for each
student as maintenance and operating expenses.
SECTION 9. Section 25.036, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsections (d), (e),
(f), (g), (h), (i), and (j) to read as follows:
(a) Any child, other than a high school graduate, who is
younger than 21 years of age and eligible for enrollment on
September 1 of any school year may apply to transfer for in-person
instruction [annually] from the child's school district of
residence to another district in this state [if both the receiving
district and the applicant parent or guardian or person having
lawful control of the child jointly approve and timely agree in
writing to the transfer].
(b) A transfer application [agreement] under this section
shall be filed and preserved as a receiving district record for
audit purposes of the agency.
(d) A school district may deny approval of a transfer under
this section only if:
(1) the district or a school in the district to which a
student seeks to transfer is at full student capacity or has more
requests for transfers than available positions after the district
has filled available positions in accordance with Subsection (f)
and has satisfied the requirements provided under Subsection (g);
(2) before the application deadline for the applicable
school year, the district adopted a policy that provides for the
exclusion of a student who has a documented history of a criminal
offense, a juvenile court adjudication, or discipline problems
under Subchapter A, Chapter 37, and the student meets the
conditions for exclusion under the policy; or
(3) approving the transfer would supersede a
court-ordered desegregation plan.
(e) For the purpose of determining whether a school in a
school district is at full student capacity under Subsection
(d)(1), the district may not consider equity as a factor in the
district's decision-making process.
(f) A school district that has more applicants for transfer
under this section than available positions must fill the available
positions by lottery and must give priority to applicants in the
following order:
(1) students who are dependents of an employee of the
receiving district; and
(2) students:
(A) receiving special education services under
Subchapter A, Chapter 29;
(B) who are dependents of military personnel;
(C) who are dependents of law enforcement
personnel;
(D) in foster care;
(E) who are the subject of court-ordered
modification of an order establishing conservatorship or
possession and access; or
(F) who are siblings of a student who is enrolled
in the receiving district at the time the student seeks to transfer.
(g) A school district may deny approval of a transfer under
Subsection (d)(1) only if:
(1) the district publishes and annually updates the
district's full student capacity by campus; and
(2) the district campus to which the student seeks to
transfer is determined to be at capacity based on the information
reported under Section 7.0611 to the agency.
(h) Except as provided by other law, a receiving school
district may, but is not required to, provide transportation to a
student who transfers to the receiving district under this section.
(i) A receiving school district may revoke, at any time
during the school year, the approval of the student's transfer only
if:
(1) the student engages in conduct:
(A) for which a student is required or permitted
to be removed from class and placed in a disciplinary alternative
education program under Section 37.006; or
(B) for which a student is required or permitted
to be expelled from school under Section 37.007; and
(2) before revoking approval of the student's
transfer, the district:
(A) ensures the student is afforded appropriate
due process and complies with any requirements of state law or
district policy relating to the expulsion of a student to the same
extent as if the student were being expelled under Section 37.007;
and
(B) if the student is a child with a disability
under the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.), or the district suspects or has a reason to
suspect that the student may be a child with a disability, complies
with all federal and state requirements regarding revoking the
approval of the student's transfer.
(j) Except as provided by Subsection (i), a student who
transfers under this section may remain enrolled in the receiving
district until the earlier of the date on which:
(1) the student graduates from high school; or
(2) the student is no longer eligible to attend a
public school under Section 25.001.
SECTION 10. Section 25.038, Education Code, is amended to
read as follows:
Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS PAID BY
SCHOOL DISTRICT. (a) Except as provided by Subsection (b), a
[The] receiving school district may charge a tuition fee to another
school district, if the receiving district has contracted with the
other district to educate the other district's students, to the
extent that the district's actual expenditure per student in
average daily attendance, as determined by its board of trustees,
exceeds the sum the district benefits from state aid sources as
provided by Section 25.037. However, unless a tuition fee is
prescribed and set out in a transfer agreement before its execution
by the parties, an increase in tuition charge may not be made for
the year of that transfer that exceeds the tuition charge, if any,
of the preceding school year.
(b) A school district may not charge a tuition fee under
this section for a student transfer authorized under Section
25.036.
