Texas 2025 - 89th Regular

Texas Senate Bill SB12 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Creighton, et al. S.B. No. 12
2		-
3		-
	2	+	(In the Senate - Filed February 24, 2025; February 24, 2025,
	3	+	read first time and referred to Committee on Education K-16;
	4	+	March 17, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 2; March 17, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 12 By: Paxton
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to parental rights in public education, to certain public
9	14		school requirements and prohibitions regarding instruction and
10	15		diversity, equity, and inclusion duties, and to student clubs at
11	16		public schools.
12	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	18		SECTION 1. Chapter 1, Education Code, is amended by adding
14	19		Sections 1.007 and 1.009 to read as follows:
15	20		Sec. 1.007. COMPLIANCE WITH MANDATORY POLICY. (a) In this
16	21		section, "public elementary or secondary school" means a school
17	22		district and a district, campus, program, or school operating under
18	23		a charter under Chapter 12.
19	24		(b) A public elementary or secondary school, the school's
20	25		governing body, and the school's employees shall implement and
21	26		comply with each policy the school is required to adopt under this
22	27		code or other law.
23	28		Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
24	29		The fundamental rights granted to parents by their Creator and
25	30		upheld by the United States Constitution, the Texas Constitution,
26	31		and the laws of this state, including the right to direct the moral
27	32		and religious training of the parent's child, make decisions
28	33		concerning the child's education, and consent to medical,
29	34		psychiatric, and psychological treatment of the parent's child
30	35		under Section 151.001, Family Code, may not be infringed on by any
31	36		public elementary or secondary school or state governmental entity,
32	37		including the state or a political subdivision of the state, unless
33	38		the infringement is:
34	39		(1) necessary to further a compelling state interest,
35	40		such as providing life-saving care to a child; and
36	41		(2) narrowly tailored using the least restrictive
37	42		means to achieve that compelling state interest.
38	43		SECTION 2. Subchapter C, Chapter 7, Education Code, is
39	44		amended by adding Section 7.0611 to read as follows:
40	45		Sec. 7.0611. FACILITY USAGE REPORT. (a) In this section,
41	46		"instructional facility" has the meaning assigned by Section
42	47		46.001.
43	48		(b) The agency by rule shall require each school district to
44	49		annually report the following information in the form and manner
45	50		prescribed by the agency:
46	51		(1) the square footage of each school district
47	52		facility and the acreage of land on which each facility sits;
48	53		(2) the total student capacity for each instructional
49	54		facility on a district campus;
50	55		(3) for each campus in the school district:
51	56		(A) the enrollment capacity of the campus and of
52	57		each grade level offered at the campus; and
53	58		(B) the number of students currently enrolled at
54	59		the campus and in each grade level offered at the campus;
55	60		(4) whether a school district facility is used by one
56	61		or more campuses and the campus identifier of each campus that uses
57	62		the facility;
58	63		(5) what each school district facility is used for,
59	64		including:
60	65		(A) an instructional facility;
61	66		(B) a career and technology center;
62	67		(C) an administrative building;
63	68		(D) a food service facility;
64	69		(E) a transportation facility; and
65	70		(F) vacant land; and
66	71		(6) whether each school district facility is leased or
67	72		owned.
68	73		(c) From the information submitted under Subsection (b),
69	74		the agency shall produce and make available to the public on the
70	75		agency's Internet website an annual report on school district land
71	76		and facilities. The agency may combine the report required under
72	77		this section with any other required report to avoid multiplicity
73	78		of reports.
74	79		(d) If the agency determines information provided under
75	80		Subsection (b) would create a security risk, such information is
76	81		considered confidential for purposes of Chapter 552, Government
77	82		Code, and may not be disclosed in the annual report under Subsection
78	83		(c).
79	84		(e) The commissioner may adopt rules as necessary to
80	85		implement this section. In adopting rules for determining the
81	86		student capacity of a school district or district campus, the
82	87		commissioner may consider the staffing, student-teacher ratio, and
83	88		facility capacity of the district or campus.
84	89		SECTION 3. Subchapter A, Chapter 11, Education Code, is
85	90		amended by adding Section 11.005 to read as follows:
86	91		Sec. 11.005. PROHIBITION ON DIVERSITY, EQUITY, AND
87	92		INCLUSION DUTIES. (a) In this section, "diversity, equity, and
88	93		inclusion duties" means:
89	94		(1) influencing hiring or employment practices with
90	95		respect to race, sex, color, or ethnicity except as necessary to
91	96		comply with state or federal antidiscrimination laws;
92	97		(2) promoting differential treatment of or providing
93	98		special benefits to individuals on the basis of race, color, or
94	99		ethnicity;
95	100		(3) developing or implementing policies, procedures,
96	101		trainings, activities, or programs that reference race, color,
97	102		ethnicity, gender identity, or sexual orientation except as
98	103		necessary to comply with state or federal law; and
99	104		(4) compelling, requiring, inducing, or soliciting
100	105		any person to provide a diversity, equity, and inclusion statement
101	106		or giving preferential consideration to any person based on the
102	107		provision of a diversity, equity, and inclusion statement.
103	108		(b) Except as required by state or federal law, a school
104	109		district:
105	110		(1) may not assign diversity, equity, and inclusion
106	111		duties to any person; and
107	112		(2) shall prohibit a district employee, contractor, or
108	113		volunteer from engaging in diversity, equity, and inclusion duties
109	114		at, for, or on behalf of the district.
110	115		(c) A school district shall adopt a policy and procedure for
111	116		the appropriate discipline, including termination, of a district
112	117		employee or contractor who intentionally or knowingly engages in or
113	118		assigns to another person diversity, equity, and inclusion duties.
114	119		The district shall provide a physical and electronic copy of the
115	120		policy and procedure to each district employee or contractor.
