By Nelson                                              S.B. No. 746
       74R5950 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)  "Emancipated minor" means a minor who is or has
   1-10  been married or has had the disabilities of minority removed for
   1-11  general purposes.
   1-12              (2)  "Guardian" means a person who, under court order,
   1-13  is charged with the duty of care of a child.
   1-14              (3)  "Minor" means a person under 18 years of age.
   1-15              (4)  "Parent" means a natural parent, adoptive parent,
   1-16  or stepparent married to the natural or adoptive parent of a child,
   1-17  but does not include a person as to whom the parent-child
   1-18  relationship has been terminated or the spouse of such a person.
   1-19              (5)  "Working day" means a weekday other than a holiday
   1-20  recognized by state or federal law.
   1-21        Sec. 21.802.  EMANCIPATED MINOR ENTITLED TO EXERCISE RIGHTS.
   1-22  (a)  A parent or guardian of a student may exercise the rights
   1-23  given and is entitled to receive the notices required by this
   1-24  subchapter only in connection with a student who is a minor.
    2-1        (b)  An emancipated minor or student who is not a minor may
    2-2  exercise the rights given and is entitled to receive the notices
    2-3  required by this subchapter on the person's own behalf.
    2-4        Sec. 21.803.  PARENTAL BILL OF RIGHTS.  (a)  A parent or
    2-5  guardian of a student enrolled in a school district has the right
    2-6  to:
    2-7              (1)  observe any class or school activity that the
    2-8  student attends, as provided by Section 21.805;
    2-9              (2)  meet with the student's teacher or principal on
   2-10  request;
   2-11              (3)  volunteer time or donate money for the improvement
   2-12  of district facilities or programs;
   2-13              (4)  review the curriculum and instructional materials,
   2-14  as provided by Section 21.804;
   2-15              (5)  have a safe school environment for the student;
   2-16              (6)  be notified if the student is absent from school
   2-17  without permission;
   2-18              (7)  be informed of appropriate school personnel to
   2-19  contact regarding problems with the student;
   2-20              (8)  view the student's school records;
   2-21              (9)  establish a parent organization at the school the
   2-22  student attends;
   2-23              (10)  be represented in meetings with the district
   2-24  required by Section 21.930;
   2-25              (11)  elect representatives to serve on the school
   2-26  committee required by Section 21.931;
   2-27              (12)  prohibit the district from making a videotape of
    3-1  the student or recording the student's voice;
    3-2              (13)  receive the results of the student's performance
    3-3  on standardized tests and statewide tests; and
    3-4              (14)  receive information on student performance on
    3-5  standardized tests and statewide tests for the grade level in which
    3-6  the student is enrolled and the school that the student attends.
    3-7        (b)  A school district shall distribute a copy of the
    3-8  parental bill of rights annually to the parent or guardian of  each
    3-9  student enrolled in the district with the district's campus report
   3-10  card required by Section 35.043.
   3-11        (c)  A school district may adopt policies as required to
   3-12  implement Subsection (a).
   3-13        Sec. 21.804.  ACCESS TO INSTRUCTIONAL MATERIALS.  (a)  A
   3-14  parent or guardian of a student enrolled in a school district or an
   3-15  adult resident of a school district may, after written request to
   3-16  the district, inspect all curriculum and instructional materials
   3-17  used in the district, including teachers' manuals, films, tapes,
   3-18  computer programs, laser discs, other supplemental instructional
   3-19  materials, tests, test keys, and test objectives.
   3-20        (b)  A school district shall arrange for review of the
   3-21  curriculum and instructional materials not later than the fifth
   3-22  working day after the district receives a person's written request
   3-23  for review.  The person must review the curriculum and
   3-24  instructional materials at the school and may not remove any
   3-25  materials from the school.  A district is not required by this
   3-26  section to allow review of a test or related materials before the
   3-27  test is administered.
    4-1        Sec. 21.805.  OBSERVATION OF SCHOOL ACTIVITIES.  (a)  A
    4-2  parent or guardian of a student enrolled in a school district may,
    4-3  on request, attend and observe any class, assembly, counseling
    4-4  session, administration of health care, or other school activity in
    4-5  which the student is engaged.  A parent or guardian is not required
    4-6  to provide advance notice to the district of the person's request.
    4-7        (b)  Attendance and observation under this section must be
    4-8  orderly and not disruptive.
    4-9        Sec. 21.806.  REMOVAL FROM SCHOOL ACTIVITY.  (a)  The parent
   4-10  or guardian of a student enrolled in a school district may, on
   4-11  written request to the district, remove the student from any class,
   4-12  counseling session, or other instructional activity conducted by
   4-13  the district that the parent or guardian finds objectionable based
   4-14  on religious, ethical, or moral grounds.