SECTION 11. Section 26.001, Education Code, is amended by
amending Subsections (a), (c), (d), and (e) and adding Subsections
(a-1) and (c-1) to read as follows:
(a) As provided under Section 151.001, Family Code, a parent
has the right to direct the moral and religious training of the
parent's child, make decisions concerning the child's education,
and consent to medical, psychiatric, and psychological treatment of
the child without obstruction or interference from this state, any
political subdivision of this state, a school district or
open-enrollment charter school, or any other governmental entity.
(a-1) Parents are partners with educators, administrators,
and school district boards of trustees in their children's
education. Parents shall be encouraged to actively participate in
creating and implementing educational programs for their children.
(c) Unless otherwise provided by law, a board of trustees,
administrator, educator, or other person shall comply with Section
1.009 and may not limit parental rights or withhold information
from a parent regarding the parent's child.
(c-1) A school district may not be considered to have
withheld information from a parent regarding the parent's child if
the district's actions are in accordance with other law, including
the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
(d) Each board of trustees shall:
(1) provide for procedures to consider complaints that
a parent's right has been denied;[.]
(2) develop a plan for parental participation in the
district to improve parent and teacher cooperation, including in
the areas of homework, school attendance, and discipline;
(3) [(e) Each board of trustees shall] cooperate in
the establishment of ongoing operations of at least one
parent-teacher organization at each school in the district to
promote parental involvement in school activities; and
(4) provide to a parent of a child on the child's
enrollment in the district for the first time and to the parent of
each child enrolled in the district at the beginning of each school
year information about parental rights and options, including the
right to withhold consent for or exempt the parent's child from
certain activities and instruction, that addresses the parent's
rights and options concerning:
(A) the child's course of study and supplemental
services;
(B) instructional materials and library
materials;
(C) health education instruction under Section
28.004;
(D) instruction regarding sexual orientation and
gender identity under Section 28.0043;
(E) school options, including virtual and remote
schooling options;
(F) immunizations under Section 38.001;
(G) gifted and talented programs;
(H) promotion, retention, and graduation
policies;
(I) grade, class rank, and attendance
information;
(J) state standards and requirements;
(K) data collection practices;
(L) health care services, including notice and
consent under Section 26.0083(g);
(M) the local grievance procedure under Section
26.011; and
(N) special education and bilingual education
and special language programs.
(e) The agency shall develop a form for use by school
districts in providing information about parental rights and
options under Subsection (d)(4). Each school district shall post
the form in a prominent location on the district's Internet
website.
SECTION 12. Chapter 26, Education Code, is amended by
adding Section 26.0025 to read as follows:
Sec. 26.0025. RIGHT TO SELECT EDUCATIONAL SETTING. A
parent is entitled to choose the educational setting for the
parent's child, including public school, private school, or home
school.
SECTION 13. Section 26.004(b), Education Code, is amended
to read as follows:
(b) A parent is entitled to access to all written records of
a school district concerning the parent's child, including:
(1) attendance records;
(2) test scores;
(3) grades;
(4) disciplinary records;
(5) counseling records;
(6) psychological records;
(7) applications for admission;
(8) medical records in accordance with Section
38.0095, including health and immunization information;
(9) teacher and school counselor evaluations;
(10) reports of behavioral patterns; and
(11) records relating to assistance provided for
learning difficulties, including information collected regarding
any intervention strategies used with the child.
SECTION 14. Chapter 26, Education Code, is amended by
adding Section 26.0071 to read as follows:
Sec. 26.0071. PARENTAL ENGAGEMENT POLICY. Each board of
trustees of a school district shall develop a parental engagement
policy that:
(1) provides for an Internet portal through which
parents of students enrolled in the district may submit comments to
campus or district administrators and the board;
(2) requires the board to prioritize public comments
by presenting those comments at the beginning of each board
meeting; and
(3) requires board meetings to be held outside of
typical work hours.
SECTION 15. Section 26.008, Education Code, is amended to
read as follows:
Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT.
(a) Except as provided by Section 38.004, a [A] parent is entitled
to:
(1) full information regarding the school activities
of a parent's child; and
(2) notification not later than one school business
day after the date a school district employee first suspects that a
criminal offense has been committed against the parent's child
[except as provided by Section 38.004].
