|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to parental access to a public school's library catalog |
|
and consent for student access to certain public school library |
|
materials. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter B, Chapter 33, Education Code, is |
|
amended by adding Section 33.026 to read as follows: |
|
Sec. 33.026. PARENTAL ACCESS TO LIBRARY CATALOG AND CONSENT |
|
FOR STUDENT ACCESS TO CERTAIN LIBRARY MATERIALS. (a) In this |
|
section, "library material" means any book, record, file, or other |
|
instrument or document listed in a school district's library |
|
catalog. |
|
(b) A school district shall adopt procedures for: |
|
(1) providing parental access to the catalog of |
|
available library materials at each school library in the district; |
|
and |
|
(2) a parent to provide to the district a list of |
|
library materials that the parent's student may not be allowed to |
|
check out or otherwise access for use outside of the school library. |
|
(c) In adopting procedures under Subsection (b), a school |
|
district shall allow for a parent to provide a list of library |
|
materials, as described by that subsection, through: |
|
(1) an electronic or physical form; or |
|
(2) use of the school's online library catalog. |
|
(d) A school district may not allow a student to check out or |
|
otherwise use outside the school library a library material the |
|
student's parent has included in a list submitted under Subsection |
|
(c). |
|
SECTION 2. 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 |
|
offense; |
|
(2) the provisions in Chapter 554, Government Code; |
|
and |
|
(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 |
|
28.0211; |
|
(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 |
|
33.081; |
|
(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 |
|
harassment; |
|
(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 |
|
25.001; |
|
(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) requirements related to parental access to |
|
the library catalog and consent for student use of school library |
|
materials under Section 33.026. |
|
SECTION 3. This Act applies beginning with the 2023-2024 |
|
school year. |
|
SECTION 4. 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 |
|
codes. |
|
SECTION 5. 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. |