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A BILL TO BE ENTITLED
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AN ACT
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relating to parental access to curriculum materials used in a |
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public school's human sexuality instruction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 26.006(a) and (c), Education Code, are |
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amended to read as follows: |
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(a) A parent is entitled to: |
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(1) review all teaching materials, instructional |
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materials, and other teaching aids used in the classroom of the |
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parent's child, including curriculum materials used in any human |
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sexuality instruction provided to the child; and |
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(2) review each test administered to the parent's |
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child after the test is administered. |
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(c) A student's parent is entitled to request that the |
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school district or open-enrollment charter school the student |
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attends allow the student to take home any instructional materials |
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used by the student. Subject to the availability of the |
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instructional materials, the district or school shall honor the |
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request. A student who takes home instructional materials must |
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return the instructional materials to school at the beginning of |
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the next school day if requested to do so by the student's teacher. |
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A school district or open-enrollment charter school must provide |
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the instructional materials to the student in printed format if the |
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student does not have reliable access to technology at the |
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student's home. In this subsection, "instructional material" has |
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the meaning assigned by Section 31.002 and includes curriculum |
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materials used in the district's or school's human sexuality |
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instruction. |
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SECTION 2. Section 28.004(i), Education Code, is amended to |
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read as follows: |
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(i) Before each school year, a school district shall provide |
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written notice to a parent of each student enrolled in the district |
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of the board of trustees' decision regarding whether the district |
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will provide human sexuality instruction to district students. If |
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instruction will be provided, the notice must include: |
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(1) a summary of the basic content of the district's |
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human sexuality instruction to be provided to the student, |
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including a statement informing the parent of the instructional |
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requirements under state law; |
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(2) a statement of the parent's right to: |
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(A) review curriculum materials as provided by |
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Section 26.006 [Subsection (j)]; and |
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(B) remove the student from any part of the |
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district's human sexuality instruction without subjecting the |
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student to any disciplinary action, academic penalty, or other |
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sanction imposed by the district or the student's school; and |
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(3) information describing the opportunities for |
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parental involvement in the development of the curriculum to be |
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used in human sexuality instruction, including information |
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regarding the local school health advisory council established |
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under Subsection (a). |
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SECTION 3. Section 28.004(j), Education Code, is repealed. |
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SECTION 4. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |