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.