BILL ANALYSIS

 

 

Senate Research Center

S.J.R. 12

89R769 AMF-F

By: Paxton et al.

 

Education K-16

 

2/24/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In choosing professional educators to facilitate their child's education, parents do not cede their fundamental right to educate their child.

 

The rights below are already enumerated in the Education Code and deserve elevation to the Texas Constitution for the Bill of Rights to recognize a parent's fundamental right to direct their child's education and further protect and guarantee parental rights in education.

 

A parent has the right to direct the education of the parent's child, including the right to:

 

make choices within the public school system or choose an alternative to public education, such as a private, parochial, or home school;

 

access and view public school teaching materials, textbooks, other instructional materials, and library books;

 

attend meetings of a public school's governing body; and

 

access public school student records for the parent's child, including the child's student health records.

 

S.J.R. 12 proposes a constitutional amendment to be decided upon on in the November 2025 ballot. Texas voters may vote for or against the proposition which shall read: "The constitutional amendment establishing a parent's right to direct a child's education."

 

S.J.R. 12 proposes a constitutional amendment establishing a parent's right to direct a child's education.

 

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 Article I, Texas Constitution, by adding Section 37, as follows:

 

Sec. 37.� (a) Defines "parent."

 

(b) Provides that a parent has the right to direct the education of the parent's child, including the right to:

 

(1) make reasonable choices within the public school system;

 

(2) choose an alternative to public education, such as a private school, including a parochial school or home school;

 

(3) access and view public school teaching materials, textbooks and other instructional materials, and library books;

 

(4) attend meetings of the governing body of a public school; and

 

(5) access public school student records for the parent's child, including the child's student health records.

 

(c) Prohibits the rights described by Subsection (b) from being denied or restricted because the parent or the child is an individual with a disability.

 

(d) Authorizes the legislature by general law to provide for processes to ensure that the rights described by Subsection (b) of this section are upheld.

 

SECTION 2. Requires that the proposed constitutional amendment be submitted to the voters at an election to be held November 4, 2025. Sets forth the required language of the ballot.