87S10316 ANG-D

By: Crockett H.B. No. 216

A BILL TO BE ENTITLED

AN ACT

relating to social studies curriculum in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 28.002(h-3) and (h-5), Education Code, as effective September 1, 2021, are amended to read as follows:

(h-3) For any social studies course in the required curriculum:

(1) a teacher may not be compelled to discuss a particular current event or widely debated and currently controversial issue of public policy or social affairs;

(2) a teacher who chooses to discuss a topic described by Subdivision (1) shall, to the best of the teacher's ability, strive to explore the topic from diverse and contending perspectives without giving deference to any one perspective; and

(3) [a school district, open-enrollment charter school, or teacher may not require, make part of a course, or award a grade or course credit, including extra credit, for a student's:

[(A) political activism, lobbying, or efforts to persuade members of the legislative or executive branch at the federal, state, or local level to take specific actions by direct communication; or

[(B) participation in any internship, practicum, or similar activity involving social or public policy advocacy; and

[(4)] a teacher, administrator, or other employee of a state agency, school district, or open-enrollment charter school may not:

(A) be required to engage in training, orientation, or therapy that presents any form of race or sex stereotyping or blame on the basis of race or sex;

(B) require or make part of a course the concept that:

(i) one race or sex is inherently superior to another race or sex;

(ii) an individual, by virtue of the individual's race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(iii) an individual should be discriminated against or receive adverse treatment solely or partly because of the individual's race;

(iv) members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(v) an individual's moral character, standing, or worth is necessarily determined by the individual's race or sex;

(vi) an individual, by virtue of the individual's race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(vii) an individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of the individual's race or sex;

(viii) meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race;

(ix) the advent of slavery in the territory that is now the United States constituted the true founding of the United States; or

(x) with respect to their relationship to American values, slavery and racism are anything other than deviations from, betrayals of, or failures to live up to, the authentic founding principles of the United States, which include liberty and equality; and

(C) require an understanding of the [The] 1619 Project.

(h-5) A school district or open-enrollment charter school may not implement, interpret, or enforce any rules or student code of conduct in a manner that would result in the punishment of a student for discussing, or have a chilling effect on student discussion of, the concepts described by Subsection (h-3)(3) [(h-3)(4)].

SECTION 2. This Act applies beginning with the 2021-2022 school year.

SECTION 3. This Act takes effect September 1, 2021, if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for effect on that date, this Act takes effect on the 91st day after the last day of the legislative session.