   4-15        (b)  The school district must comply with the request of a
   4-16  student's parent or guardian under this section immediately in a
   4-17  manner that does not create an embarrassing or demeaning situation
   4-18  for the student.
   4-19        Sec. 21.807.  IN-HOME VISITS.  (a)  A school district may not
   4-20  conduct home visits or in-home parenting training at the home of a
   4-21  student enrolled in the district without the written informed
   4-22  consent of the parent or guardian of the student.  Consent under
   4-23  this section is not valid if it is obtained later than four weeks
   4-24  before or earlier than four weeks after the birth of a child to the
   4-25  parent or guardian.
   4-26        (b)  The consent required by Subsection (a) must contain:
   4-27              (1)  a clear description of the program provided by the
    5-1  school district, including the activities and information
    5-2  presented;
    5-3              (2)  the number of anticipated home visits;
    5-4              (3)  a notice that a record will be maintained
    5-5  concerning the home visits and that the record may be available in
    5-6  court proceedings;
    5-7              (4)  if applicable, a notice that personnel conducting
    5-8  the home visits or parenting training are required to report any
    5-9  instances of suspected child neglect or abuse to the Department of
   5-10  Protective and Regulatory Services or other appropriate entity; and
   5-11              (5)  any other information necessary to provide the
   5-12  parent or guardian with a clear understanding of the program and
   5-13  its implications and risks.
   5-14        (c)  Consent provided under Subsection (a) may be revoked for
   5-15  any reason at any time.
   5-16        (d)  A parent or guardian may review any records kept by a
   5-17  school district relating to home visits to the person or in-home
   5-18  parenting training provided to the person.  A parent or guardian
   5-19  may provide written statements or materials to the district for
   5-20  inclusion in its records if the person considers the district's
   5-21  records to be inaccurate.
   5-22        (e)  Notwithstanding Section 21.912, a parent or guardian may
   5-23  bring suit against a person for knowing or reckless inclusion of
   5-24  defamatory or derogatory information in school district records of
   5-25  home visits or in-home parenting training.
   5-26        Sec. 21.808.  INTERFERENCE WITH PARENT-CHILD COMMUNICATION.
   5-27  (a)  An employee of a school district or any person acting under
    6-1  the direction of an employee of a school district may not instruct
    6-2  or encourage a student to withhold information from the student's
    6-3  parent or guardian about any instruction the student received or
    6-4  any conversation or activity in which the student was involved.
    6-5        (b)  A school district may not use instructional materials
    6-6  that encourage a student to withhold any information from the
    6-7  student's parent or guardian.
    6-8        Sec. 21.809.  CRIMINAL PENALTY.  A person who knowingly
    6-9  violates this subchapter commits an offense.  An offense under this
   6-10  section is a Class A misdemeanor.
   6-11        Sec. 21.810.  CIVIL REMEDY.  (a)  A school district is liable
   6-12  to a parent or guardian of a student enrolled in the district, an
   6-13  adult enrolled in the district, or an adult resident of the
   6-14  district for damages resulting from the district's violation of
   6-15  this subchapter, including reasonable attorney's fees incurred in
   6-16  bringing suit against the district.
   6-17        (b)  A suit under this chapter may be brought in the county
   6-18  in which the plaintiff resides.
   6-19        SECTION 2.  Section 21.930, Education Code, is amended to
   6-20  read as follows:
   6-21        Sec. 21.930.  District-Level Decision Process.  (a)  The
   6-22  board of trustees of each school district shall adopt a policy to
   6-23  involve the professional staff and parents of the district in
   6-24  establishing and reviewing the district's educational goals,
   6-25  objectives, and major district-wide classroom instructional
   6-26  programs.
   6-27        (b)  The board shall establish a procedure under which
    7-1  meetings are held regularly with representative professional staff
    7-2  and parents and the board or board designee.
    7-3        (c)  The board shall adopt a procedure, consistent with
    7-4  Section 21.904(a) of this code, for the professional staff within
    7-5  the district to nominate and elect the representatives who will
    7-6  meet with the board or the board designee as required under the
    7-7  provisions of this section.  Two-thirds of the elected
    7-8  representatives must be classroom teachers.  The remaining
    7-9  representatives shall be campus-based staff.
   7-10        (d)  The district's policy shall require that parents of
   7-11  students enrolled in the district be selected to participate in
   7-12  meetings with the board or the board designee as required by this
   7-13  section.  Parents shall compose at least 25 percent of the total
   7-14  membership of a group formed under this section and shall be
   7-15  selected for one-year terms by the district's parent-teacher
   7-16  organization or organizations.
   7-17        (e) <(d)>  This section does not prohibit the board from
   7-18  conducting meetings with teachers, parents, or groups of teachers
   7-19  or parents other than the meetings described by this section.