(b) An attempt by any school district employee to encourage
or coerce a child to withhold information from the child's parent is
grounds for discipline under Section 21.104, 21.156, or 21.211, as
applicable, or by the State Board for Educator Certification, if
applicable.
SECTION 16. Chapter 26, Education Code, is amended by
adding Section 26.0083 to read as follows:
Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
The agency shall adopt a procedure for school districts to notify
the parent of a student enrolled in the district regarding any
change in services provided to or monitoring of the student related
to the student's mental, emotional, or physical health or
well-being.
(b) A procedure adopted under Subsection (a) must reinforce
the fundamental right of a parent to make decisions regarding the
upbringing and control of the parent's child by requiring school
district personnel to:
(1) encourage a student to discuss issues relating to
the student's well-being with the student's parent; or
(2) facilitate a discussion described under
Subdivision (1).
(c) A school district may not adopt a procedure that:
(1) prohibits a district employee from notifying the
parent of a student regarding:
(A) information about the student's mental,
emotional, or physical health or well-being; or
(B) a change in services provided to or
monitoring of the student related to the student's mental,
emotional, or physical health or well-being;
(2) encourages or has the effect of encouraging a
student to withhold from the student's parent information described
by Subdivision (1)(A); or
(3) prevents a parent from accessing education or
health records concerning the parent's child.
(d) Subsections (a) and (c) do not require the disclosure of
information to a parent if a reasonably prudent person would
believe the disclosure is likely to result in the student suffering
abuse or neglect, as those terms are defined by Section 261.001,
Family Code.
(e) A school district employee may not discourage or
prohibit parental knowledge of or involvement in critical decisions
affecting a student's mental, emotional, or physical health or
well-being.
(f) Any student support services training developed or
provided by a school district to district employees must comply
with any student services guidelines, standards, and frameworks
established by the State Board of Education and the agency.
(g) Before the first instructional day of each school year,
a school district shall provide to the parent of each student
enrolled in the district written notice of each health-related
service offered at the district campus the student attends. The
notice must include a statement of the parent's right to withhold
consent for or decline a health-related service. A parent's
consent to a health-related service does not waive a requirement of
Subsection (a), (c), or (e).
(h) Before administering a student well-being questionnaire
or health screening form to a student enrolled in prekindergarten
through 12th grade, a school district must provide a copy of the
questionnaire or form to the student's parent and obtain the
parent's consent to administer the questionnaire or form.
(i) This section may not be construed to:
(1) limit or alter the requirements of Section 38.004
of this code or Chapter 261, Family Code; or
(2) limit a school district employee's ability to
inquire about a student's daily well-being without parental
consent.
(j) Not later than June 30, 2026, the agency, the State
Board of Education, and the State Board for Educator Certification,
as appropriate, shall review and revise as necessary the following
to ensure compliance with this section:
(1) school counseling frameworks and standards;
(2) educator practices and professional conduct
principles; and
(3) any other student services personnel guidelines,
standards, or frameworks.
(k) Subsection (j) and this subsection expire September 1,
2027.
SECTION 17. Section 26.009, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
(c), and (d) to read as follows:
(a) An employee of a school district must obtain the written
consent of a child's parent in the manner required by Subsection
(a-2) before the employee may:
(1) conduct a psychological examination, test, or
treatment, unless the examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
for special education; [or]
(2) subject to Subsection (b), make or authorize the
making of a videotape of a child or record or authorize the
recording of a child's voice;
(3) unless authorized by other law:
(A) disclose a child's health or medical
information to any person other than the child's parent; or
(B) collect, use, store, or disclose to any
person other than the child's parent a child's biometric
identifiers; or
(4) subject to Subsection (a-3), provide health care
services or medication or conduct a medical procedure.
(a-1) For purposes of Subsection (a), "biometric
identifier" means a blood sample, hair sample, skin sample, DNA
sample, body scan, retina or iris scan, fingerprint, voiceprint, or
record of hand or face geometry.
(a-2) Written consent for a parent's child to participate in
a district activity described by Subsection (a) must be signed by
the parent and returned to the district. A child may not
participate in the activity unless the district receives the
parent's signed written consent to that activity.
