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A BILL TO BE ENTITLED
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AN ACT
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relating to the social studies curriculum in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 21, Education Code, is |
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amended by adding Section 21.4555 to read as follows: |
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Sec. 21.4555. CIVICS TRAINING PROGRAM. (a) To facilitate |
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the teaching of curriculum consistent with Sections 28.002(h-2) and |
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(h-3), the commissioner shall develop and make available civics |
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training programs for teachers and administrators. |
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(b) A civics training program developed under this section |
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must include training in: |
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(1) the essential knowledge and skills for the social |
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studies curriculum related to civic knowledge adopted under Section |
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28.002(h-2); |
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(2) guided classroom discussion of current events, as |
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appropriate for the grade level and consistent with the |
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restrictions under Section 28.002(h-3); |
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(3) classroom simulations and models of governmental |
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and democratic processes consistent with the requirements and |
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restrictions of Sections 28.002(h-2) and (h-3); |
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(4) media literacy, including instruction on |
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verifying information and sources and identifying propaganda, as |
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appropriate for the grade level and consistent with the |
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restrictions under Section 28.002(h-3); and |
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(5) strategies for incorporating civics instruction |
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into subject areas other than social studies. |
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(c) The commissioner by rule shall establish the grade |
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levels at which a teacher provides instruction to be eligible to |
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participate in a civics training program. In making the |
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determination, the commissioner shall include grade levels for |
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which the State Board of Education makes significant revisions to |
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the essential knowledge and skills for the social studies |
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curriculum under Section 28.002(h-2). |
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(d) Each civics training program developed under Subsection |
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(a) must be reviewed and approved by the State Board of Education. |
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The board shall annually review each program. |
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(e) Each school district and open-enrollment charter school |
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shall ensure that each district or school campus that offers a grade |
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level described by Subsection (c) has at least one teacher and one |
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principal or campus instructional leader who has attended a civics |
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training program. The agency shall provide assistance to school |
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districts and open-enrollment charter schools in complying with the |
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requirements of this subsection. |
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(f) From funds available for that purpose, a teacher who |
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attends a civics training program may receive a stipend in an amount |
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determined by the commissioner. A stipend received under this |
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section is not included in determining whether a district is paying |
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the teacher the minimum monthly salary under Section 21.402. |
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(g) The commissioner may delay implementation of Subsection |
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(e) to a school year not later than the 2025-2026 school year if the |
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revision of the essential knowledge and skills for the social |
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studies curriculum under Section 28.002(h-2) or the availability of |
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civics training programs does not occur in a manner that reasonably |
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affords public schools the ability to comply with that subsection |
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by an earlier school year. This subsection expires September 1, |
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2026. |
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SECTION 2. Section 28.002(h-2), Education Code, as added by |
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H.B. No. 3979, Acts of the 87th Legislature, Regular Session, 2021, |
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and effective September 1, 2021, is amended to read as follows: |
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(h-2) In adopting the essential knowledge and skills for the |
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social studies curriculum for each grade level from kindergarten |
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through grade 12, the State Board of Education shall adopt |
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essential knowledge and skills that develop each student's civic |
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knowledge, including: |
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(1) an understanding of: |
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(A) [(1)] the fundamental moral, political, and |
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intellectual foundations of the American experiment in |
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self-government; |
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(B) [(2)] the history, qualities, traditions, |
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and features of civic engagement in the United States; |
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(C) [(3) the history of Native Americans; |
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[(4)] the structure, function, and processes of |
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government institutions at the federal, state, and local levels; |
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(D) [(5)] the founding documents of the United |
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States, including: |
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(i) [(A)] the Declaration of Independence; |
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(ii) [(B)] the United States Constitution; |
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(iii) [(C)] the Federalist Papers, |
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including Essays 10 and 51; |
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(iv) excerpts from Alexis de Tocqueville's |
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Democracy in America; |
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(v) [(D)] the transcript of the first |
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Lincoln-Douglas debate; and |
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(vi) [(E)] the writings of [and about] the |
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founding fathers [and mothers and other founding persons] of the |
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United States; and |
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(E) the history and importance of: |
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(i) the federal Civil Rights Act of 1964 (42 |
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U.S.C. Section 2000a et seq.); |
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(ii) the Thirteenth, Fourteenth, and |
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Nineteenth Amendments to the United States Constitution; |
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(iii) the complexity of the historic |
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relationship between Texas and Mexico; and |
