89R13406 KJE-D
 
  By: Schatzline H.B. No. 4040
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting diversity, equity, and inclusion practices
  at school districts; authorizing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 11, Education Code, is
  amended by adding Section 11.005 to read as follows:
         Sec. 11.005.  PROHIBITION ON DIVERSITY, EQUITY, AND
  INCLUSION PRACTICES.  (a)  In this section, "diversity, equity, and
  inclusion practices" means:
               (1)  influencing hiring or employment practices with
  respect to race, sex, color, or ethnicity except as necessary to
  comply with state or federal antidiscrimination laws;
               (2)  promoting differential treatment of or providing
  special benefits to individuals on the basis of race, color, or
  ethnicity;
               (3)  developing or implementing policies, procedures,
  or training programs that reference race, color, ethnicity, gender
  identity, or sexual orientation except as necessary to comply with
  state or federal law; and
               (4)  compelling, requiring, inducing, or soliciting
  any person to provide a diversity, equity, and inclusion statement
  or giving preferential consideration to any person based on the
  provision of a diversity, equity, and inclusion statement.
         (b)  A school district shall promote a colorblind
  meritocracy to ensure equal service and support for all students,
  regardless of race, ethnicity, religion, or nationality.
         (c)  A school district may not:
               (1)  use state or local money to pay for, or contract
  with a third party for, a department or program that uses diversity,
  equity, and inclusion practices;
               (2)  contract with a vendor to provide training in or
  services or programs for diversity, equity, and inclusion
  practices;
               (3)  promote an event, meeting, or club that favors
  persons of one race over persons of another race;
               (4)  provide professional development training for
  teachers, parents, students, or public stakeholders on diversity,
  equity, and inclusion practices;
               (5)  host a field trip to an event or meeting that
  promotes racially exclusive rhetoric;
               (6)  provide financial support to a student-led
  organization, club, or association that excludes participants
  based on race or ethnicity;
               (7)  give preferential treatment in disciplinary
  practices or procedures to a student based on the student's race or
  ethnicity;
               (8)  create or use a curriculum based on diversity,
  equity, and inclusion practices;
               (9)  discriminate against a person of a certain race
  for actions committed by the person's ancestor;
               (10)  create or promote a scholarship that favors
  students of one race over students of another race; or
               (11)  use restorative justice practices.
         (d)  The board of trustees of a school district may not adopt
  a policy or resolution that supports diversity, equity, and
  inclusion practices.
         (e)  A member of the board of trustees of a school district or
  an employee of the district may not attend, in the person's capacity
  as a member or employee, a conference that promotes or teaches
  diversity, equity, and inclusion practices.
         (f)  If the commissioner determines that a school district
  violated this section:
               (1)  the district may not receive state money for the
  state fiscal year following the state fiscal year in which the
  district violated this section; and
               (2)  the agency shall assess an administrative penalty
  against the district in an amount not to exceed $1,000,000.
         (g)  The attorney general may bring an action for injunctive
  relief against a school district or a member of the board of
  trustees or employee of the district to compel the district,
  member, or employee to comply with this section.
         (h)  The commissioner may adopt rules as necessary to enforce
  this section.
         SECTION 2.  Section 37.0013(a), Education Code, is amended
  to read as follows:
         (a)  Each school district and open-enrollment charter school
  may develop and implement a program, in consultation with campus
  behavior coordinators employed by the district or school and
  representatives of a regional education service center, that
  provides a disciplinary alternative for a student enrolled in a
  grade level below grade three who engages in conduct described by
  Section 37.005(a) and is not subject to Section 37.005(c).  The
  program must:
               (1)  be age-appropriate and research-based;
               (2)  provide models for positive behavior;
               (3)  promote a positive school environment;
               (4)  provide alternative disciplinary courses of
  action that do not rely on the use of in-school suspension,
  out-of-school suspension, or placement in a disciplinary
  alternative education program to manage student behavior; and
               (5)  provide behavior management strategies,
  including:
                     (A)  positive behavioral intervention and
  support;
                     (B)  trauma-informed practices;
                     (C)  social and emotional learning; and
                     (D)  a referral for services, as necessary[; and
                     [(E)  restorative practices].
         SECTION 3.  Section 48.115(b), Education Code, is amended to
  read as follows:
         (b)  Funds allocated under this section must be used to
  improve school safety and security, including costs associated
  with:
               (1)  securing school facilities in accordance with the
  requirements of Section 37.351, including:
                     (A)  improvements to school infrastructure;
                     (B)  the use or installation of perimeter security
  fencing conducive to a public school learning environment or
  physical barriers, which may not include razor wire;
                     (C)  exterior door and window safety and security
  upgrades, including exterior door numbering and locking systems and
  security film that provides resistance to a forced entry; and
                     (D)  the purchase and maintenance of:
                           (i)  security cameras and, if the district
  has already installed security cameras, other security equipment,
  including video surveillance as provided by Section 29.022; and
                           (ii)  technology, including communications
  systems or devices, such as silent panic alert devices, two-way
  radios, or wireless Internet booster equipment, that facilitates
  communication and information sharing between students, school
  personnel, and first responders in an emergency;
               (2)  providing security for the district, including:
                     (A)  employing school district peace officers,
  private security officers, and school marshals; and
                     (B)  collaborating with local law enforcement
  agencies, such as entering into a memorandum of understanding for
  the assignment of school resource officers to schools in the
  district;
               (3)  school safety and security measures, including:
                     (A)  active shooter and emergency response
  training;
                     (B)  prevention and treatment programs relating
  to addressing adverse childhood experiences; and
                     (C)  the prevention, identification, and
  management of emergencies and threats, using evidence-based,
  effective prevention practices and including:
                           (i)  providing licensed counselors, social
  workers, and chaplains[, and individuals trained in restorative
  discipline and restorative justice practices];
                           (ii)  providing mental health personnel and
  support, including chaplains;
                           (iii)  providing behavioral health
  services, including services provided by chaplains;
                           (iv)  establishing threat reporting
  systems; and
                           (v)  developing and implementing programs
  focused on [restorative justice practices,] culturally relevant
  instruction[,] and providing mental health support, including
  support provided by chaplains;
               (4)  providing programs related to suicide prevention,
  intervention, and postvention, including programs provided by
  chaplains; and
               (5)  employing a school safety director and other
  personnel to manage and monitor school safety initiatives and the
  implementation of school safety requirements for the district.
         SECTION 4.  Section 1701.262(c), Occupations Code, is
  amended to read as follows:
         (c)  The curriculum developed under this section must
  incorporate learning objectives regarding:
               (1)  child and adolescent development and psychology;
               (2)  positive behavioral interventions and supports
  and[,] conflict resolution techniques[, and restorative justice
  techniques];
               (3)  de-escalation techniques and techniques for
  limiting the use of force, including the use of physical,
  mechanical, and chemical restraints;
               (4)  the mental and behavioral health needs of children
  with disabilities or special needs; and
               (5)  mental health crisis intervention.
         SECTION 5.  This Act applies beginning with the 2025-2026
  school year.
         SECTION 6.  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, 2025.