116	121		(d) Nothing in this section may be construed to:
117	122		(1) limit or prohibit a school district from
118	123		acknowledging or teaching the significance of state and federal
119	124		holidays or commemorative months and how those holidays or months
120	125		fit into the themes of history and the stories of this state and the
121	126		United States of America in accordance with the essential knowledge
122	127		and skills adopted under Subchapter A, Chapter 28;
123	128		(2) affect a student's rights under the First
124	129		Amendment to the United States Constitution or Section 8, Article
125	130		I, Texas Constitution;
126	131		(3) limit or prohibit a school district from analyzing
127	132		school-based causes and taking steps to eliminate unlawful
128	133		discriminatory practices as necessary to address achievement gaps
129	134		and differentials described by Section 39.053; or
130	135		(4) apply to:
131	136		(A) classroom instruction that is consistent
132	137		with the essential knowledge and skills adopted by the State Board
133	138		of Education;
134	139		(B) the collection, monitoring, or reporting of
135	140		data;
136	141		(C) a policy, practice, procedure, program, or
137	142		activity intended to enhance student academic achievement or
138	143		postgraduate outcomes that is designed and implemented without
139	144		regard to race, sex, color, or ethnicity; or
140	145		(D) a student club that is in compliance with the
141	146		requirements of Section 33.0815.
142	147		SECTION 4. Section 11.161, Education Code, is amended to
143	148		read as follows:
144	149		Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. (a) In a civil
145	150		suit or administrative proceeding brought under state law or
146	151		rules[,] against an independent school district or an officer of an
147	152		independent school district acting under color of office, the court
148	153		or another person authorized to make decisions regarding the
149	154		proceeding may award costs and reasonable attorney's fees if:
150	155		(1) the court or other authorized person finds that
151	156		the suit or proceeding is frivolous, unreasonable, and without
152	157		foundation; and
153	158		(2) the suit or proceeding is dismissed or judgment is
154	159		for the defendant.
155	160		(b) This section does not apply to a civil suit or
156	161		administrative proceeding brought under the Individuals with
157	162		Disabilities Education Act (20 U.S.C. Section 1400 et seq.). A
158	163		civil suit or administrative proceeding described by this
159	164		subsection is governed by the attorney's fees provisions under 20
160	165		U.S.C. Section 1415.
161		-	(c) This section does not apply to a proceeding regarding a
162		-	grievance filed under the local grievance procedure established by
163		-	the board of trustees of a school district under Section 26.011.
164	166		SECTION 5. Section 12.104(b), Education Code, is amended to
165	167		read as follows:
166	168		(b) An open-enrollment charter school is subject to:
167	169		(1) a provision of this title establishing a criminal
168	170		offense;
169	171		(2) the provisions in Chapter 554, Government Code;
170	172		and
171	173		(3) a prohibition, restriction, or requirement, as
172	174		applicable, imposed by this title or a rule adopted under this
173	175		title, relating to:
174	176		(A) the Public Education Information Management
175	177		System (PEIMS) to the extent necessary to monitor compliance with
176	178		this subchapter as determined by the commissioner;
177	179		(B) criminal history records under Subchapter C,
178	180		Chapter 22;
179	181		(C) reading instruments and accelerated reading
180	182		instruction programs under Section 28.006;
181	183		(D) accelerated instruction under Section
182	184		28.0211;
183	185		(E) high school graduation requirements under
184	186		Section 28.025;
185	187		(F) special education programs under Subchapter
186	188		A, Chapter 29;
187	189		(G) bilingual education under Subchapter B,
188	190		Chapter 29;
189	191		(H) prekindergarten programs under Subchapter E
190	192		or E-1, Chapter 29, except class size limits for prekindergarten
191	193		classes imposed under Section 25.112, which do not apply;
192	194		(I) extracurricular activities under Section
193	195		33.081;
194	196		(J) discipline management practices or behavior
195	197		management techniques under Section 37.0021;
196	198		(K) health and safety under Chapter 38;
197	199		(L) the provisions of Subchapter A, Chapter 39;
198	200		(M) public school accountability and special
199	201		investigations under Subchapters A, B, C, D, F, G, and J, Chapter
200	202		39, and Chapter 39A;
201	203		(N) the requirement under Section 21.006 to
202	204		report an educator's misconduct;
203	205		(O) intensive programs of instruction under
204	206		Section 28.0213;
205	207		(P) the right of a school employee to report a
206	208		crime, as provided by Section 37.148;
207	209		(Q) bullying prevention policies and procedures
208	210		under Section 37.0832;
209	211		(R) the right of a school under Section 37.0052
210	212		to place a student who has engaged in certain bullying behavior in a
211	213		disciplinary alternative education program or to expel the student;
212	214		(S) the right under Section 37.0151 to report to
213	215		local law enforcement certain conduct constituting assault or
214	216		harassment;
215	217		(T) a parent's right to information regarding the
216	218		provision of assistance for learning difficulties to the parent's
217	219		child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
218	220		(U) establishment of residency under Section
219	221		25.001;
220	222		(V) school safety requirements under Sections
221	223		37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
222	224		37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
223	225		37.2071 and Subchapter J, Chapter 37;
224	226		(W) the early childhood literacy and mathematics
225	227		proficiency plans under Section 11.185;
226	228		(X) the college, career, and military readiness
227	229		plans under Section 11.186; [and]
228	230		(Y) parental options to retain a student under
229	231		Section 28.02124;
230	232		(Z) diversity, equity, and inclusion duties
231	233		under Section 11.005;
232	234		(AA) parental access to instructional materials
233	235		and curricula under Section 26.0061;
234	236		(BB) the adoption of a parental engagement policy
235		-	as provided by Section 26.0071;
	237	+	as provided by Section 26.0071; and
236	238		(CC) parental rights to information regarding a
237	239		student's mental, emotional, and physical health-related needs and
238	240		related services offered by the school as provided by Section
239		-	26.0083; and
240		-	(DD) establishment of a local school health
241		-	advisory council with members appointed by the governing body of
242		-	the school and health education instruction that complies with
243		-	Section 28.004.