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(iv) the diversity of the Hispanic |
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population in Texas; |
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(2) the ability to: |
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(A) analyze and determine the reliability of |
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information sources; |
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(B) formulate and articulate reasoned positions; |
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(C) understand the manner in which local, state, |
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and federal government works and operates through the use of |
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simulations and models of governmental and democratic processes; |
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(D) actively listen and engage in civil |
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discourse, including discourse with those with different |
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viewpoints; |
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(E) responsibly participate as a citizen in a |
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constitutional democracy; and |
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(F) effectively engage with governmental |
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institutions at the local, state, and federal levels; and |
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(3) an appreciation of: |
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(A) the importance and responsibility of |
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participating in civic life; |
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(B) a commitment to the United States and its |
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form of government; and |
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(C) a commitment to free speech and civil |
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discourse[, including the writings of: |
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[(i) George Washington; |
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[(ii) Ona Judge; |
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[(iii) Thomas Jefferson; |
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[(iv) Sally Hemings; and |
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[(v) any other founding persons of the |
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United States; |
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[(F) writings from Frederick Douglass's |
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newspaper, the North Star; |
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[(G) the Book of Negroes; |
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[(H) the Fugitive Slave Acts of 1793 and 1850; |
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[(I) the Indian Removal Act; |
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[(J) Thomas Jefferson's letter to the Danbury |
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Baptists; and |
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[(K) William Still's Underground Railroad |
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Records; |
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[(6) historical documents related to the civic |
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accomplishments of marginalized populations, including documents |
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related to: |
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[(A) the Chicano movement; |
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[(B) women's suffrage and equal rights; |
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[(C) the civil rights movement; |
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[(D) the Snyder Act of 1924; and |
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[(E) the American labor movement; |
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[(7) the history of white supremacy, including but not |
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limited to the institution of slavery, the eugenics movement, and |
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the Ku Klux Klan, and the ways in which it is morally wrong; |
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[(8) the history and importance of the civil rights |
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movement, including the following documents: |
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[(A) Martin Luther King Jr.'s "Letter from a |
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Birmingham Jail" and "I Have a Dream" speech; |
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[(B) the federal Civil Rights Act of 1964 (42 |
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U.S.C. Section 2000a et seq.); |
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[(C) the United States Supreme Court's decision |
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in Brown v. Board of Education; |
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[(D) the Emancipation Proclamation; |
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[(E) the Universal Declaration of Human Rights; |
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[(F) the Thirteenth, Fourteenth, and Fifteenth |
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Amendments to the United States Constitution; |
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[(G) the United States Court of Appeals for the |
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Ninth Circuit decision in Mendez v. Westminster; |
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[(H) Frederick Douglass's Narrative of the Life |
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of Frederick Douglass, an American Slave;; |
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[(I) the life and work of Cesar Chavez; and |
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[(J) the life and work of Dolores Huerta; |
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[(9) the history and importance of the women's |
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suffrage movement, including the following documents: |
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[(A) the federal Voting Rights Act of 1965 (52 |
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U.S.C. Section 10101 et seq.); |
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[(B) the Fifteenth, Nineteenth, and Twenty-Sixth |
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Amendments to the United States Constitution; |
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[(C) Abigail Adams's letter "Remember the |
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Ladies"; |
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[(D) the works of Susan B. Anthony; and |
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[(E) the Declaration of Sentiments; |
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[(10) the life and works of Dr. Hector P. Garcia; |
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[(11) the American GI Forum; |
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[(12) the League of United Latin American Citizens; |
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and |
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[(13) Hernandez v. Texas (1954)]. |
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SECTION 3. Section 28.002, Education Code, as effective |
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September 1, 2021, is amended by amending Subsections (h-3) and |
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(h-4) and adding Subsections (h-6) and (h-7) to read as follows: |
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(h-3) For any social studies course or subject, including an |
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innovative course, for a grade level from kindergarten through |
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grade 12 [in the required curriculum]: |
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(1) a teacher may not be compelled to discuss a |
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particular current event or widely debated and currently |
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controversial issue of public policy or social affairs; |
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(2) a teacher who chooses to discuss a topic described |
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by Subdivision (1) shall, to the best of the teacher's ability, |
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strive to explore that [the] topic from diverse and contending |
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perspectives without giving deference to any one perspective; |
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(3) a school district, open-enrollment charter |
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school, or teacher may not require, make part of a course, or award |
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a grade or course credit, including extra credit, for a student's: |
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(A) work for, affiliation with, or service |
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learning in association with any organization engaged in: |