   7-20        (f) <(e)>  Nothing in this section shall be construed to
   7-21  limit or affect the power of a local school board of trustees to
   7-22  manage and govern the public free schools of this state.
   7-23        (g) <(f)>  Nothing in this section shall be construed as
   7-24  creating a new cause of action or as requiring collective
   7-25  bargaining.
   7-26        (h) <(g)>  Each district shall annually report to the Central
   7-27  Education Agency the involvement of the district's professional
    8-1  staff and parents in district-level decisions under the policy and
    8-2  procedures adopted under this section.  The agency shall compile
    8-3  the district reports into a single report and present that report
    8-4  annually to the legislature.
    8-5        (i) <(h)>  The professional staff and parents selected
    8-6  <elected> under this section shall hold at least one public meeting
    8-7  per year.  The required meeting shall be held after receipt of the
    8-8  annual district performance report from the Central Education
    8-9  Agency for the purpose of discussing the performance of the
   8-10  district and the district performance objectives.
   8-11        (j)  In this section, "parent" includes a person standing in
   8-12  parental relation to a student.
   8-13        SECTION 3.  Section 21.931(c), Education Code, is amended to
   8-14  read as follows:
   8-15        (c)  A school committee established under this section shall
   8-16  include community representatives and parents of students enrolled
   8-17  at the school.  The community representatives may include business
   8-18  representatives.  Parents or persons standing in parental relation
   8-19  shall compose at least 25 percent of the committee and shall be
   8-20  selected for one-year terms by the parent-teacher organization at
   8-21  the school.
   8-22        SECTION 4.  Section 35.030(a), Education Code, is amended to
   8-23  read as follows:
   8-24        (a)  In adopting academic skills assessment instruments under
   8-25  this subchapter, the State Board of Education or a local school
   8-26  district shall ensure the security of the instruments and tests in
   8-27  their preparation, administration, and grading.  Meetings or
    9-1  portions of meetings held by the State Board of Education or a
    9-2  local school district at which individual assessment instruments or
    9-3  assessment instrument items are discussed or adopted are not open
    9-4  to the public under Chapter 551, Government Code <271, Acts of the
    9-5  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
    9-6  Texas Civil Statutes)>, and the assessment instruments or
    9-7  assessment instrument items are confidential, except as provided by
    9-8  Section 35.0301.
    9-9        SECTION 5.  Subchapter B, Chapter 35, Education Code, as
   9-10  added by Chapter 347, Acts of the 73rd Legislature, Regular
   9-11  Session, 1993, is amended by adding Section 35.0301 to read as
   9-12  follows:
   9-13        Sec. 35.0301.  PARENTAL ACCESS.  (a)  The parent of a student
   9-14  to whom an assessment instrument is administered under this
   9-15  subchapter is entitled to review the assessment instrument after
   9-16  the test has been administered but before the test is scheduled to
   9-17  be graded or, if the test will not be graded in the district,
   9-18  before the test is scheduled to be sent away for grading.
   9-19        (b)  After reviewing an assessment instrument under
   9-20  Subsection (a), if the parent finds that any question on the
   9-21  assessment instrument is not performance-based or academic in
   9-22  nature and proves that fact to the satisfaction of the board of
   9-23  trustees of the district at a hearing held for that purpose, the
   9-24  parent may choose to have the student's assessment instrument
   9-25  withheld from grading.
   9-26        (c)  The State Board of Education shall adopt rules necessary
   9-27  to implement this section.
   10-1        SECTION 6.  Section 552.122, Government Code, is amended to
   10-2  conform to Section 8.30, Chapter 347, Acts of the 73rd Legislature,
   10-3  Regular Session, 1993, to read as follows:
   10-4        Sec. 552.122.  Exception:  Curriculum Objectives and Test
   10-5  Items.  (a)  Except as provided by Sections 21.804 and 35.0301,
   10-6  Education Code, a <A curriculum objective or> test item developed
   10-7  by an educational institution that is funded wholly or in part by
   10-8  state revenue is excepted from the requirements of Section 552.021.
   10-9        (b)  Except as provided by Sections 21.804 and 35.0301,
  10-10  Education Code, a <A> test item developed by a licensing agency or
  10-11  governmental body is excepted from the requirements of Section
  10-12  552.021.
  10-13        SECTION 7.  This Act applies beginning with the 1995-1996
  10-14  school year.
  10-15        SECTION 8.  The importance of this legislation and the
  10-16  crowded condition of the calendars in both houses create an
  10-17  emergency and an imperative public necessity that the
  10-18  constitutional rule requiring bills to be read on three several
  10-19  days in each house be suspended, and this rule is hereby suspended,
  10-20  and that this Act take effect and be in force from and after its
  10-21  passage, and it is so enacted.