244		-	SECTION 6. Section 12A.004(a), Education Code, is amended
245		-	to read as follows:
246		-	(a) A local innovation plan may not provide for the
247		-	exemption of a district designated as a district of innovation from
248		-	the following provisions of this title:
249		-	(1) a state or federal requirement applicable to an
250		-	open-enrollment charter school operating under Subchapter D,
251		-	Chapter 12;
252		-	(2) Subchapters A, C, D, and E, Chapter 11, except that
253		-	a district may be exempt from Sections 11.1511(b)(5) and (14) and
254		-	Section 11.162;
255		-	(3) state curriculum and graduation requirements
256		-	adopted under Chapter 28; [and]
257		-	(4) Section 28.004; and
258		-	(5) academic and financial accountability and
259		-	sanctions under Chapters 39 and 39A.
260		-	SECTION 7. Section 21.057, Education Code, is amended by
	241	+	26.0083.
	242	+	SECTION 6. Section 21.057, Education Code, is amended by
261	243		adding Subsection (f) to read as follows:
262	244		(f) Except as provided by Subsection (e) and
263	245		notwithstanding any other provision of this code, a school district
264	246		is not exempt from the requirements of this section.
265		-	SECTION 8. Section 25.001(h), Education Code, is amended to
	247	+	SECTION 7. Section 25.001(h), Education Code, is amended to
266	248		read as follows:
267	249		(h) In addition to the penalty provided by Section 37.10,
268	250		Penal Code, a person who knowingly falsifies information on a form
269	251		required for enrollment of a student in a school district is liable
270	252		to the district if the student is not eligible for enrollment in the
271	253		district but is enrolled on the basis of the false information. The
272	254		person is liable, for the period during which the ineligible
273	255		student is enrolled, for [the greater of:
274	256		[(1) the maximum tuition fee the district may charge
275	257		under Section 25.038; or
276	258		[(2)] the amount the district has budgeted for each
277	259		student as maintenance and operating expenses.
278		-	SECTION 9. Section 25.036, Education Code, is amended by
	260	+	SECTION 8. Section 25.036, Education Code, is amended by
279	261		amending Subsections (a) and (b) and adding Subsections (d), (e),
280	262		(f), (g), (h), (i), and (j) to read as follows:
281	263		(a) Any child, other than a high school graduate, who is
282	264		younger than 21 years of age and eligible for enrollment on
283	265		September 1 of any school year may apply to transfer for in-person
284	266		instruction [annually] from the child's school district of
285	267		residence to another district in this state [if both the receiving
286	268		district and the applicant parent or guardian or person having
287	269		lawful control of the child jointly approve and timely agree in
288	270		writing to the transfer].
289	271		(b) A transfer application [agreement] under this section
290	272		shall be filed and preserved as a receiving district record for
291	273		audit purposes of the agency.
292	274		(d) A school district may deny approval of a transfer under
293	275		this section only if:
294	276		(1) the district or a school in the district to which a
295	277		student seeks to transfer is at full student capacity or has more
296	278		requests for transfers than available positions after the district
297	279		has filled available positions in accordance with Subsection (f)
298	280		and has satisfied the requirements provided under Subsection (g);
299	281		(2) before the application deadline for the applicable
300	282		school year, the district adopted a policy that provides for the
301	283		exclusion of a student who has a documented history of a criminal
302	284		offense, a juvenile court adjudication, or discipline problems
303	285		under Subchapter A, Chapter 37, and the student meets the
304	286		conditions for exclusion under the policy; or
305	287		(3) approving the transfer would supersede a
306	288		court-ordered desegregation plan.
307	289		(e) For the purpose of determining whether a school in a
308	290		school district is at full student capacity under Subsection
309	291		(d)(1), the district may not consider equity as a factor in the
310	292		district's decision-making process.
311	293		(f) A school district that has more applicants for transfer
312	294		under this section than available positions must fill the available
313	295		positions by lottery and must give priority to applicants in the
314	296		following order:
315	297		(1) students who are dependents of an employee of the
316	298		receiving district; and
317	299		(2) students:
318	300		(A) receiving special education services under
319	301		Subchapter A, Chapter 29;
320	302		(B) who are dependents of military personnel;
321	303		(C) who are dependents of law enforcement
322	304		personnel;
323	305		(D) in foster care;
324	306		(E) who are the subject of court-ordered
325	307		modification of an order establishing conservatorship or
326	308		possession and access; or
327	309		(F) who are siblings of a student who is enrolled
328	310		in the receiving district at the time the student seeks to transfer.
329	311		(g) A school district may deny approval of a transfer under
330	312		Subsection (d)(1) only if:
331	313		(1) the district publishes and annually updates the
332	314		district's full student capacity by campus; and
333	315		(2) the district campus to which the student seeks to
334	316		transfer is determined to be at capacity based on the information
335	317		reported under Section 7.0611 to the agency.
336	318		(h) Except as provided by other law, a receiving school
337	319		district may, but is not required to, provide transportation to a
338	320		student who transfers to the receiving district under this section.
339	321		(i) A receiving school district may revoke, at any time
340	322		during the school year, the approval of the student's transfer only
341	323		if:
342	324		(1) the student engages in conduct:
343	325		(A) for which a student is required or permitted
344	326		to be removed from class and placed in a disciplinary alternative
345	327		education program under Section 37.006; or
346	328		(B) for which a student is required or permitted
347	329		to be expelled from school under Section 37.007; and
348	330		(2) before revoking approval of the student's
349	331		transfer, the district:
350	332		(A) ensures the student is afforded appropriate
351	333		due process and complies with any requirements of state law or
352	334		district policy relating to the expulsion of a student to the same
353	335		extent as if the student were being expelled under Section 37.007;
354	336		and
355	337		(B) if the student is a child with a disability
356	338		under the Individuals with Disabilities Education Act (20 U.S.C.
