By: Creighton  S.B. No. 2202
         (In the Senate - Filed April 12, 2021; April 12, 2021, read
  first time and referred to Committee on State Affairs;
  April 21, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 3; April 21, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2202 By:  Birdwell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the social studies curriculum in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.002, Education Code, is amended by
  adding Subsections (h-2), (h-3), and (h-4) to read as follows:
         (h-2)  In adopting the essential knowledge and skills for the
  social studies curriculum, the State Board of Education shall adopt
  essential knowledge and skills that develop each student's civic
  knowledge, including an understanding of:
               (1)  the fundamental moral, political, and
  intellectual foundations of the American experiment in
  self-government;
               (2)  the history, qualities, traditions, and features
  of civic engagement in the United States;
               (3)  the structure, function, and processes of
  government institutions at the federal, state, and local levels;
  and
               (4)  the founding documents of the United States,
  including:
                     (A)  the Declaration of Independence;
                     (B)  the United States Constitution;
                     (C)  the Federalist Papers, including Essays 10
  and 51;
                     (D)  excerpts from Alexis de Tocqueville's
  Democracy in America;
                     (E)  the transcript of the first Lincoln-Douglas
  debate; and
                     (F)  the writings of the founding fathers of the
  United States.
         (h-3)  For courses in the social studies curriculum in Texas
  history, United States history, world history, government, civics,
  social studies, or other similar subjects:
               (1)  a teacher may not be compelled to discuss current
  events or widely debated and currently controversial issues of
  public policy or social affairs;
               (2)  a teacher who chooses to discuss topics described
  by Subdivision (1) shall, to the best of the teacher's ability,
  strive to explore those topics from diverse and contending
  perspectives without giving deference to any one perspective;
               (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)  work for, affiliation with, or service
  learning in association with any organization engaged in: 
                           (i)  lobbying for legislation at the
  federal, state, or local level; or
                           (ii)  social or public policy advocacy;
                     (B)  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
                     (C)  participation in any 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; and
                     (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 or sex;
                           (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 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; or
                           (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.
         (h-4)  A state agency, school district, or open-enrollment
  charter school may not accept private funding for the purpose of
  developing a curriculum, purchasing or selecting curriculum
  materials, or providing teacher training or professional
  development for a course described by Subsection (h-3).
         SECTION 2.  (a)  Except as provided by Subsection (b) of
  this section, this Act applies beginning with the 2021-2022 school
  year.
         (b)  Section 28.002(h-2), Education Code, as added by this
  Act, applies beginning with the 2022-2023 school year.
         SECTION 3.  Not later than December 31, 2022, the State Board
  of Education shall review and revise, as needed, the essential
  knowledge and skills of the social studies curriculum as required
  by Section 28.002(h-2), Education Code, as added by this Act.
         SECTION 4.  This Act takes effect immediately 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 immediate effect, this
  Act takes effect September 1, 2021.
 
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