By Smithee H.B. No. 769
74R1865 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to parental rights concerning children attending public
1-3 schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter Z, Chapter 21, Education Code, is
1-6 amended by adding Section 21.940 to read as follows:
1-7 Sec. 21.940. PARENTAL BILL OF RIGHTS. (a) A parent of or
1-8 person standing in parental relationship to a student enrolled in a
1-9 public school has the right to:
1-10 (1) examine the textbooks and other curriculum
1-11 materials used in the student's classes;
1-12 (2) after advance notice to the school, observe any
1-13 class that the student attends if the observation is not
1-14 disruptive;
1-15 (3) require the school to allow the full exercise of
1-16 the student's religious freedom in accordance with the United
1-17 States Constitution and relevant court decisions;
1-18 (4) attend meetings of the board of trustees and
1-19 address the board with concerns related to the student's education,
1-20 subject to exceptions created by law or other reasonable conditions
1-21 imposed by the board;
1-22 (5) have reasonable access to all school district
1-23 books and records that are not privileged by law, including the
1-24 district's financial records and any records that relate to the
2-1 student;
2-2 (6) have the school make every reasonable effort to
2-3 protect the student's physical and emotional welfare;
2-4 (7) request that the student be transferred to another
2-5 campus in the school district if the student is at risk of
2-6 experiencing physical or emotional harm at the student's current
2-7 campus, subject to availability of space at another campus,
2-8 adequate transportation, and any applicable state or federal laws;
2-9 (8) meet with the student's teacher or principal at
2-10 reasonable times to discuss the student's progress;
2-11 (9) remove the student from public school and enroll
2-12 the student in a private school or educate the student at home in
2-13 accordance with state law; and
2-14 (10) remove the student from any class that the parent
2-15 or student finds objectionable for religious, moral, or ethical
2-16 reasons and:
2-17 (A) provide alternative instruction at home or
2-18 through a private school; or
2-19 (B) if available through reasonable efforts by
2-20 the school, place the student in an alternative class or study hall
2-21 at the school.
2-22 (b) A parent of or person standing in parental relationship
2-23 to a student may file a complaint with a school district
2-24 administrator seeking enforcement of a right provided by Subsection
2-25 (a). If a complaint is not resolved satisfactorily by an
2-26 administrator, a parent or person standing in parental relationship
2-27 may appeal to the commissioner of education under Section 11.13 and
3-1 pursue further relief as authorized by that section. A parent or
3-2 person standing in parental relationship may not recover damages
3-3 arising from a violation of Subsection (a).
3-4 (c) Each school district shall post a copy of the parental
3-5 bill of rights provided by Subsections (a) and (b) in a conspicuous
3-6 location in the main administration building of each school campus.
3-7 The location must be accessible to the public.
3-8 (d) A school district may adopt policies as required to
3-9 implement Subsection (a).
3-10 SECTION 2. This Act applies beginning with the 1995-1996
3-11 school year.
3-12 SECTION 3. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.