357	339		Section 1400 et seq.), or the district suspects or has a reason to
358	340		suspect that the student may be a child with a disability, complies
359	341		with all federal and state requirements regarding revoking the
360	342		approval of the student's transfer.
361	343		(j) Except as provided by Subsection (i), a student who
362	344		transfers under this section may remain enrolled in the receiving
363	345		district until the earlier of the date on which:
364	346		(1) the student graduates from high school; or
365	347		(2) the student is no longer eligible to attend a
366	348		public school under Section 25.001.
367		-	SECTION 10. Section 25.038, Education Code, is amended to
	349	+	SECTION 9. Section 25.038, Education Code, is amended to
368	350		read as follows:
369	351		Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS PAID BY
370	352		SCHOOL DISTRICT. (a) Except as provided by Subsection (b), a
371	353		[The] receiving school district may charge a tuition fee to another
372	354		school district, if the receiving district has contracted with the
373	355		other district to educate the other district's students, to the
374	356		extent that the district's actual expenditure per student in
375	357		average daily attendance, as determined by its board of trustees,
376	358		exceeds the sum the district benefits from state aid sources as
377	359		provided by Section 25.037. However, unless a tuition fee is
378	360		prescribed and set out in a transfer agreement before its execution
379	361		by the parties, an increase in tuition charge may not be made for
380	362		the year of that transfer that exceeds the tuition charge, if any,
381	363		of the preceding school year.
382	364		(b) A school district may not charge a tuition fee under
383	365		this section for a student transfer authorized under Section
384	366		25.036.
385		-	SECTION 11. Section 26.001, Education Code, is amended by
	367	+	SECTION 10. Section 26.001, Education Code, is amended by
386	368		amending Subsections (a), (c), (d), and (e) and adding Subsections
387	369		(a-1) and (c-1) to read as follows:
388	370		(a) As provided under Section 151.001, Family Code, a parent
389	371		has the right to direct the moral and religious training of the
390	372		parent's child, make decisions concerning the child's education,
391	373		and consent to medical, psychiatric, and psychological treatment of
392	374		the child without obstruction or interference from this state, any
393	375		political subdivision of this state, a school district or
394	376		open-enrollment charter school, or any other governmental entity.
395	377		(a-1) Parents are partners with educators, administrators,
396	378		and school district boards of trustees in their children's
397	379		education. Parents shall be encouraged to actively participate in
398	380		creating and implementing educational programs for their children.
399	381		(c) Unless otherwise provided by law, a board of trustees,
400	382		administrator, educator, or other person shall comply with Section
401	383		1.009 and may not limit parental rights or withhold information
402	384		from a parent regarding the parent's child.
403	385		(c-1) A school district may not be considered to have
404	386		withheld information from a parent regarding the parent's child if
405	387		the district's actions are in accordance with other law, including
406	388		the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
407	389		Section 1232g).
408	390		(d) Each board of trustees shall:
409	391		(1) provide for procedures to consider complaints that
410	392		a parent's right has been denied;[.]
411	393		(2) develop a plan for parental participation in the
412	394		district to improve parent and teacher cooperation, including in
413	395		the areas of homework, school attendance, and discipline;
414	396		(3) [(e) Each board of trustees shall] cooperate in
415	397		the establishment of ongoing operations of at least one
416	398		parent-teacher organization at each school in the district to
417	399		promote parental involvement in school activities; and
418	400		(4) provide to a parent of a child on the child's
419	401		enrollment in the district for the first time and to the parent of
420	402		each child enrolled in the district at the beginning of each school
421	403		year information about parental rights and options, including the
422	404		right to withhold consent for or exempt the parent's child from
423	405		certain activities and instruction, that addresses the parent's
424	406		rights and options concerning:
425	407		(A) the child's course of study and supplemental
426	408		services;
427	409		(B) instructional materials and library
428	410		materials;
429	411		(C) health education instruction under Section
430	412		28.004;
431	413		(D) instruction regarding sexual orientation and
432	414		gender identity under Section 28.0043;
433	415		(E) school options, including virtual and remote
434	416		schooling options;
435	417		(F) immunizations under Section 38.001;
436	418		(G) gifted and talented programs;
437	419		(H) promotion, retention, and graduation
438	420		policies;
439	421		(I) grade, class rank, and attendance
440	422		information;
441	423		(J) state standards and requirements;
442	424		(K) data collection practices;
443	425		(L) health care services, including notice and
444	426		consent under Section 26.0083(g);
445	427		(M) the local grievance procedure under Section
446	428		26.011; and
447	429		(N) special education and bilingual education
448	430		and special language programs.
449	431		(e) The agency shall develop a form for use by school
450	432		districts in providing information about parental rights and
451	433		options under Subsection (d)(4). Each school district shall post
452	434		the form in a prominent location on the district's Internet
453	435		website.
454		-	SECTION 12. Chapter 26, Education Code, is amended by
	436	+	SECTION 11. Chapter 26, Education Code, is amended by
455	437		adding Section 26.0025 to read as follows:
456	438		Sec. 26.0025. RIGHT TO SELECT EDUCATIONAL SETTING. A
457	439		parent is entitled to choose the educational setting for the
458	440		parent's child, including public school, private school, or home
459	441		school.
460		-	SECTION 13. Section 26.004(b), Education Code, is amended
	442	+	SECTION 12. Section 26.004(b), Education Code, is amended
461	443		to read as follows:
462	444		(b) A parent is entitled to access to all written records of
463	445		a school district concerning the parent's child, including:
464	446		(1) attendance records;
465	447		(2) test scores;
466	448		(3) grades;
467	449		(4) disciplinary records;
468	450		(5) counseling records;
469	451		(6) psychological records;
470	452		(7) applications for admission;
471	453		(8) medical records in accordance with Section
472	454		38.0095, including health and immunization information;
473	455		(9) teacher and school counselor evaluations;
474	456		(10) reports of behavioral patterns; and
475	457		(11) records relating to assistance provided for
476	458		learning difficulties, including information collected regarding
477	459		any intervention strategies used with the child.
