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A BILL TO BE ENTITLED
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AN ACT
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relating to civics training programs for certain public school |
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social studies teachers and principals, parental access to certain |
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learning management systems, and certain curriculum in public |
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schools, including certain instructional requirements and |
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prohibitions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 21, Education Code, is |
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amended by adding Section 21.4555 to read as follows: |
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Sec. 21.4555. CIVICS TRAINING PROGRAM. (a) To facilitate |
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the teaching of curriculum consistent with Sections 28.002(h-2) and |
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28.0022, the commissioner shall develop and make available civics |
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training programs for teachers and administrators. |
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(b) A civics training program developed under this section |
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must include training in: |
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(1) the essential knowledge and skills for the social |
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studies curriculum related to civic knowledge adopted under Section |
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28.002(h-2); |
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(2) guided classroom discussion of current events, as |
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appropriate for the grade level and consistent with the |
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restrictions under Section 28.0022; |
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(3) classroom simulations and models of governmental |
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and democratic processes consistent with the requirements and |
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restrictions of Sections 28.002(h-2) and 28.0022; |
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(4) media literacy, including instruction on |
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verifying information and sources, identifying and responding to |
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logical fallacies, and identifying propaganda, as appropriate for |
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the grade level and consistent with the restrictions under Section |
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28.0022; and |
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(5) strategies for incorporating civics instruction |
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into subject areas other than social studies. |
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(c) The commissioner by rule shall establish the grade |
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levels at which a teacher provides instruction to be eligible to |
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participate in a civics training program. In making the |
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determination, the commissioner shall include grade levels for |
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which the State Board of Education makes significant revisions to |
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the essential knowledge and skills for the social studies |
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curriculum under Section 28.002(h-2). |
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(d) Each civics training program developed under Subsection |
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(a) must be reviewed and approved by the State Board of Education. |
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The board shall annually review each program. |
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(e) Each school district and open-enrollment charter school |
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shall ensure that each district or school campus that offers a grade |
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level described by Subsection (c) has at least one teacher and one |
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principal or campus instructional leader who has attended a civics |
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training program. The agency shall provide assistance to school |
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districts and open-enrollment charter schools in complying with the |
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requirements of this subsection. |
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(f) From funds available for that purpose, a teacher who |
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attends a civics training program may receive a stipend in an amount |
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determined by the commissioner. A stipend received under this |
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section is not included in determining whether a district is paying |
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the teacher the minimum monthly salary under Section 21.402. |
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(g) The commissioner may delay implementation of Subsection |
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(e) to a school year not later than the 2025-2026 school year if the |
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revision of the essential knowledge and skills for the social |
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studies curriculum under Section 28.002(h-2) or the availability of |
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civics training programs does not occur in a manner that reasonably |
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affords public schools the ability to comply with that subsection |
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by an earlier school year. This subsection expires September 1, |
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2026. |
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(h) Nothing in this section may be construed as limiting the |
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teaching of or instruction in the essential knowledge and skills |
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adopted under Subchapter A, Chapter 28. |
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SECTION 2. Section 26.006, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Each school district and open-enrollment charter school |
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that uses a learning management system or any online learning |
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portal to assign, distribute, present, or make available |
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instructional materials as defined by Section 31.002 to students |
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shall provide login credentials to the system or portal to each |
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student's parent. |
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SECTION 3. Section 28.002, Education Code, as effective |
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September 1, 2021, is amended by adding Subsections (h-2), (h-7), |
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and (h-8) to read as follows: |
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(h-2) In adopting the essential knowledge and skills for the |
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social studies curriculum for each grade level from kindergarten |
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through grade 12, the State Board of Education shall adopt |
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essential knowledge and skills that develop each student's civic |
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knowledge, including: |
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(1) an understanding of: |
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(A) the fundamental moral, political, |
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entrepreneurial, and intellectual foundations of the American |
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experiment in self-government; |
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(B) the history, qualities, traditions, and |
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features of civic engagement in the United States; |
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(C) the structure, function, and processes of |
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government institutions at the federal, state, and local levels; |
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and |
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(D) the founding documents of the United States; |
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(2) the ability to: |
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(A) analyze and determine the reliability of |
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information sources; |
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(B) formulate and articulate reasoned positions; |
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(C) understand the manner in which local, state, |
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and federal government works and operates through the use of |
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simulations and models of governmental and democratic processes; |
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(D) actively listen and engage in civil |
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discourse, including discourse with those with different |
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viewpoints; and |
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(E) participate as a citizen in a constitutional |
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democracy by voting; and |
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(3) an appreciation of: |
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(A) the importance and responsibility of |
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participating in civic life; |
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(B) a commitment to the United States and its |
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form of government; and |
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(C) a commitment to free speech and civil |
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discourse. |
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(h-7) The agency shall ensure that each school district or |
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open-enrollment charter school teaches civics education as part of |
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the district's social studies curriculum in a manner consistent |
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with the essential knowledge and skills adopted under Subsection |
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(h-2). |
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(h-8) Nothing in Subsection (h-2) or (h-7) may be construed |
