By Uher, Chisum, Heflin, Goodman                       H.B. No. 661
       74R1084 KKA-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to parental rights concerning children attending public
    1-3  schools; providing criminal penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 21, Education Code, is amended by adding
    1-6  Subchapter W to read as follows:
    1-7                    SUBCHAPTER W.  PARENTAL RIGHTS
    1-8        Sec. 21.801.  DEFINITIONS.  In this subchapter:
    1-9              (1)  "Adult" means a person who:
   1-10                    (A)  is over 18 years of age;
   1-11                    (B)  is or has been married; or
   1-12                    (C)  has had the disabilities of minority removed
   1-13  for general purposes.
   1-14              (2)  "Guardian" means a person who, under court order,
   1-15  is charged with the duty of care of a child.
   1-16              (3)  "Informed consent" means consent given by a person
   1-17  after receipt of a sufficiently explicit explanation of a
   1-18  recommended activity to enable the person to fully understand the
   1-19  implications and risks of the activity.
   1-20              (4)  "Parent" means a natural parent, adoptive parent,
   1-21  or stepparent married to the natural or adoptive parent of a child,
   1-22  but does not include a person as to whom the parent-child
   1-23  relationship has been terminated or the spouse of such a person.
   1-24              (5)  "Working day" means a weekday other than a holiday
    2-1  recognized by state or federal law.
    2-2        Sec. 21.802.  ADULT STUDENT ENTITLED TO EXERCISE RIGHTS.  (a)
    2-3  A parent or guardian of a student may exercise the rights given and
    2-4  is entitled to receive the notices required by this subchapter only
    2-5  in connection with a student who is not an adult.
    2-6        (b)  An adult student may exercise the rights given and is
    2-7  entitled to receive the notices required by this subchapter on the
    2-8  student's own behalf.
    2-9        Sec. 21.803.  ACCESS TO INSTRUCTIONAL MATERIALS.  (a)  A
   2-10  parent or guardian of a student enrolled in a school district or an
   2-11  adult resident of a school district may, after written request to
   2-12  the district, inspect all curriculum and instructional materials
   2-13  used in the district, including teachers' manuals, films, tapes,
   2-14  computer programs, laser discs, other supplemental instructional
   2-15  materials, tests, test keys, and test objectives.
   2-16        (b)  A school district shall arrange for review of the
   2-17  curriculum and instructional materials not later than the fifth
   2-18  working day after the district receives a person's written request
   2-19  for review.  The person must review the curriculum and
   2-20  instructional materials at the school and may not remove any
   2-21  materials from the school.  A district is not required by this
   2-22  section to allow review of a test or related materials before the
   2-23  test is administered.
   2-24        Sec. 21.804.  OBSERVATION OF SCHOOL ACTIVITIES.  (a)  A
   2-25  parent or guardian of a student enrolled in a school district may,
   2-26  on request, attend and observe any class, assembly, counseling
   2-27  session, administration of health care, or other school activity in
    3-1  which the student is engaged.  A parent or guardian is not required
    3-2  to provide advance notice to the district of the person's request.
    3-3        (b)  Attendance and observation under this section must be
    3-4  orderly and not disruptive.
    3-5        Sec. 21.805.  NOTICE OF SUPPLEMENTAL PRESENTATIONS.  (a)  A
    3-6  school district shall notify each parent or guardian of a student
    3-7  enrolled in the district of any presentation or instructional
    3-8  program to be presented to the student by a person not regularly
    3-9  employed by the district.  For purposes of this section, a
   3-10  substitute teacher is considered to be regularly employed by the
   3-11  district.
   3-12        (b)  A school district shall send notice not later than the
   3-13  fifth working day before the presentation or instructional program.
   3-14  The notice must include:
   3-15              (1)  a description of the presentation or program; and
   3-16              (2)  the name and any professional affiliation of the
   3-17  person making the presentation or providing the program.
   3-18        Sec. 21.806.  PROGRESSIVE RELAXATION TECHNIQUES.  (a)  A
   3-19  school district may not employ a progressive relaxation technique
   3-20  in a curriculum, counseling program, or other school activity
   3-21  without the written informed consent of the parent or guardian of
   3-22  each student affected by the progressive relaxation technique.
   3-23        (b)  A progressive relaxation technique must be administered
   3-24  by a licensed medical professional trained in the use of the
   3-25  procedure.
