Texas 2025 - 89th Regular

Texas Senate Bill SB86 Compare Versions

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

Old	New	Differences
1	1	89R2633 PRL-D
2	2	By: Hall S.B. No. 86
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to parental rights in public education and prohibiting
10	10	instruction regarding sexual orientation or gender identity for
11	11	public school students.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Section 26.011, Education Code,
14	14	is amended to read as follows:
15	15	Sec. 26.011. COMPLAINTS; CIVIL REMEDY.
16	16	SECTION 2. Section 26.011, Education Code, is amended by
17	17	adding Subsections (c), (d), and (e) to read as follows:
18	18	(c) A grievance procedure adopted under this section must
19	19	require that, not later than the 30th day after receipt of a
20	20	complaint described by Subsection (a), the school district:
21	21	(1) resolve the issue that gave rise to the complaint;
22	22	or
23	23	(2) provide to the parent who submitted the complaint
24	24	a written explanation of the district's reason for not resolving
25	25	the issue.
26	26	(d) If a school district does not resolve an issue described
27	27	by Subsection (c)(1), the parent may bring a civil action against
28	28	the district to obtain appropriate injunctive and declaratory
29	29	relief. A court may award damages and shall award reasonable
30	30	attorney's fees and court costs to a prevailing parent. Remedies
31	31	provided by this subsection are not exclusive. Governmental
32	32	immunity of a school district to suit and from liability is waived
33	33	to the extent of liability created by this subsection.
34	34	(e) The board of trustees of each school district shall
35	35	adopt a policy for notifying parents of students enrolled in the
36	36	district regarding the grievance procedure adopted by the district
37	37	under this section.
38	38	SECTION 3. Chapter 26, Education Code, is amended by adding
39	39	Sections 26.0083, 26.0084, and 26.016 to read as follows:
40	40	Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
41	41	EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
42	42	Each school district shall adopt a procedure for notifying the
43	43	parent of a student enrolled in the district regarding any change
44	44	in:
45	45	(1) services provided to or monitoring of the student
46	46	related to the student's mental, emotional, or physical health or
47	47	well-being; or
48	48	(2) the district's ability to provide a safe and
49	49	supportive learning environment for the student.
50	50	(b) A procedure adopted under Subsection (a) must reinforce
51	51	the fundamental right of a parent to make decisions regarding the
52	52	upbringing and education of the parent's child by requiring school
53	53	district personnel to:
54	54	(1) encourage a student to discuss issues relating to
55	55	the student's well-being with the student's parent; or
56	56	(2) facilitate a discussion described under
57	57	Subdivision (1).
58	58	(c) A school district may not adopt a procedure or a student
59	59	support form, including a student well-being questionnaire or
60	60	health screening form, that:
61	61	(1) prohibits a district employee from notifying the
62	62	parent of a student regarding:
63	63	(A) information about the student's mental,
64	64	emotional, or physical health or well-being; or
65	65	(B) a change in services provided to or
66	66	monitoring of the student related to the student's mental,
67	67	emotional, or physical health or well-being; or
68	68	(2) encourages or has the effect of encouraging a
69	69	student to withhold from the student's parent information described
70	70	by Subdivision (1)(A).
71	71	(d) A school district employee may not discourage or
72	72	prohibit parental knowledge of or involvement in critical decisions
73	73	affecting a student's mental, emotional, or physical health or
74	74	well-being.
75	75	(e) Before the first instructional day of each school year,
76	76	a school district shall provide to the parent of each student
77	77	enrolled in the district written notice of each health-related
78	78	service offered at the district campus the student attends. The
79	79	notice must include a statement of the parent's right to withhold
80	80	consent for or decline a health-related service. A parent's
81	81	consent to a health-related service does not waive a requirement of
82	82	Subsection (a), (c), or (d).
83	83	(f) Before administering a student support form to a
84	84	student, a school district must provide a copy of the form to the
85	85	student's parent and obtain the parent's consent to administer the
86	86	form.
87	87	(g) Not later than June 30, 2026, the agency, the State
88	88	Board of Education, and the State Board for Educator Certification,
89	89	as appropriate, shall review and revise as necessary the following
90	90	to ensure compliance with this section:
91	91	(1) school counseling frameworks and standards;
92	92	(2) educator practices and professional conduct
93	93	principles; and
94	94	(3) any other student services personnel guidelines,
95	95	standards, or frameworks.
96	96	(h) Subsection (g) and this subsection expire September 1,
97	97	2027.
98	98	Sec. 26.0084. RIGHT TO INFORMATION REGARDING STUDENT'S
99	99	PERCEPTION OF BIOLOGICAL SEX. A school district employee or
100	100	independent contractor of a district, including a third-party
101	101	instructor, guest speaker, or subcontractor, may not withhold from
102	102	a student's parent information related to the student's perception
103	103	of the student's biological sex if that perception is inconsistent
104	104	with the student's biological sex as determined by the student's sex
