88R4761 PRL-D
  By: Hall S.B. No. 393
  relating to parental rights in public education and prohibiting
  instruction regarding sexual orientation or gender identity for
  public school students; authorizing a civil remedy.
         SECTION 1.  The heading to Section 26.011, Education Code,
  is amended to read as follows:
         Sec. 26.011.  COMPLAINTS; CIVIL REMEDY.
         SECTION 2.  Section 26.011, Education Code, is amended by
  adding Subsections (c), (d), and (e) to read as follows:
         (c)  A grievance procedure adopted under this section must
  require that, not later than the 30th day after receipt of a
  complaint described by Subsection (a), the school district:
               (1)  resolve the issue that gave rise to the complaint;
               (2)  provide to the parent who submitted the complaint
  a written explanation of the district's reason for not resolving
  the issue.
         (d)  If a school district does not resolve an issue described
  by Subsection (c)(1), the parent may bring a civil action against
  the district to obtain appropriate injunctive and declaratory
  relief. A court may award damages and shall award reasonable
  attorney's fees and court costs to a prevailing parent. Remedies
  provided by this subsection are not exclusive.
         (e)  The board of trustees of each school district shall
  adopt a policy for notifying parents of students enrolled in the
  district regarding the grievance procedure adopted by the district
  under this section.
         SECTION 3.  Chapter 26, Education Code, is amended by adding
  Sections 26.0083, 26.0084, and 26.016 to read as follows:
  Each school district shall adopt a procedure for notifying the
  parent of a student enrolled in the district regarding any change
               (1)  services provided to or monitoring of the student
  related to the student's mental, emotional, or physical health or
  well-being; or
               (2)  the district's ability to provide a safe and
  supportive learning environment for the student.
         (b)  A procedure adopted under Subsection (a) must reinforce
  the fundamental right of a parent to make decisions regarding the
  upbringing and education of the parent's child by requiring school
  district personnel to:
               (1)  encourage a student to discuss issues relating to
  the student's well-being with the student's parent; or
               (2)  facilitate a discussion described under
  Subdivision (1).
         (c)  A school district may not adopt a procedure or a student
  support form, including a student well-being questionnaire or
  health screening form, that:
               (1)  prohibits a district employee from notifying the
  parent of a student regarding:
                     (A)  information about the student's mental,
  emotional, or physical health or well-being; or
                     (B)  a change in services provided to or
  monitoring of the student related to the student's mental,
  emotional, or physical health or well-being; or
               (2)  encourages or has the effect of encouraging a
  student to withhold from the student's parent information described
  by Subdivision (1)(A).
         (d)  A school district employee may not discourage or
  prohibit parental knowledge of or involvement in critical decisions
  affecting a student's mental, emotional, or physical health or
         (e)  Before the first instructional day of each school year,
  a school district shall provide to the parent of each student
  enrolled in the district written notice of each health-related
  service offered at the district campus the student attends.  The
  notice must include a statement of the parent's right to withhold
  consent for or decline a health-related service.  A parent's
  consent to a health-related service does not waive a requirement of
  Subsection (a), (c), or (d).
         (f)  Before administering a student support form to a
  student, a school district must provide a copy of the form to the
  student's parent and obtain the parent's consent to administer the
         (g)  Not later than June 30, 2024, the agency, the State
  Board of Education, and the State Board for Educator Certification,
  as appropriate, shall review and revise as necessary the following
  to ensure compliance with this section:
               (1)  school counseling frameworks and standards;
               (2)  educator practices and professional conduct
  principles; and
               (3)  any other student services personnel guidelines,
  standards, or frameworks.
         (h)  Subsection (g) and this subsection expire September 1,
  PERCEPTION OF BIOLOGICAL SEX.  A school district employee or
  independent contractor of a district, including a third-party
  instructor, guest speaker, or subcontractor, may not withhold from
  a student's parent information related to the student's perception
  of the student's biological sex if that perception is inconsistent
  with the student's biological sex as determined by the student's sex
  organs, chromosomes, and endogenous hormone profiles.
  STUDENT CLUBS. (a) In this section, "student club" means any
  student organization sponsored or sanctioned by a school district.
         (b)  A school district shall require written parental
  consent as a condition of a student's participation in a student
  club that promotes themes of sexuality, gender, or gender identity.
         (c)  A school district shall seek parental consent under this
  section by providing a written form to a parent that includes the
  foundational documents of the student club described by Subsection
  (b) in which the student wishes to participate, including:
               (1)  the name of the club;
               (2)  the mission statement or purpose of the club; and
               (3)  any additional information determined appropriate
  by the school district.
         SECTION 4.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Section 28.0043 to read as follows:
  open-enrollment charter school, or district or charter school
  employee may not provide or allow a third party to provide
  instruction regarding sexual orientation or gender identity to
  students enrolled in the district or school.
         SECTION 5.  Section 12.104(b), Education Code, as amended by
  Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.
  2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular
  Session, 2021, is reenacted and amended to read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
               (2)  the provisions in Chapter 554, Government Code;
               (3)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  accelerated instruction under Section
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29, except class size limits for prekindergarten
  classes imposed under Section 25.112, which do not apply;
                     (I)  extracurricular activities under Section
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  the provisions of Subchapter A, Chapter 39;
                     (M)  public school accountability and special
  investigations under Subchapters A, B, C, D, F, G, and J, Chapter
  39, and Chapter 39A;
                     (N)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (O)  intensive programs of instruction under
  Section 28.0213;
                     (P)  the right of a school employee to report a
  crime, as provided by Section 37.148;
                     (Q)  bullying prevention policies and procedures
  under Section 37.0832;
                     (R)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
                     (S)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
                     (T)  a parent's right to information regarding the
  provision of assistance for learning difficulties to the parent's
  child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
                     (U)  establishment of residency under Section
                     (V)  school safety requirements under Sections
  37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
  37.207, and 37.2071;
                     (W)  the early childhood literacy and mathematics
  proficiency plans under Section 11.185;
                     (X)  the college, career, and military readiness
  plans under Section 11.186; [and]
                     (Y) [(X)]  parental options to retain a student
  under Section 28.02124; and
                     (Z)  parental rights to:
                           (i)  information regarding a student's
  mental, emotional, and physical health and health-related services
  offered by the school as provided by Section 26.0083;
                           (ii)  information regarding a student's
  perception of the student's biological sex as provided by Section
  26.0084; and
                           (iii)  consent to a student's participation
  in a student club that promotes themes of sexuality, gender, or
  gender identity as provided by Section 26.016.
         SECTION 6.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 7.  To the extent of any conflict, this Act prevails
  over another Act of the 88th Legislature, Regular Session, 2023,
  relating to nonsubstantive additions to and corrections in enacted
         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.