(a-3) For the purpose of obtaining written consent for
actions described by Subsection (a)(4) that are determined by a
school district to be routine care provided by a person who is
authorized by the district to provide physical or mental
health-related services, the district may obtain consent at the
beginning of the school year or at the time of the child's
enrollment in the district. Unless otherwise provided by a child's
parent, written consent obtained in accordance with this subsection
is effective until the end of the school year in which the consent
was obtained.
(c) Before the first instructional day of each school year,
a school district shall provide to the parent of each student
enrolled in the district written notice of any actions the district
may take involving the authorized collection, use, or storage of
information as described by Subsection (a)(3). The notice must:
(1) include a plain language explanation for the
district's collection, use, or storage of the child's information
and the district's legal authority to engage in that collection,
use, or storage; and
(2) be signed by the parent and returned to the
district.
(d) A school district shall take disciplinary action
against an employee responsible for allowing a child to participate
in an activity described by Subsection (a)(4) if the district did
not obtain a parent's consent for the child's participation in that
activity.
SECTION 18. Section 26.011, Education Code, is amended to
read as follows:
Sec. 26.011. LOCAL GRIEVANCE PROCEDURE [COMPLAINTS].
(a) The board of trustees of each school district shall adopt a
grievance procedure under which the board shall:
(1) address each grievance [complaint] that the board
receives concerning a violation of the prohibition under Section
11.005 or of a right guaranteed by Section 1.009 or this chapter if
the grievance is filed not later than six school weeks after the
date on which the parent received notice of an incident giving rise
to the grievance;
(2) allow a parent at any time before a final decision
by the board to provide additional evidence regarding the parent's
grievance; and
(3) allow a parent to file more than one grievance at
the same time.
(b) The board of trustees of a school district is not
required by Subsection (a) or Section 11.1511(b)(13) to address a
grievance [complaint] that the board receives concerning a
student's participation in an extracurricular activity that does
not involve a violation of a right guaranteed by this chapter. This
subsection does not affect a claim brought by a parent under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) or a successor federal statute addressing special
education services for a child with a disability.
(c) The board of trustees of a school district shall ensure
a grievance procedure adopted under Subsection (a):
(1) authorizes a parent to file a grievance with the
principal of the district campus the parent's child attends or the
person designated by the district to receive grievances for that
campus;
(2) requires that a principal or the person designated
by the district to receive grievances for a campus:
(A) acknowledge receipt of a grievance under
Subdivision (1) not later than two school business days after
receipt of the grievance; and
(B) not later than the 14th school business day
after receipt of a grievance described by Subdivision (1), provide
to the parent who submitted the grievance written documentation of
the decision regarding the issue that gave rise to the grievance,
including:
(i) an explanation of the findings that
contributed to the decision;
(ii) notification regarding the parent's
right to appeal the decision; and
(iii) the timeline for appealing the
decision;
(3) requires that, if a parent appeals a decision
under Subdivision (2) not later than the 14th school business day
after receiving notice of the decision, the superintendent or the
superintendent's designee provide to the parent not later than the
14th school business day after receipt of the appeal written
documentation of the decision regarding the issue that gave rise to
the grievance, including:
(A) an explanation of the findings that
contributed to the decision;
(B) notification regarding the parent's right to
appeal the decision; and
(C) the timeline for appealing the decision;
(4) requires that, if a parent appeals a decision
under Subdivision (3) not later than the 14th school business day
after receiving notice of the decision, the board hear the
grievance in a closed session at the board's next regular meeting
that occurs on or after the 14th school business day after the date
the board receives notice of the appeal;
(5) requires that, not later than the 10th school
business day after the date of a board meeting described by
Subdivision (4), the board provide to the parent written
documentation of the board's decision regarding the issue that gave
rise to the grievance, including notice that the parent may appeal
to the commissioner in writing under Section 7.057, if applicable;
(6) requires a person responsible for reviewing a
grievance under the procedure to recuse himself or herself from
reviewing the grievance if the person is the subject of the
grievance; and
(7) provides for a review by the next person to whom
the grievance would be appealed if the person who would otherwise
review the grievance is required to recuse himself or herself under
Subdivision (6).
(d) The parties may mutually agree to adjust the timeline
for the procedure under this section.