478		-	SECTION 14. Chapter 26, Education Code, is amended by
	460	+	SECTION 13. Chapter 26, Education Code, is amended by
479	461		adding Section 26.0071 to read as follows:
480	462		Sec. 26.0071. PARENTAL ENGAGEMENT POLICY. Each board of
481	463		trustees of a school district shall develop a parental engagement
482	464		policy that:
483	465		(1) provides for an Internet portal through which
484	466		parents of students enrolled in the district may submit comments to
485	467		campus or district administrators and the board;
486	468		(2) requires the board to prioritize public comments
487	469		by presenting those comments at the beginning of each board
488	470		meeting; and
489	471		(3) requires board meetings to be held outside of
490	472		typical work hours.
491		-	SECTION 15. Section 26.008, Education Code, is amended to
	473	+	SECTION 14. Section 26.008, Education Code, is amended to
492	474		read as follows:
493	475		Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT.
494	476		(a) Except as provided by Section 38.004, a [A] parent is entitled
495	477		to:
496	478		(1) full information regarding the school activities
497	479		of a parent's child; and
498	480		(2) notification not later than one school business
499	481		day after the date a school district employee first suspects that a
500	482		criminal offense has been committed against the parent's child
501	483		[except as provided by Section 38.004].
502	484		(b) An attempt by any school district employee to encourage
503	485		or coerce a child to withhold information from the child's parent is
504	486		grounds for discipline under Section 21.104, 21.156, or 21.211, as
505	487		applicable, or by the State Board for Educator Certification, if
506	488		applicable.
507		-	SECTION 16. Chapter 26, Education Code, is amended by
	489	+	SECTION 15. Chapter 26, Education Code, is amended by
508	490		adding Section 26.0083 to read as follows:
509	491		Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
510	492		EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
511	493		The agency shall adopt a procedure for school districts to notify
512	494		the parent of a student enrolled in the district regarding any
513	495		change in services provided to or monitoring of the student related
514	496		to the student's mental, emotional, or physical health or
515	497		well-being.
516	498		(b) A procedure adopted under Subsection (a) must reinforce
517	499		the fundamental right of a parent to make decisions regarding the
518	500		upbringing and control of the parent's child by requiring school
519	501		district personnel to:
520	502		(1) encourage a student to discuss issues relating to
521	503		the student's well-being with the student's parent; or
522	504		(2) facilitate a discussion described under
523	505		Subdivision (1).
524	506		(c) A school district may not adopt a procedure that:
525	507		(1) prohibits a district employee from notifying the
526	508		parent of a student regarding:
527	509		(A) information about the student's mental,
528	510		emotional, or physical health or well-being; or
529	511		(B) a change in services provided to or
530	512		monitoring of the student related to the student's mental,
531	513		emotional, or physical health or well-being;
532	514		(2) encourages or has the effect of encouraging a
533	515		student to withhold from the student's parent information described
534	516		by Subdivision (1)(A); or
535	517		(3) prevents a parent from accessing education or
536	518		health records concerning the parent's child.
537	519		(d) Subsections (a) and (c) do not require the disclosure of
538	520		information to a parent if a reasonably prudent person would
539	521		believe the disclosure is likely to result in the student suffering
540	522		abuse or neglect, as those terms are defined by Section 261.001,
541	523		Family Code.
542	524		(e) A school district employee may not discourage or
543	525		prohibit parental knowledge of or involvement in critical decisions
544	526		affecting a student's mental, emotional, or physical health or
545	527		well-being.
546	528		(f) Any student support services training developed or
547	529		provided by a school district to district employees must comply
548	530		with any student services guidelines, standards, and frameworks
549	531		established by the State Board of Education and the agency.
550	532		(g) Before the first instructional day of each school year,
551	533		a school district shall provide to the parent of each student
552	534		enrolled in the district written notice of each health-related
553	535		service offered at the district campus the student attends. The
554	536		notice must include a statement of the parent's right to withhold
555	537		consent for or decline a health-related service. A parent's
556	538		consent to a health-related service does not waive a requirement of
557	539		Subsection (a), (c), or (e).
558	540		(h) Before administering a student well-being questionnaire
559	541		or health screening form to a student enrolled in prekindergarten
560	542		through 12th grade, a school district must provide a copy of the
561	543		questionnaire or form to the student's parent and obtain the
562	544		parent's consent to administer the questionnaire or form.
563	545		(i) This section may not be construed to:
564	546		(1) limit or alter the requirements of Section 38.004
565	547		of this code or Chapter 261, Family Code; or
566	548		(2) limit a school district employee's ability to
567	549		inquire about a student's daily well-being without parental
568	550		consent.
569	551		(j) Not later than June 30, 2026, the agency, the State
570	552		Board of Education, and the State Board for Educator Certification,
571	553		as appropriate, shall review and revise as necessary the following
572	554		to ensure compliance with this section:
573	555		(1) school counseling frameworks and standards;
574	556		(2) educator practices and professional conduct
575	557		principles; and
576	558		(3) any other student services personnel guidelines,
577	559		standards, or frameworks.
578	560		(k) Subsection (j) and this subsection expire September 1,
579	561		2027.
580		-	SECTION 17. Section 26.009, Education Code, is amended by
	562	+	SECTION 16. Section 26.009, Education Code, is amended by
581	563		amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
582	564		(c), and (d) to read as follows:
583	565		(a) An employee of a school district must obtain the written
584	566		consent of a child's parent in the manner required by Subsection
585	567		(a-2) before the employee may:
586	568		(1) conduct a psychological examination, test, or
587	569		treatment, unless the examination, test, or treatment is required
588	570		under Section 38.004 or state or federal law regarding requirements
589	571		for special education; [or]
590	572		(2) subject to Subsection (b), make or authorize the
591	573		making of a videotape of a child or record or authorize the
592	574		recording of a child's voice;
593	575		(3) unless authorized by other law:
594	576		(A) disclose a child's health or medical
595	577		information to any person other than the child's parent; or
596	578		(B) collect, use, store, or disclose to any
597	579		person other than the child's parent a child's biometric
598	580		identifiers; or
599	581		(4) subject to Subsection (a-3), provide health care
600	582		services or medication or conduct a medical procedure.
