| By: Toth | H.B. No. 631 | |
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| relating to parental rights in education. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 26, Education Code, is amended by adding | ||
| Section 26.016 to read as follows: | ||
| Sec. 26.016. PARENTAL RIGHTS AND REMEDIES | ||
| (a) The Texas Education Agency shall adopt procedures for | ||
| notifying a student's parent if there is a change in the student's | ||
| services or monitoring related to the student's mental, emotional, | ||
| or physical health or well-being and the school's ability to | ||
| provide a safe and supportive learning environment for the student. | ||
| The procedures must reinforce the fundamental right of parents to | ||
| make decisions regarding the upbringing and control of their | ||
| children by requiring school district personnel to encourage a | ||
| student to discuss issues relating to his or her well-being with his | ||
| or her parent or to facilitate discussion of the issue with the | ||
| parent. The procedures may not prohibit parents from accessing any | ||
| of their student's education and health records created, | ||
| maintained, or used by the school district. | ||
| (b) At the beginning of the school year, each school | ||
| district shall notify parents of each healthcare service offered at | ||
| their student's school and the option to withhold consent or | ||
| decline any specific service. Parental consent to a health care | ||
| service does not waive the parent's right to access his or her | ||
| student's educational or health records or to be notified about a | ||
| change in his or her student's services or monitoring as provided by | ||
| this section. | ||
| (c) Before administering a student well-being questionnaire | ||
| or health screening form to a student in kindergarten through grade | ||
| 5, the school district must provide the questionnaire or health | ||
| screening form to the parent and obtain the permission of the | ||
| parent. | ||
| (d) Each school district shall adopt procedures for a parent | ||
| to notify the principal, or his or her designee, regarding concerns | ||
| under this section at his or her student's school and the process | ||
| for resolving those concerns within 7 calendar days after | ||
| notification by the parent. | ||
| (1) At a minimum, the procedures must require that | ||
| within 30 days after notification by the parent that the concern | ||
| remains unresolved, the school district must either resolve the | ||
| concern or provide a statement of the reasons for not resolving the | ||
| concern. | ||
| (2) If a concern is not resolved by the school | ||
| district, a parent may: | ||
| (A) Request the Commissioner of Education to | ||
| appoint a special magistrate who is a member of the State Bar of | ||
| Texas in good standing and who has at least 5 years' experience in | ||
| administrative law. The special magistrate shall determine facts | ||
| relating to the dispute over the school district procedure or | ||
| practice, consider information provided by the school district, and | ||
| render a recommended decision for resolution to the State Board of | ||
| Education within 30 days after receipt of the request by the parent. | ||
| The State Board of Education must approve or reject the recommended | ||
| decision at its next regularly scheduled meeting that is more than 7 | ||
| calendar days and no more than 30 days after the date the | ||
| recommended decision is transmitted. The costs of the special | ||
| magistrate shall be borne by the school district. The State Board | ||
| of Education shall adopt rules, including forms, necessary to | ||
| implement this subsection. | ||
| (B) Bring an action against the school district | ||
| to obtain a declaratory judgment that the school district procedure | ||
| or practice violates this section and seek injunctive relief. A | ||
| court may award damages and shall award reasonable attorney fees | ||
| and court costs to a parent who receives declaratory or injunctive | ||
| relief. | ||
| (3) Each school district shall adopt policies to | ||
| notify parents of the procedures required under this subsection. | ||
| SECTION 2. By June 30, 2024, the Texas Education Agency | ||
| shall review and update, as necessary, school counseling frameworks | ||
| and standards; educator practices and professional conduct | ||
| principles; and any other student services personnel guidelines, | ||
| standards, or frameworks in accordance with the requirements of | ||
| this act. | ||
| SECTION 3. Section 28.004, Education Code, is amended by | ||
| amending subsection (i-3) and adding subsection (i-4) to read as | ||
| follows: | ||
| (i-3) A school district may not adopt procedures or student | ||
| support forms that prohibit school district personnel from | ||
| notifying a parent about his or her student's mental, emotional, or | ||
| physical health or well-being, or a change in related services or | ||
| monitoring, or that encourage or have the effect of encouraging a | ||
| student to withhold from a parent such information. School | ||
| district personnel may not discourage or prohibit parental | ||
| notification of and involvement in critical decisions affecting a | ||
| student's mental, emotional, or physical health or well-being. | ||
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| (i-4) Classroom instruction by school personnel or third | ||
| parties on sexual orientation or gender identity may not occur in | ||
| kindergarten through grade 5 or in a manner that is not age | ||
| appropriate or developmentally appropriate for students in | ||
| accordance with state standards. | ||
| 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, 2023. | ||