   3-26        (c)  In this section, "progressive relaxation technique"
   3-27  means a technique that produces an artificially induced passive
    4-1  state in which a person is more amenable and responsive to
    4-2  suggestions and commands, regardless of whether the suggestions and
    4-3  commands conflict with the person's conscious or unconscious
    4-4  wishes.  The term includes hypnosis.
    4-5        Sec. 21.807.  PRIVATE FAMILY INFORMATION.  (a)  Except as
    4-6  provided by Subsection (b), a school district may not administer an
    4-7  assessment instrument, test, or survey or present any curriculum to
    4-8  a student that reveals private information about the student or the
    4-9  student's family in the following areas:
   4-10              (1)  political affiliation or political views;
   4-11              (2)  mental or psychological problems;
   4-12              (3)  sexual behavior or attitudes;
   4-13              (4)  illegal, antisocial, self-incriminating, or
   4-14  demeaning behavior;
   4-15              (5)  religious beliefs;
   4-16              (6)  individualist or peer-dependent tendencies;
   4-17              (7)  attitudes or values;
   4-18              (8)  critical appraisals of persons with whom the
   4-19  student has close family relationships;
   4-20              (9)  a legally recognized privilege or analogous
   4-21  relationship with another person, such as a relationship with a
   4-22  lawyer, minister, or physician;
   4-23              (10)  adaptability to change;
   4-24              (11)  respect for authority;
   4-25              (12)  income, except as required by law to determine
   4-26  eligibility for participating in or receiving assistance under a
   4-27  financial assistance program; or
    5-1              (13)  any other nonacademic area related to values.
    5-2        (b)  A school district may administer an assessment
    5-3  instrument, test, or survey or present curriculum to a student that
    5-4  reveals private information described by Subsection (a) if:
    5-5              (1)  the district notifies the student's parent or
    5-6  guardian, in writing and not later than the fifth working day
    5-7  before the administration of the assessment, test, survey, or
    5-8  presentation of curriculum, that:
    5-9                    (A)  the person may review all materials related
   5-10  to the assessment, test, survey, or curriculum, including answer
   5-11  keys and manuals; and
   5-12                    (B)  the person may refuse to allow the student
   5-13  to participate in the assessment, test, survey, or curriculum; and
   5-14              (2)  the district obtains the prior written consent to
   5-15  the assessment, test, survey, or curriculum from the student's
   5-16  parent or guardian.
   5-17        (c)  An assessment, test, survey, or curriculum that reveals
   5-18  private information described by Subsection (a) or a student's
   5-19  failure to participate in such an assessment, test, survey, or
   5-20  curriculum may not be used to determine:
   5-21              (1)  the student's grade for a course;
   5-22              (2)  whether to promote the student to the next grade
   5-23  level; or
   5-24              (3)  whether the student will graduate.
   5-25        (d)  In this section, "family" means persons related to each
   5-26  other within the third degree by consanguinity or the second degree
   5-27  by affinity, as determined under Chapter 573, Government Code.
    6-1        Sec. 21.808.  REMOVAL FROM SCHOOL ACTIVITY.  (a)  The parent
    6-2  or guardian of a student enrolled in a school district may, on
    6-3  written request to the district, remove the student from any class,
    6-4  counseling session, or other instructional activity conducted by
    6-5  the district that the parent or guardian reasonably finds
    6-6  objectionable.
    6-7        (b)  An objection based on religious, ethical, or moral
    6-8  grounds is presumed to be reasonable, and the school district has
    6-9  the burden of proving that any objection is unreasonable.
   6-10        (c)  The school district must comply with the request of a
   6-11  student's parent or guardian under this section immediately in a
   6-12  manner that does not create an embarrassing or demeaning situation
   6-13  for the student.
   6-14        Sec. 21.809.  COUNSELING.  (a)  A school district may provide
   6-15  routine counseling to a student to determine the student's needs or
   6-16  aptitudes without obtaining the prior consent of the student's
   6-17  parent or guardian.  A district must obtain the written informed
   6-18  consent of a student's parent or guardian before the district:
   6-19              (1)  provides the student with extensive counseling; or
   6-20              (2)  refers the student to an individual not employed
   6-21  by the district for counseling or health care services.
   6-22        (b)  If a school district intends to refer a student to a
   6-23  counselor under contract with the Department of Protective and
   6-24  Regulatory Services, the district must specifically notify the
   6-25  student's parent or guardian of the proposed counselor's
   6-26  affiliation before obtaining the consent required by Subsection
   6-27  (a).