601	583		(a-1) For purposes of Subsection (a), "biometric
602	584		identifier" means a blood sample, hair sample, skin sample, DNA
603	585		sample, body scan, retina or iris scan, fingerprint, voiceprint, or
604	586		record of hand or face geometry.
605	587		(a-2) Written consent for a parent's child to participate in
606	588		a district activity described by Subsection (a) must be signed by
607	589		the parent and returned to the district. A child may not
608	590		participate in the activity unless the district receives the
609	591		parent's signed written consent to that activity.
610	592		(a-3) For the purpose of obtaining written consent for
611	593		actions described by Subsection (a)(4) that are determined by a
612	594		school district to be routine care provided by a person who is
613	595		authorized by the district to provide physical or mental
614	596		health-related services, the district may obtain consent at the
615	597		beginning of the school year or at the time of the child's
616	598		enrollment in the district. Unless otherwise provided by a child's
617	599		parent, written consent obtained in accordance with this subsection
618	600		is effective until the end of the school year in which the consent
619	601		was obtained.
620	602		(c) Before the first instructional day of each school year,
621	603		a school district shall provide to the parent of each student
622	604		enrolled in the district written notice of any actions the district
623	605		may take involving the authorized collection, use, or storage of
624	606		information as described by Subsection (a)(3). The notice must:
625	607		(1) include a plain language explanation for the
626	608		district's collection, use, or storage of the child's information
627	609		and the district's legal authority to engage in that collection,
628	610		use, or storage; and
629	611		(2) be signed by the parent and returned to the
630	612		district.
631	613		(d) A school district shall take disciplinary action
632	614		against an employee responsible for allowing a child to participate
633	615		in an activity described by Subsection (a)(4) if the district did
634	616		not obtain a parent's consent for the child's participation in that
635	617		activity.
636		-	SECTION 18. Section 26.011, Education Code, is amended to
	618	+	SECTION 17. Section 26.011, Education Code, is amended to
637	619		read as follows:
638	620		Sec. 26.011. LOCAL GRIEVANCE PROCEDURE [COMPLAINTS].
639	621		(a) The board of trustees of each school district shall adopt a
640	622		grievance procedure under which the board shall:
641	623		(1) address each grievance [complaint] that the board
642	624		receives concerning a violation of the prohibition under Section
643	625		11.005 or of a right guaranteed by Section 1.009 or this chapter if
644	626		the grievance is filed not later than six school weeks after the
645	627		date on which the parent received notice of an incident giving rise
646	628		to the grievance;
647	629		(2) allow a parent at any time before a final decision
648	630		by the board to provide additional evidence regarding the parent's
649	631		grievance; and
650	632		(3) allow a parent to file more than one grievance at
651	633		the same time.
652	634		(b) The board of trustees of a school district is not
653	635		required by Subsection (a) or Section 11.1511(b)(13) to address a
654	636		grievance [complaint] that the board receives concerning a
655	637		student's participation in an extracurricular activity that does
656	638		not involve a violation of a right guaranteed by this chapter. This
657	639		subsection does not affect a claim brought by a parent under the
658	640		Individuals with Disabilities Education Act (20 U.S.C. Section 1400
659	641		et seq.) or a successor federal statute addressing special
660	642		education services for a child with a disability.
661	643		(c) The board of trustees of a school district shall ensure
662	644		a grievance procedure adopted under Subsection (a):
663	645		(1) authorizes a parent to file a grievance with the
664	646		principal of the district campus the parent's child attends or the
665	647		person designated by the district to receive grievances for that
666	648		campus;
667	649		(2) requires that a principal or the person designated
668	650		by the district to receive grievances for a campus:
669	651		(A) acknowledge receipt of a grievance under
670	652		Subdivision (1) not later than two school business days after
671	653		receipt of the grievance; and
672	654		(B) not later than the 14th school business day
673	655		after receipt of a grievance described by Subdivision (1), provide
674	656		to the parent who submitted the grievance written documentation of
675	657		the decision regarding the issue that gave rise to the grievance,
676	658		including:
677	659		(i) an explanation of the findings that
678	660		contributed to the decision;
679	661		(ii) notification regarding the parent's
680	662		right to appeal the decision; and
681	663		(iii) the timeline for appealing the
682	664		decision;
683	665		(3) requires that, if a parent appeals a decision
684	666		under Subdivision (2) not later than the 14th school business day
685	667		after receiving notice of the decision, the superintendent or the
686	668		superintendent's designee provide to the parent not later than the
687	669		14th school business day after receipt of the appeal written
688	670		documentation of the decision regarding the issue that gave rise to
689	671		the grievance, including:
690	672		(A) an explanation of the findings that
691	673		contributed to the decision;
692	674		(B) notification regarding the parent's right to
693	675		appeal the decision; and
694	676		(C) the timeline for appealing the decision;
695	677		(4) requires that, if a parent appeals a decision
696	678		under Subdivision (3) not later than the 14th school business day
697	679		after receiving notice of the decision, the board hear the
698	680		grievance in a closed session at the board's next regular meeting
699	681		that occurs on or after the 14th school business day after the date
700	682		the board receives notice of the appeal;
701	683		(5) requires that, not later than the 10th school
702	684		business day after the date of a board meeting described by
703	685		Subdivision (4), the board provide to the parent written
704	686		documentation of the board's decision regarding the issue that gave
705	687		rise to the grievance, including notice that the parent may appeal
706	688		to the commissioner in writing under Section 7.057, if applicable;
707	689		(6) requires a person responsible for reviewing a
708	690		grievance under the procedure to recuse himself or herself from
709	691		reviewing the grievance if the person is the subject of the
710	692		grievance; and
711	693		(7) provides for a review by the next person to whom
712	694		the grievance would be appealed if the person who would otherwise
713	695		review the grievance is required to recuse himself or herself under
714	696		Subdivision (6).
