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A BILL TO BE ENTITLED
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AN ACT
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relating to parental access to a public school's library catalog |
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and consent for student access to certain public school library |
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materials. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 33, Education Code, is |
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amended by adding Section 33.026 to read as follows: |
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Sec. 33.026. PARENTAL ACCESS TO LIBRARY CATALOG AND CONSENT |
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FOR STUDENT ACCESS TO CERTAIN LIBRARY MATERIALS. (a) In this |
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section, "library material" means any book, record, file, or other |
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instrument or document listed in a school district's library |
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catalog. |
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(b) A school district shall adopt procedures for: |
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(1) providing parental access to the catalog of |
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available library materials at each school library in the district; |
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and |
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(2) a parent to provide to the district a list of |
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library materials that the parent's student may not be allowed to |
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check out or otherwise access for use outside of the school library. |
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(c) In adopting procedures under Subsection (b), a school |
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district shall allow for a parent to provide a list of library |
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materials, as described by that subsection, through: |
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(1) an electronic or physical form; or |
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(2) use of the school's online library catalog. |
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(d) A school district may not allow a student to check out or |
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otherwise use outside the school library a library material the |
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student's parent has included in a list submitted under Subsection |
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(c). |
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SECTION 2. Section 12.104(b), Education Code, as amended by |
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Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. |
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2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular |
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Session, 2021, is reenacted and amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) the provisions in Chapter 554, Government Code; |
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and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29, except class size limits for prekindergarten |
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classes imposed under Section 25.112, which do not apply; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) the provisions of Subchapter A, Chapter 39; |
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(M) public school accountability and special |
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investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
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39, and Chapter 39A; |
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(N) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(O) intensive programs of instruction under |
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Section 28.0213; |
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(P) the right of a school employee to report a |
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crime, as provided by Section 37.148; |
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(Q) bullying prevention policies and procedures |
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under Section 37.0832; |
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(R) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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(S) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; |
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(T) a parent's right to information regarding the |
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provision of assistance for learning difficulties to the parent's |
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child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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(U) establishment of residency under Section |
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25.001; |
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(V) school safety requirements under Sections |
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37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, |
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37.207, and 37.2071; |
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(W) the early childhood literacy and mathematics |
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proficiency plans under Section 11.185; |
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(X) the college, career, and military readiness |
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plans under Section 11.186; [and] |
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(Y) [(X)] parental options to retain a student |
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under Section 28.02124; and |
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(Z) requirements related to parental access to |
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the library catalog and consent for student use of school library |
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materials under Section 33.026. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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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, 2023. |