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as limiting the teaching of or instruction in the essential |
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knowledge and skills adopted under this subchapter. |
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SECTION 4. Section 28.002(h-2), Education Code, as added by |
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H.B. 4509, Acts of the 87th Legislature, Regular Session, 2021, is |
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redesignated as Section 28.002(h-6), Education Code, to read as |
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follows: |
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(h-6) [(h-2)] In providing instruction regarding the |
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founding documents of the United States as described by Subsection |
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(h-1)(4), a school district or open-enrollment charter school shall |
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use those documents as part of the instructional materials for the |
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instruction. |
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SECTION 5. Subchapter A, Chapter 28, Education Code, is |
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amended by adding Section 28.0022 to read as follows: |
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Sec. 28.0022. CERTAIN INSTRUCTIONAL REQUIREMENTS AND |
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PROHIBITIONS. (a) For any course or subject, including an |
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innovative course, for a grade level from kindergarten through |
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grade 12: |
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(1) a teacher may not be compelled to discuss a |
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particular current event or widely debated and currently |
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controversial issue of public policy or social affairs; |
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(2) a teacher who chooses to discuss a topic described |
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by Subdivision (1) shall, to the best of the teacher's ability, |
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strive to explore that topic from diverse and contending |
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perspectives without giving deference to any one perspective; |
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(3) a school district, open-enrollment charter |
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school, or teacher may not require, make part of a course, or award |
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a grade or course credit, including extra credit, for a student's: |
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(A) work for, affiliation with, or service |
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learning in association with any organization engaged in: |
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(i) lobbying for legislation at the |
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federal, state, or local level; or |
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(ii) social policy advocacy or public |
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policy advocacy; |
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(B) political activism, lobbying, or efforts to |
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persuade members of the legislative or executive branch at the |
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federal, state, or local level to take specific actions by direct |
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communication; or |
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(C) participation in any internship, practicum, |
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or similar activity involving social policy advocacy or public |
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policy advocacy; and |
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(4) a teacher, administrator, or other employee of a |
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state agency, school district, or open-enrollment charter school |
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may not: |
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(A) require or make part of a course inculcation |
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in the concept that: |
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(i) one race or sex is inherently superior |
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to another race or sex; |
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(ii) an individual, by virtue of the |
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individual's race or sex, is inherently racist, sexist, or |
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oppressive, whether consciously or unconsciously; |
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(iii) an individual should be discriminated |
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against or receive adverse treatment solely or partly because of |
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the individual's race or sex; |
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(iv) an individual's moral character, |
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standing, or worth is necessarily determined by the individual's |
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race or sex; |
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(v) an individual, by virtue of the |
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individual's race or sex, bears responsibility for actions |
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committed in the past by other members of the same race or sex; |
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(vi) an individual should feel discomfort, |
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guilt, anguish, or any other form of psychological distress on |
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account of the individual's race or sex; |
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(vii) meritocracy or traits such as a hard |
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work ethic are racist or sexist or were created by members of a |
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particular race to oppress members of another race; |
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(viii) the advent of slavery in the |
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territory that is now the United States constituted the true |
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founding of the United States; or |
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(ix) with respect to their relationship to |
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American values, slavery and racism are anything other than |
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deviations from, betrayals of, or failures to live up to the |
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authentic founding principles of the United States, which include |
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liberty and equality; |
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(B) teach, instruct, or train any administrator, |
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teacher, or staff member of a state agency, school district, or |
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open-enrollment charter school to adopt a concept listed under |
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Paragraph (A); or |
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(C) require an understanding of the 1619 Project. |
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(b) Subsection (a)(3) may not be construed to apply to a |
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student's participation in community charitable projects, such as |
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building community gardens, volunteering at local food banks, or |
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other service projects. |
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(c) A state agency, school district, or open-enrollment |
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charter school may not accept private funding for the purpose of |
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developing a curriculum, purchasing or selecting curriculum |
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materials, or providing teacher training or professional |
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development related to a concept listed in Subsection (a)(4)(A). |
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(d) A school district or open-enrollment charter school may |
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not implement, interpret, or enforce any rule, including a standard |
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provided by a student code of conduct adopted under Section 37.001, |
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in a manner that would result in the punishment of a student for |
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discussing the concepts described by Subsection (a)(4) or have a |
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chilling effect on student discussions involving those concepts. |
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(e) Nothing in this section may be construed as limiting the |
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teaching of or instruction in the essential knowledge and skills |
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adopted under this subchapter. |
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SECTION 6. Sections 28.002(h-2), (h-3), (h-4), and (h-5), |
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as added by H.B. 3979, Acts of the 87th Legislature, Regular |
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Session, 2021, and effective September 1, 2021, are repealed. |
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SECTION 7. Section 28.002(h-2), Education Code, as added by |
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this Act, applies beginning with the 2022-2023 school year. |
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SECTION 8. Not later than December 31, 2022, the State Board |
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of Education shall review and revise, as needed, the essential |
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knowledge and skills of the social studies curriculum as required |
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by Section 28.002(h-2), Education Code, as added by this Act. |
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SECTION 9. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 10. If this Act receives a vote of two-thirds of all |
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the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution, this Act takes effect on the first |
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day that occurs after August 31, 2021, and is on or after the |
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earliest date on which this Act may take effect. If this Act does |
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not receive the vote necessary for effect on that date, this Act |
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takes effect on the 91st day after the last day of the legislative |
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session. |