By: Toth H.B. No. 4561

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting excused absences and school district support for student political protests, advocacy, or attempts to influence governmental policymaking during the school day, and establishing educator standards and disciplinary measures to ensure political neutrality in Texas public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The legislature finds that:

(1) true civic education is not political action itself but rather preparation for, and prerequisite to, mature political life;

(2) respect for the liberties of students and teachers, the views of a politically diverse citizenry, and the tradition of institutional political neutrality that flows from these, means that political activism has no place in formal education; and

(3) granting excused absences for political student walk-outs or lobbying invites political favoritism from school districts and places inappropriate political pressures on non-participating students, neither of which have a place in the public education system of Texas.

SECTION 2. Chapter 25 of the Texas Education Code is amended by adding Section 25.0871 to read as follows:

SECTION 25.0871. PROHIBITION ON EXCUSED ABSENCES AND SUPPORT FOR POLITICAL ACTIVITIES.

Sec. 25.0871. DEFINITIONS. In this section:

(1) "School" means a public school serving students in kindergarten through grade 12

(a) A school district shall not grant excused absences to a student for the purpose of engaging in:

(1) political protest;

(2) social or public policy advocacy; or

(3) attempts to influence legislation or other governmental policymaking at the local, state, or federal level.

(b) Academic standards, teaching standards, education standards, curriculum, teacher professional development, and regulations adopted by the Texas Education Agency or a school district shall not promote or permit student walk-outs for the purposes described in Section 2(a).

(c) An absence for a purpose described in Section 2(a) shall be treated as an unexcused absence and shall not be subject to disciplinary measures different from those applied to other unexcused absences.

SECTION 3. Title 19, Part 7, Chapter 247, Rule 247.2 of the Texas Administrative Code (Code of Ethics and Standard Practices for Texas Educators) is amended by adding Subsections (J) and (K) to read as follows:

(J)(3.10) The educator shall not, during working hours, promote, organize, facilitate, or direct out-of-school student political protest, student social or public policy advocacy, or student attempts to influence legislation or other governmental policymaking at the local, state, or federal level.

(K)(3.11) The educator shall not give permission for, or issue excused absences for, student absences from school for purposes of political protest, social or public policy advocacy, or attempts to influence legislation or other governmental policymaking at the local, state, or federal level.

SECTION 4. DISCIPLINARY MEASURES FOR EDUCATORS. Chapter 21 of the Texas Education Code is amended by adding Section 21.0582 to read as follows:

(a) An educator who violates Subsections (J) or (K) as added by Section 3 of this Act, on a first occasion shall receive an inscribed reprimand on the educator's official certification record. Any reprimand pursuant to Subsections (J) or (K) shall be reported to the Texas Education Agency.

(b) An educator who violates Subsections (J) or (K) as added by Section 3 of this Act, on a second occasion shall have their certification suspended for a period of not less than one year. Any reprimand pursuant to Subsections (J) or (K) shall be reported to the Texas Education Agency.

(c) An educator who violates Subsections (J) or (K) as added by Section 3 of this Act, on a third occasion shall have their certification canceled, without opportunity for reapplication.

SECTION 5. SCHOOL DISTRICT ACCOUNTABILITY. Chapter 39A.002 of the Texas Education Code is amended by adding Subsections 11, 12, 13, and 14 to read as follows:

(11) A school district that organizes, directs, permits, facilitates, or issues excused absences for out-of-school student activities described in Section 2(a) of this Act shall be subject to a reduction in state funding equal to 5 percent of its annual Foundation School Program allocation for two violations occurring in a 365-day period, as determined by the Texas Education Agency.

(12) A school district that organizes, directs, permits, facilitates, or issues excused absences for out-of-school student activities described in Section 2(a) of this Act shall be subject to a reduction in state funding equal to 10 percent of its annual Foundation School Program allocation for three violations occurring in a 365-day period, as determined by the Texas Education Agency.

(13) A school district superintendent who fails to report conduct pursuant to Section 6(m) of this Act shall subject their district to a reduction in state funding equal to 2.5 percent of its annual Foundation School Program allocation for any violation occurring in a 365-day period, as determined by the Texas Education Agency.

(14) The Texas Education Agency shall adopt rules to implement and enforce this section.

SECTION 6. PROVISION OF INFORMATION TO TEXAS EDUCATION AGENCY AND GENERAL PUBLIC. Chapter 21, Section 21.006 of the Texas Education Code is amended by adding Subsections (l),(m),(n)and (o) to read as follows:

(l) A school district employee who becomes aware of conduct taking place that is prohibited by Section 2(a) of this Act is obligated to report that conduct to the superintendent of the school district where the violation or alleged violation occurred and the Texas Education Agency within 48 hours of becoming aware.

(m) A school district superintendent who receives a report pursuant to Section 6(l) of this Act is obligated to transmit that report to the Texas Education Agency within 48 hours of receiving it. A school district superintendent who becomes aware of conduct taking place that is prohibited by Section 2(a) of this Act is obligated to report that conduct to the Texas Education Agency within 48 hours of becoming aware.

(n) The Texas Education Agency shall make reports of alleged violations available on a publicly available Internet website within 10 days of receiving a report of a violation or alleged violation of Section 2(a) of this Act.

(o) The Texas Education Agency shall adopt rules to implement and enforce this section.

SECTION 7. This Act applies beginning with the 2025-2026 school year.

SECTION 8. 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.