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(i) lobbying for legislation at the |
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federal, state, or local level; or |
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(ii) social policy advocacy or public |
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policy advocacy; |
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(B) political activism, lobbying, or efforts to |
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persuade members of the legislative or executive branch at the |
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federal, state, or local level to take specific actions by direct |
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communication; or |
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(C) [(B)] participation in any internship, |
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practicum, or similar activity involving social policy advocacy or |
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public policy advocacy; and |
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(4) a teacher, administrator, or other employee of a |
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state agency, school district, or open-enrollment charter school |
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may not: |
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(A) require, or make part of a course, concepts |
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that serve to inculcate [be required to engage in training, |
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orientation, or therapy that presents any form of race or sex |
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stereotyping or blame on the basis of race or sex]; |
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(B) teach, instruct, or train any administrator, |
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teacher, or staff member of a state agency, school district, or |
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open-enrollment charter school to adopt [require or make part of a |
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course] the concept that: |
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(i) one race or sex is inherently superior |
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to another race or sex; |
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(ii) an individual, by virtue of the |
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individual's race or sex, is inherently racist, sexist, or |
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oppressive, whether consciously or unconsciously; |
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(iii) an individual should be discriminated |
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against or receive adverse treatment solely or partly because of |
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the individual's race or sex; |
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(iv) [members of one race or sex cannot and |
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should not attempt to treat others without respect to race or sex; |
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[(v)] an individual's moral character, |
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standing, or worth is necessarily determined by the individual's |
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race or sex; |
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(v) [(vi)] an individual, by virtue of the |
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individual's race or sex, bears responsibility for actions |
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committed in the past by other members of the same race or sex; |
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(vi) [(vii)] an individual should feel |
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discomfort, guilt, anguish, or any other form of psychological |
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distress on account of the individual's race or sex; |
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(vii) [(viii)] meritocracy or traits such |
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as a hard work ethic are racist or sexist or were created by members |
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of a particular race to oppress members of another race; |
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(viii) [(ix)] the advent of slavery in the |
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territory that is now the United States constituted the true |
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founding of the United States; or |
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(ix) [(x)] with respect to their |
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relationship to American values, slavery and racism are anything |
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other than deviations from, betrayals of, or failures to live up to, |
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the authentic founding principles of the United States, which |
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include liberty and equality; and |
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(C) require an understanding of The 1619 Project. |
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(h-4) A state agency, school district, or open-enrollment |
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charter school may not accept private funding for the purpose of |
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developing a curriculum, purchasing or selecting curriculum |
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materials, or providing teacher training or professional |
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development for a course described by Subsections [Subsection] |
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(h-3)(3) and (4). |
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(h-6) Subsection (h-3)(3) may not be construed to apply to a |
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student's participation in community charitable projects, such as |
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building community gardens, volunteering at local food banks, or |
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other service projects. |
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(h-7) The agency shall ensure that each school district or |
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open-enrollment charter school teaches civics education as part of |
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the district's social studies curriculum in a manner consistent |
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with the essential knowledge and skills adopted under Subsection |
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(h-2). |
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SECTION 4. Section 28.002(h-2), Education Code, as added by |
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H.B. No. 4509, Acts of the 87th Legislature, 2021, is redesignated |
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as Section 28.002(h-8), Education Code, to read as follows: |
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(h-8) [(h-2)] In providing instruction regarding the |
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founding documents of the United States as described by Subsection |
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(h-1)(4), a school district or open-enrollment charter school shall |
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use those documents as part of the instructional materials for the |
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instruction. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, this Act applies beginning with the 2021-2022 school year. |
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(b) Section 28.002(h-2), Education Code, as added by H.B. |
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No. 3979, Acts of the 87th Legislature, Regular Session, 2021, |
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effective September 1, 2021, and as amended by this Act, applies |
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beginning with the 2022-2023 school year. |
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SECTION 6. Not later than December 31, 2022, the State Board |
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of Education shall review and revise, as needed, the essential |
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knowledge and skills of the social studies curriculum as required |
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by Section 28.002(h-2), Education Code, as added by H.B. No. 3979, |
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Acts of the 87th Legislature, Regular Session, 2021, effective |
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September 1, 2021, and as amended by this Act. |
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SECTION 7. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 8. This Act takes effect September 1, 2021, if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for effect on that |
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day, this Act takes effect on the 91st day after the last day of the |
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legislative session. |