(e) Notwithstanding Subsection (d), if a grievance
submitted under this section involves an employee who is on
documented leave that is scheduled to begin or has begun before the
grievance is submitted, the school district may alter the timeline
for the procedure under this section to make a reasonable
accommodation for the employee's leave. The district must provide
notice of the change to the parent who submitted the grievance.
SECTION 19. Chapter 26, Education Code, is amended by
adding Sections 26.0111 and 26.0112 to read as follows:
Sec. 26.0111. GRIEVANCE HEARING BEFORE HEARING EXAMINER.
(a) This section applies only to a grievance regarding a violation
of:
(1) Section 11.005, 28.0022, 28.004, or 28.0043 or
Chapter 38 or the implementation of those provisions by a school
district; or
(2) Chapter 551, Government Code, involving school
district personnel.
(b) If a parent has exhausted the parent's options under the
local grievance procedure established by the board of trustees of a
school district under Section 26.011 regarding a grievance to which
this section applies, and the grievance is not resolved to the
parent's satisfaction, the parent may file a written request with
the commissioner for a hearing before a hearing examiner under this
section not later than the 30th school business day after the date
on which the board of trustees of the district resolved the parent's
grievance under Section 26.011. The parent must provide the
district with a copy of the request and must provide the
commissioner with a copy of the district's resolution of the
grievance. The parties may agree in writing to extend by not more
than 10 school business days the deadline for requesting a hearing.
(c) The commissioner shall assign a hearing examiner to
review the grievance in the manner provided by Section 21.254. The
hearing examiner has the powers described by Sections 21.255 and
21.256 and shall conduct the hearing in the manner provided by those
sections as if the parent were a teacher.
(d) Not later than the 60th business day after the date on
which the commissioner receives a parent's written request for a
hearing, the hearing examiner shall complete the hearing and make a
written determination that includes findings of fact and
conclusions of law. The hearing examiner's determination is final
and may not be appealed.
(e) Sections 21.257(c), (d), and (e) apply to a hearing
under this section in the same manner as a hearing conducted under
Subchapter F, Chapter 21.
(f) The costs of the hearing examiner, the court reporter,
the original hearing transcript, and any hearing room costs, if the
hearing room is not provided by the school district, shall be paid
by the school district if the hearing examiner finds in favor of the
parent.
(g) Notwithstanding Subsection (d), if a parent fails to
appear at a hearing under this section, the hearing examiner is not
required to complete the hearing and may not find in favor of the
parent.
Sec. 26.0112. TESTIMONY BEFORE STATE BOARD OF EDUCATION.
If a hearing examiner finds against a school district under Section
26.0111 in at least five grievances to which that section applies
involving the district during a school year, the superintendent of
the school district must appear before the State Board of Education
to testify regarding the hearing examiner's findings and the
frequency of grievances against the district.
SECTION 20. Section 28.002, Education Code, is amended by
adding Subsection (c-6) to read as follows:
(c-6) The State Board of Education may not adopt standards
in violation of Section 28.0043.
SECTION 21. Section 28.0022, Education Code, is amended by
amending Subsection (f) and adding Subsection (h) to read as
follows:
(f) This section does not create a private cause of action
against a teacher, administrator, or other employee of a school
district or open-enrollment charter school. [A school district or
open-enrollment charter school may take appropriate action
involving the employment of any teacher, administrator, or other
employee based on the individual's compliance with state and
federal laws and district policies.]
(h) A school district or open-enrollment charter school
shall adopt a policy and procedure for the appropriate discipline,
including termination, of a district or school employee or
contractor who intentionally or knowingly engages in or assigns to
another person an act prohibited by this section. The district or
school shall provide a physical and electronic copy of the policy
and procedure to each district or school employee or contractor.
SECTION 22. Section 28.004, Education Code, is amended by
adding Subsection (i-2) to read as follows:
(i-2) Before a student may be provided with human sexuality
instruction, a school district must obtain the written consent of
the student's parent. A request for written consent under this
subsection:
(1) may not be included with any other notification or
request for written consent provided to the parent, other than the
notice provided under Subsection (i); and
(2) must be provided to the parent not later than the
14th day before the date on which the human sexuality instruction
begins.