105	105	organs, chromosomes, and endogenous hormone profiles.
106	106	Sec. 26.016. CONSENT REQUIRED FOR PARTICIPATION IN CERTAIN
107	107	STUDENT CLUBS. (a) In this section, "student club" means any
108	108	student organization sponsored or sanctioned by a school district.
109	109	(b) A school district shall require written parental
110	110	consent as a condition of a student's participation in a student
111	111	club that promotes themes of sexuality, gender, or gender identity.
112	112	(c) A school district shall seek parental consent under this
113	113	section by providing a written form to a parent that includes the
114	114	foundational documents of the student club described by Subsection
115	115	(b) in which the student wishes to participate, including:
116	116	(1) the name of the club;
117	117	(2) the mission statement or purpose of the club; and
118	118	(3) any additional information determined appropriate
119	119	by the school district.
120	120	SECTION 4. Subchapter A, Chapter 28, Education Code, is
121	121	amended by adding Section 28.0041 to read as follows:
122	122	Sec. 28.0041. INSTRUCTION REGARDING SEXUAL ORIENTATION AND
123	123	GENDER IDENTITY PROHIBITED. A school district, open-enrollment
124	124	charter school, or district or charter school employee may not
125	125	provide or allow a third party to provide instruction regarding
126	126	sexual orientation or gender identity to students enrolled in the
127	127	district or school.
128	128	SECTION 5. Section 12.104(b), Education Code, is amended to
129	129	read as follows:
130	130	(b) An open-enrollment charter school is subject to:
131	131	(1) a provision of this title establishing a criminal
132	132	offense;
133	133	(2) the provisions in Chapter 554, Government Code;
134	134	and
135	135	(3) a prohibition, restriction, or requirement, as
136	136	applicable, imposed by this title or a rule adopted under this
137	137	title, relating to:
138	138	(A) the Public Education Information Management
139	139	System (PEIMS) to the extent necessary to monitor compliance with
140	140	this subchapter as determined by the commissioner;
141	141	(B) criminal history records under Subchapter C,
142	142	Chapter 22;
143	143	(C) reading instruments and accelerated reading
144	144	instruction programs under Section 28.006;
145	145	(D) accelerated instruction under Section
146	146	28.0211;
147	147	(E) high school graduation requirements under
148	148	Section 28.025;
149	149	(F) special education programs under Subchapter
150	150	A, Chapter 29;
151	151	(G) bilingual education under Subchapter B,
152	152	Chapter 29;
153	153	(H) prekindergarten programs under Subchapter E
154	154	or E-1, Chapter 29, except class size limits for prekindergarten
155	155	classes imposed under Section 25.112, which do not apply;
156	156	(I) extracurricular activities under Section
157	157	33.081;
158	158	(J) discipline management practices or behavior
159	159	management techniques under Section 37.0021;
160	160	(K) health and safety under Chapter 38;
161	161	(L) the provisions of Subchapter A, Chapter 39;
162	162	(M) public school accountability and special
163	163	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
164	164	39, and Chapter 39A;
165	165	(N) the requirement under Section 21.006 to
166	166	report an educator's misconduct;
167	167	(O) intensive programs of instruction under
168	168	Section 28.0213;
169	169	(P) the right of a school employee to report a
170	170	crime, as provided by Section 37.148;
171	171	(Q) bullying prevention policies and procedures
172	172	under Section 37.0832;
173	173	(R) the right of a school under Section 37.0052
174	174	to place a student who has engaged in certain bullying behavior in a
175	175	disciplinary alternative education program or to expel the student;
176	176	(S) the right under Section 37.0151 to report to
177	177	local law enforcement certain conduct constituting assault or
178	178	harassment;
179	179	(T) a parent's right to information regarding the
180	180	provision of assistance for learning difficulties to the parent's
181	181	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
182	182	(U) establishment of residency under Section
183	183	25.001;
184	184	(V) school safety requirements under Sections
185	185	37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
186	186	37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
187	187	37.2071 and Subchapter J, Chapter 37;
188	188	(W) the early childhood literacy and mathematics
189	189	proficiency plans under Section 11.185;
190	190	(X) the college, career, and military readiness
191	191	plans under Section 11.186; [and]
192	192	(Y) parental options to retain a student under
193	193	Section 28.02124; and
194	194	(Z) parental rights to:
195	195	(i) information regarding a student's
196	196	mental, emotional, and physical health and health-related services
197	197	offered by the school as provided by Section 26.0083;
198	198	(ii) information regarding a student's
199	199	perception of the student's biological sex as provided by Section
200	200	26.0084; and
201	201	(iii) consent to a student's participation
202	202	in a student club that promotes themes of sexuality, gender, or
203	203	gender identity as provided by Section 26.016.
204	204	SECTION 6. This Act applies beginning with the 2025-2026
205	205	school year.
206	206	SECTION 7. This Act takes effect immediately if it receives
207	207	a vote of two-thirds of all the members elected to each house, as
208	208	provided by Section 39, Article III, Texas Constitution. If this
209	209	Act does not receive the vote necessary for immediate effect, this
210	210	Act takes effect September 1, 2025.