88R1067 KJE-D
 
  By: Campbell S.B. No. 165
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to parental rights in public education and to audits of
  school district curricula by the Texas Education Agency.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 7.057, Education Code, is amended by
  adding Subsection (a-2) to read as follows:
         (a-2)  A person who is a parent of or person standing in
  parental relation to a child enrolled in a school district and who
  submits an appeal under Subsection (a) may designate the appeal as
  confidential. An appeal designated as confidential under this
  subsection may not be disclosed to the public and is not public
  information under Chapter 552, Government Code.
         SECTION 2.  Section 26.009(a), Education Code, is amended to
  read as follows:
         (a)  An employee of a school district must obtain the written
  consent of a child's parent before the employee may:
               (1)  conduct a psychological examination, test, or
  treatment, unless the examination, test, or treatment is required
  under Section 38.004 or state or federal law regarding requirements
  for special education; [or]
               (2)  conduct a social or psychological experiment
  involving the child that seeks to investigate how a person's
  behavior influences the behavior of a group or the internal states
  of members of a group, such as attitude or self-concept; or
               (3)  make or authorize the making of a videotape of a
  child or record or authorize the recording of a child's voice.
         SECTION 3.  Chapter 26, Education Code, is amended by adding
  Section 26.0092 to read as follows:
         Sec. 26.0092.  CONSENT REQUIRED FOR CERTAIN CONTENT. (a)  A
  school district must obtain the written consent of a child's parent
  before the district may provide to the child instruction involving:
               (1)  visual material that contains violence,
  profanity, illegal substance use, nudity, or sexual content; or
               (2)  written material that contains violence, other
  than violence included as part of a depiction of a historical event,
  or sexual content.
         (b)  This section does not apply to material in a required
  textbook.  Notwithstanding Section 5.002, for purposes of this
  subsection, "textbook" means a book published primarily for the
  instruction of elementary or secondary school students.
         SECTION 4.  Section 26.011, Education Code, is amended by
  adding Subsections (a-1) and (c) to read as follows:
         (a-1)  The grievance procedure adopted under Subsection (a)
  must allow a parent to designate a complaint as confidential. A
  complaint designated as confidential may not be disclosed to the
  public and is not public information under Chapter 552, Government
  Code.
         (c)  On receipt of a complaint by a parent regarding a
  violation of a right guaranteed by this chapter, the board of
  trustees of a school district shall provide to the parent a physical
  copy of the district's grievance procedure adopted under this
  section and the procedure to appeal a decision of the district's
  board of trustees to the commissioner under Section 7.057.
         SECTION 5.  Chapter 26, Education Code, is amended by adding
  Section 26.014 to read as follows:
         Sec. 26.014.  NOTICE TO PARENTS OF VIOLATION. (a)  If the
  board of trustees of a school district or the commissioner
  determines that a violation of a right guaranteed by this chapter
  occurred at the district, the district shall provide written notice
  of the determination to the parent of each student enrolled in the
  district not later than the 30th day after the date on which the
  determination is made.
         (b)  The notice must describe the actions being taken by the
  district to remedy the violation.
         SECTION 6.  Chapter 39, Education Code, is amended by adding
  Subchapter O to read as follows:
  SUBCHAPTER O. CURRICULUM AUDITS
         Sec. 39.501.  CURRICULUM AUDITS REQUIRED. (a)  Each year,
  the agency shall conduct an audit of the curriculum used in school
  districts to ensure compliance with applicable federal and state
  law.
         (b)  The commissioner by rule shall establish the procedures
  for auditing curriculum under Subsection (a) and the schedule by
  which those audits will be conducted at each school district.
         Sec. 39.502.  POSTING OF NONCOMPLIANT CURRICULA. Each year,
  the agency shall post on the agency's Internet website a list,
  disaggregated by school district, of curricula that the agency
  determined were not in compliance with applicable federal and state
  law as a result of the curriculum audit conducted for that year
  under Section 39.501.
         Sec. 39.503.  NOTIFICATION TO PARENTS. (a)  Each school
  district included on the list of noncompliant curricula posted on
  the agency's Internet website under Section 39.502 shall provide
  written notice of the agency's determination to the parent of or
  person standing in parental relation to each student enrolled in
  the district not later than the 30th day after the date on which the
  list is posted on the agency's Internet website.
         (b)  The notice must describe the actions being taken by the
  district to remedy the noncompliance.
         SECTION 7.  Section 26.0092, Education Code, as added by
  this Act, applies beginning with the 2023-2024 school year.
         SECTION 8.  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.