SECTION 23. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0043 to read as follows:
Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
ORIENTATION AND GENDER IDENTITY. (a) A school district,
open-enrollment charter school, or district or charter school
employee may not provide or allow a third party to provide
instruction, guidance, activities, or programming regarding sexual
orientation or gender identity to students enrolled in
prekindergarten through 12th grade.
(b) This section may not be construed to limit:
(1) a student's ability to engage in speech or
expressive conduct protected by the First Amendment to the United
States Constitution or by Section 8, Article I, Texas Constitution,
that does not result in material disruption to school activities;
or
(2) the ability of a person who is authorized by the
district to provide physical or mental health-related services to
provide the services to a student, subject to any required parental
consent.
SECTION 24. The heading to Section 28.022, Education Code,
is amended to read as follows:
Sec. 28.022. NOTICE TO PARENT OF UNSATISFACTORY
PERFORMANCE; CONFERENCES.
SECTION 25. Section 28.022(a), Education Code, is amended
to read as follows:
(a) The board of trustees of each school district shall
adopt a policy that:
(1) provides for at least two opportunities for
in-person conferences during each school year [a conference]
between each parent of a child enrolled in the district and the
child's [parents and] teachers;
(2) requires the district, at least once every 12
weeks, to give written notice to a parent of a student's performance
in each class or subject; and
(3) requires the district, at least once every three
weeks, or during the fourth week of each nine-week grading period,
to give written notice to a parent or legal guardian of a student's
performance in a subject included in the foundation curriculum
under Section 28.002(a)(1) if the student's performance in the
subject is consistently unsatisfactory, as determined by the
district.
SECTION 26. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.0815 to read as follows:
Sec. 33.0815. STUDENT CLUBS; CERTAIN CLUBS PROHIBITED. (a)
A school district or open-enrollment charter school shall require
the written consent of the parent of or person standing in parental
relation to a student enrolled in the district or school before the
student may participate in a student club at the district or school.
(b) A school district or open-enrollment charter school
staff member may serve as the sponsor of a student club based on
race, sex, color, or ethnicity in a supervisory capacity only and
may not provide instruction on any topic in that capacity.
(c) A school district or open-enrollment charter school may
not authorize or sponsor a student club based on sexual orientation
or gender identity.
SECTION 27. Subchapter A, Chapter 39, Education Code, is
amended by adding Section 39.008 to read as follows:
Sec. 39.008. CERTIFICATION OF COMPLIANCE WITH CERTAIN LAWS
REQUIRED. (a) Not later than September 30 of each year, the
superintendent of a school district or open-enrollment charter
school shall certify to the agency that the district or school is in
compliance with this section and Sections 11.005 and 28.0022.
(b) The certification required by Subsection (a) must:
(1) be:
(A) approved by a majority vote of the board of
trustees of the school district or the governing body of the
open-enrollment charter school at a public meeting that includes an
opportunity for public testimony and for which notice was posted on
the district's or school's Internet website at least seven days
before the date on which the meeting is held; and
(B) submitted electronically to the agency; and
(2) include:
(A) a description of the policies and procedures
required by Sections 11.005(c) and 28.0022(h) and the manner in
which district or school employees and contractors were notified of
those policies and procedures;
(B) any existing policies, programs, procedures,
or trainings that were altered to ensure compliance with this
section or Section 11.005 or 28.0022; and
(C) any cost savings resulting from actions taken
by the school district or open-enrollment charter school to comply
with this section.
(c) The agency shall post each certification received under
Subsection (a) on the agency's Internet website.
SECTION 28. The following provisions are repealed:
(1) Section 25.0344, Education Code, as added by
Chapter 583 (H.B. 2892), Acts of the 88th Legislature, Regular
Session, 2023; and
(2) Section 25.0344, Education Code, as added by
Chapter 322 (H.B. 1959), Acts of the 88th Legislature, Regular
Session, 2023.
SECTION 29. Section 12A.004(a), Education Code, as amended
by this Act, applies to a local innovation plan adopted or renewed
before, on, or after the effective date of this Act.
SECTION 30. This Act applies beginning with the 2025-2026
school year.
SECTION 31. 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.