    7-1        Sec. 21.810.  IN-HOME VISITS.  (a)  A school district may not
    7-2  conduct home visits or in-home parenting training at the home of a
    7-3  student enrolled in the district without the written informed
    7-4  consent of each participating parent or guardian of the student.
    7-5  Consent under this section is not valid if it is obtained later
    7-6  than four weeks before or earlier than four weeks after the birth
    7-7  of a child to the parent or guardian.
    7-8        (b)  The consent required by Subsection (a) must contain:
    7-9              (1)  a clear description of the program provided by the
   7-10  school district, including the activities and information
   7-11  presented;
   7-12              (2)  the number of anticipated home visits;
   7-13              (3)  a description of any responsibilities imposed on
   7-14  the parent or guardian resulting from the program;
   7-15              (4)  a notice that a record will be maintained
   7-16  concerning the home visits and that the record may be available in
   7-17  court proceedings;
   7-18              (5)  if applicable, a notice that personnel conducting
   7-19  the home visits or parenting training are required to report any
   7-20  instances of suspected child neglect or abuse to the Department of
   7-21  Protective and Regulatory Services or other appropriate entity; and
   7-22              (6)  any other information necessary to provide the
   7-23  parent or guardian with a clear understanding of the program.
   7-24        (c)  Consent provided under Subsection (a) may be revoked for
   7-25  any reason at any time.
   7-26        (d)  A parent or guardian may review any records kept by a
   7-27  school district relating to home visits to the person or in-home
    8-1  parenting training provided to the person.  A parent or guardian
    8-2  may provide written statements or materials to the district for
    8-3  inclusion in its records if the person considers the district's
    8-4  records to be inaccurate.
    8-5        (e)  A parent or guardian may bring suit against a person for
    8-6  knowing or reckless inclusion of defamatory or derogatory
    8-7  information in school district records of home visits or in-home
    8-8  parenting training.
    8-9        Sec. 21.811.  INTERFERENCE WITH PARENT-CHILD COMMUNICATION.
   8-10  (a)  An employee of a school district or any person acting under
   8-11  the direction of an employee of a school district may not instruct
   8-12  or encourage a student to withhold information from the student's
   8-13  parent or guardian about any instruction the student received or
   8-14  any conversation or activity in which the student was involved.
   8-15        (b)  A school district may not use instructional materials
   8-16  that encourage a student to withhold any information from the
   8-17  student's parent or guardian.
   8-18        Sec. 21.812.  CRIMINAL PENALTY.  A person who knowingly
   8-19  violates this subchapter commits an offense.  An offense under this
   8-20  section is a Class A misdemeanor.
   8-21        Sec. 21.813.  CIVIL REMEDY.  (a)  A school district is liable
   8-22  to a parent or guardian of a student enrolled in the district, an
   8-23  adult enrolled in the district, or an adult resident of the
   8-24  district for damages resulting from the district's violation of
   8-25  this subchapter, including reasonable attorney's fees incurred in
   8-26  bringing suit against the district.
   8-27        (b)  A suit under this chapter may be brought in the county
    9-1  in which the plaintiff resides.
    9-2        SECTION 2.  Section 35.030(a), Education Code, is amended to
    9-3  read as follows:
    9-4        (a)  In adopting academic skills assessment instruments under
    9-5  this subchapter, the State Board of Education or a local school
    9-6  district shall ensure the security of the instruments and tests in
    9-7  their preparation, administration, and grading.  Meetings or
    9-8  portions of meetings held by the State Board of Education or a
    9-9  local school district at which individual assessment instruments or
   9-10  assessment instrument items are discussed or adopted are not open
   9-11  to the public under Chapter 551, Government Code <271, Acts of the
   9-12  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   9-13  Texas Civil Statutes)>, and the assessment instruments or
   9-14  assessment instrument items are confidential, except as provided by
   9-15  Section 21.803.
   9-16        SECTION 3.  This Act applies beginning with the 1995-1996
   9-17  school year.
   9-18        SECTION 4.  The importance of this legislation and the
   9-19  crowded condition of the calendars in both houses create an
   9-20  emergency and an imperative public necessity that the
   9-21  constitutional rule requiring bills to be read on three several
   9-22  days in each house be suspended, and this rule is hereby suspended,
   9-23  and that this Act take effect and be in force from and after its
   9-24  passage, and it is so enacted.