715	697		(d) The parties may mutually agree to adjust the timeline
716	698		for the procedure under this section.
717	699		(e) Notwithstanding Subsection (d), if a grievance
718	700		submitted under this section involves an employee who is on
719	701		documented leave that is scheduled to begin or has begun before the
720	702		grievance is submitted, the school district may alter the timeline
721	703		for the procedure under this section to make a reasonable
722	704		accommodation for the employee's leave. The district must provide
723	705		notice of the change to the parent who submitted the grievance.
724		-	SECTION 19. Chapter 26, Education Code, is amended by
	706	+	SECTION 18. Chapter 26, Education Code, is amended by
725	707		adding Sections 26.0111 and 26.0112 to read as follows:
726	708		Sec. 26.0111. GRIEVANCE HEARING BEFORE HEARING EXAMINER.
727	709		(a) This section applies only to a grievance regarding a violation
728	710		of:
729	711		(1) Section 11.005, 28.0022, 28.004, or 28.0043 or
730	712		Chapter 38 or the implementation of those provisions by a school
731	713		district; or
732	714		(2) Chapter 551, Government Code, involving school
733	715		district personnel.
734	716		(b) If a parent has exhausted the parent's options under the
735	717		local grievance procedure established by the board of trustees of a
736	718		school district under Section 26.011 regarding a grievance to which
737	719		this section applies, and the grievance is not resolved to the
738	720		parent's satisfaction, the parent may file a written request with
739	721		the commissioner for a hearing before a hearing examiner under this
740	722		section not later than the 30th school business day after the date
741	723		on which the board of trustees of the district resolved the parent's
742	724		grievance under Section 26.011. The parent must provide the
743	725		district with a copy of the request and must provide the
744	726		commissioner with a copy of the district's resolution of the
745	727		grievance. The parties may agree in writing to extend by not more
746	728		than 10 school business days the deadline for requesting a hearing.
747	729		(c) The commissioner shall assign a hearing examiner to
748	730		review the grievance in the manner provided by Section 21.254. The
749	731		hearing examiner has the powers described by Sections 21.255 and
750	732		21.256 and shall conduct the hearing in the manner provided by those
751	733		sections as if the parent were a teacher.
752	734		(d) Not later than the 60th business day after the date on
753	735		which the commissioner receives a parent's written request for a
754	736		hearing, the hearing examiner shall complete the hearing and make a
755	737		written determination that includes findings of fact and
756	738		conclusions of law. The hearing examiner's determination is final
757	739		and may not be appealed.
758	740		(e) Sections 21.257(c), (d), and (e) apply to a hearing
759	741		under this section in the same manner as a hearing conducted under
760	742		Subchapter F, Chapter 21.
761	743		(f) The costs of the hearing examiner, the court reporter,
762	744		the original hearing transcript, and any hearing room costs, if the
763	745		hearing room is not provided by the school district, shall be paid
764	746		by the school district if the hearing examiner finds in favor of the
765	747		parent.
766	748		(g) Notwithstanding Subsection (d), if a parent fails to
767	749		appear at a hearing under this section, the hearing examiner is not
768	750		required to complete the hearing and may not find in favor of the
769	751		parent.
770	752		Sec. 26.0112. TESTIMONY BEFORE STATE BOARD OF EDUCATION.
771	753		If a hearing examiner finds against a school district under Section
772	754		26.0111 in at least five grievances to which that section applies
773	755		involving the district during a school year, the superintendent of
774	756		the school district must appear before the State Board of Education
775	757		to testify regarding the hearing examiner's findings and the
776	758		frequency of grievances against the district.
777		-	SECTION 20. Section 28.002, Education Code, is amended by
	759	+	SECTION 19. Section 28.002, Education Code, is amended by
778	760		adding Subsection (c-6) to read as follows:
779	761		(c-6) The State Board of Education may not adopt standards
780	762		in violation of Section 28.0043.
781		-	SECTION 21. Section 28.0022, Education Code, is amended by
	763	+	SECTION 20. Section 28.0022, Education Code, is amended by
782	764		amending Subsection (f) and adding Subsection (h) to read as
783	765		follows:
784	766		(f) This section does not create a private cause of action
785	767		against a teacher, administrator, or other employee of a school
786	768		district or open-enrollment charter school. [A school district or
787	769		open-enrollment charter school may take appropriate action
788	770		involving the employment of any teacher, administrator, or other
789	771		employee based on the individual's compliance with state and
790	772		federal laws and district policies.]
791	773		(h) A school district or open-enrollment charter school
792	774		shall adopt a policy and procedure for the appropriate discipline,
793	775		including termination, of a district or school employee or
794	776		contractor who intentionally or knowingly engages in or assigns to
795	777		another person an act prohibited by this section. The district or
796	778		school shall provide a physical and electronic copy of the policy
797	779		and procedure to each district or school employee or contractor.
798		-	SECTION 22. Section 28.004, Education Code, is amended by
	780	+	SECTION 21. Section 28.004, Education Code, is amended by
799	781		adding Subsection (i-2) to read as follows:
800	782		(i-2) Before a student may be provided with human sexuality
801	783		instruction, a school district must obtain the written consent of
802	784		the student's parent. A request for written consent under this
803	785		subsection:
804	786		(1) may not be included with any other notification or
805	787		request for written consent provided to the parent, other than the
806	788		notice provided under Subsection (i); and
807	789		(2) must be provided to the parent not later than the
808	790		14th day before the date on which the human sexuality instruction
809	791		begins.
