BILL ANALYSIS

Senate Research Center	S.B. 762
89R842 PRL-F	By: Campbell
	Education K-16
	3/28/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 762 addresses concerns over political or ideological displays in public school classrooms. In recent years, disputes over symbols such as Pride flags, Black Lives Matter banners, Blue Lives Matter flags, and Confederate flags have led to administrative bans, protests, and lawsuits. For example, at a high school in north Texas, administrators removed rainbow "safe space" stickers and Pride flags, prompting a student walkout. Similar incidents across the state illustrate the divisiveness and disruption that competing political symbols can generate in school settings.

Texas law already emphasizes patriotism in schools by requiring daily recitations of the U.S. and

Texas Pledges of Allegiance and prominently displaying both flags (Section 25.082, Education Code). However, courts have ruled that schools may regulate speech that causes substantial disruption (Tinker v. Des Moines, 1969). In Melton v. Young (6th Cir. 1972), a federal court upheld a ban on Confederate flag clothing, citing its potential to incite racial discord. These rulings affirm that while students have free speech rights, schools have the authority to limit displays that interfere with education.

Displaying political symbols in classrooms amounts to implicit school endorsement, potentially making some students feel alienated or pressured. Teachers' classroom decorations and flags displayed on school grounds carry the school's imprimatur, which should remain politically neutral. A Black Lives Matter poster, a Blue Lives Matter flag, or a Confederate flag might be intended as supportive speech by some but could be perceived as divisive by others. Without clear guidance, some schools allow partisan messaging that distracts from curriculum and stirs division, while others face backlash over removing such items.

S.B. 762 ensures schools prioritize education and shared civic values by establishing a uniform standard that prevents political symbol conflicts, maintaining a neutral learning environment.

Legislative Intent:

S.B. 762 maintains neutral public school environments by proactively limiting permanent flag displays to unifying symbols like the U.S. and Texas flags, preventing partisan influence while allowing educational and historical flags, and aligning with schools' legal authority to regulate disruptive speech.

As proposed, S.B. 762 amends current law relating to the display of flags in public schools.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.� Amends Chapter 1, Education Code, by adding Section 1.0031, as follows:

Sec. 1.0031.� DISPLAY OF FLAGS.� (a) Defines "display."

(b) Prohibits a public elementary or secondary school from displaying or permitting an employee, agent, volunteer, or student to display on school property any flag other than certain flags.

(c) Authorizes a parent or guardian of a child who is enrolled, or eligible to enroll, in a school that violates Subsection (b) and fails to provide notice of the remedy implemented by the school within the period prescribed by Subsection (e), notwithstanding any other law, to bring an action against the school to obtain an injunction to comply with this section.

(d) Requires a parent or guardian, before bringing an action under Subsection (c), to provide written notice of the alleged violation that is the basis for the action to the school and allow the school 10 business days from receipt of the notice to remedy the violation.

(e) Requires the school, not later than the 10th business day after receiving a written notice under Subsection (d), to provide in writing to the parent or guardian notice of the remedy the school implemented.

SECTION 2. Severability clause.

SECTION 3. Effective date: January 1, 2026.