810		-	SECTION 23. Subchapter A, Chapter 28, Education Code, is
	792	+	SECTION 22. Subchapter A, Chapter 28, Education Code, is
811	793		amended by adding Section 28.0043 to read as follows:
812	794		Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
813	795		ORIENTATION AND GENDER IDENTITY. (a) A school district,
814	796		open-enrollment charter school, or district or charter school
815	797		employee may not provide or allow a third party to provide
816	798		instruction, guidance, activities, or programming regarding sexual
817	799		orientation or gender identity to students enrolled in
818	800		prekindergarten through 12th grade.
819	801		(b) This section may not be construed to limit:
820	802		(1) a student's ability to engage in speech or
821	803		expressive conduct protected by the First Amendment to the United
822	804		States Constitution or by Section 8, Article I, Texas Constitution,
823	805		that does not result in material disruption to school activities;
824	806		or
825	807		(2) the ability of a person who is authorized by the
826	808		district to provide physical or mental health-related services to
827	809		provide the services to a student, subject to any required parental
828	810		consent.
829		-	SECTION 24. The heading to Section 28.022, Education Code,
	811	+	SECTION 23. The heading to Section 28.022, Education Code,
830	812		is amended to read as follows:
831	813		Sec. 28.022. NOTICE TO PARENT OF UNSATISFACTORY
832	814		PERFORMANCE; CONFERENCES.
833		-	SECTION 25. Section 28.022(a), Education Code, is amended
	815	+	SECTION 24. Section 28.022(a), Education Code, is amended
834	816		to read as follows:
835	817		(a) The board of trustees of each school district shall
836	818		adopt a policy that:
837	819		(1) provides for at least two opportunities for
838	820		in-person conferences during each school year [a conference]
839	821		between each parent of a child enrolled in the district and the
840	822		child's [parents and] teachers;
841	823		(2) requires the district, at least once every 12
842	824		weeks, to give written notice to a parent of a student's performance
843	825		in each class or subject; and
844	826		(3) requires the district, at least once every three
845	827		weeks, or during the fourth week of each nine-week grading period,
846	828		to give written notice to a parent or legal guardian of a student's
847	829		performance in a subject included in the foundation curriculum
848	830		under Section 28.002(a)(1) if the student's performance in the
849	831		subject is consistently unsatisfactory, as determined by the
850	832		district.
851		-	SECTION 26. Subchapter D, Chapter 33, Education Code, is
	833	+	SECTION 25. Subchapter D, Chapter 33, Education Code, is
852	834		amended by adding Section 33.0815 to read as follows:
853	835		Sec. 33.0815. STUDENT CLUBS; CERTAIN CLUBS PROHIBITED. (a)
854	836		A school district or open-enrollment charter school shall require
855	837		the written consent of the parent of or person standing in parental
856	838		relation to a student enrolled in the district or school before the
857	839		student may participate in a student club at the district or school.
858	840		(b) A school district or open-enrollment charter school
859	841		staff member may serve as the sponsor of a student club based on
860	842		race, sex, color, or ethnicity in a supervisory capacity only and
861	843		may not provide instruction on any topic in that capacity.
862	844		(c) A school district or open-enrollment charter school may
863	845		not authorize or sponsor a student club based on sexual orientation
864	846		or gender identity.
865		-	SECTION 27. Subchapter A, Chapter 39, Education Code, is
	847	+	SECTION 26. Subchapter A, Chapter 39, Education Code, is
866	848		amended by adding Section 39.008 to read as follows:
867	849		Sec. 39.008. CERTIFICATION OF COMPLIANCE WITH CERTAIN LAWS
868	850		REQUIRED. (a) Not later than September 30 of each year, the
869	851		superintendent of a school district or open-enrollment charter
870	852		school shall certify to the agency that the district or school is in
871	853		compliance with this section and Sections 11.005 and 28.0022.
872	854		(b) The certification required by Subsection (a) must:
873	855		(1) be:
874	856		(A) approved by a majority vote of the board of
875	857		trustees of the school district or the governing body of the
876	858		open-enrollment charter school at a public meeting that includes an
877	859		opportunity for public testimony and for which notice was posted on
878	860		the district's or school's Internet website at least seven days
879	861		before the date on which the meeting is held; and
880	862		(B) submitted electronically to the agency; and
881	863		(2) include:
882	864		(A) a description of the policies and procedures
883	865		required by Sections 11.005(c) and 28.0022(h) and the manner in
884	866		which district or school employees and contractors were notified of
885	867		those policies and procedures;
886	868		(B) any existing policies, programs, procedures,
887	869		or trainings that were altered to ensure compliance with this
888	870		section or Section 11.005 or 28.0022; and
889	871		(C) any cost savings resulting from actions taken
890	872		by the school district or open-enrollment charter school to comply
891	873		with this section.
892	874		(c) The agency shall post each certification received under
893	875		Subsection (a) on the agency's Internet website.
894		-	SECTION 28. The following provisions are repealed:
	876	+	SECTION 27. The following provisions are repealed:
895	877		(1) Section 25.0344, Education Code, as added by
896	878		Chapter 583 (H.B. 2892), Acts of the 88th Legislature, Regular
897	879		Session, 2023; and
898	880		(2) Section 25.0344, Education Code, as added by
899	881		Chapter 322 (H.B. 1959), Acts of the 88th Legislature, Regular
900	882		Session, 2023.
901		-	SECTION 29. Section 12A.004(a), Education Code, as amended
902		-	by this Act, applies to a local innovation plan adopted or renewed
903		-	before, on, or after the effective date of this Act.
904		-	SECTION 30. This Act applies beginning with the 2025-2026
	883	+	SECTION 28. This Act applies beginning with the 2025-2026
905	884		school year.
906		-	SECTION 31. This Act takes effect immediately if it
	885	+	SECTION 29. This Act takes effect immediately if it
907	886		receives a vote of two-thirds of all the members elected to each
908	887		house, as provided by Section 39, Article III, Texas Constitution.
909	888		If this Act does not receive the vote necessary for immediate
910	889		effect, this Act takes effect September 1, 2025.
	890	+	* * * * *