|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to parental rights in public education and prohibiting |
|
instruction regarding sexual orientation or gender identity for |
|
public school students. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Section 26.011, Education Code, |
|
is amended to read as follows: |
|
Sec. 26.011. COMPLAINTS; CIVIL REMEDY. |
|
SECTION 2. Section 26.011, Education Code, is amended by |
|
adding Subsections (c), (d), and (e) to read as follows: |
|
(c) A grievance procedure adopted under this section must |
|
require that, not later than the 30th day after receipt of a |
|
complaint described by Subsection (a), the school district: |
|
(1) resolve the issue that gave rise to the complaint; |
|
or |
|
(2) provide to the parent who submitted the complaint |
|
a written explanation of the district's reason for not resolving |
|
the issue. |
|
(d) If a school district does not resolve an issue described |
|
by Subsection (c)(1), the parent may bring a civil action against |
|
the district to obtain appropriate injunctive and declaratory |
|
relief. A court may award damages and shall award reasonable |
|
attorney's fees and court costs to a prevailing parent. Remedies |
|
provided by this subsection are not exclusive. Governmental |
|
immunity of a school district to suit and from liability is waived |
|
to the extent of liability created by this subsection. |
|
(e) The board of trustees of each school district shall |
|
adopt a policy for notifying parents of students enrolled in the |
|
district regarding the grievance procedure adopted by the district |
|
under this section. |
|
SECTION 3. Chapter 26, Education Code, is amended by adding |
|
Sections 26.0083, 26.0084, and 26.016 to read as follows: |
|
Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL, |
|
EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a) |
|
Each school district shall adopt a procedure for notifying the |
|
parent of a student enrolled in the district regarding any change |
|
in: |
|
(1) services provided to or monitoring of the student |
|
related to the student's mental, emotional, or physical health or |
|
well-being; or |
|
(2) the district's ability to provide a safe and |
|
supportive learning environment for the student. |
|
(b) A procedure adopted under Subsection (a) must reinforce |
|
the fundamental right of a parent to make decisions regarding the |
|
upbringing and education of the parent's child by requiring school |
|
district personnel to: |
|
(1) encourage a student to discuss issues relating to |
|
the student's well-being with the student's parent; or |
|
(2) facilitate a discussion described under |
|
Subdivision (1). |
|
(c) A school district may not adopt a procedure or a student |
|
support form, including a student well-being questionnaire or |
|
health screening form, that: |
|
(1) prohibits a district employee from notifying the |
|
parent of a student regarding: |
|
(A) information about the student's mental, |
|
emotional, or physical health or well-being; or |
|
(B) a change in services provided to or |
|
monitoring of the student related to the student's mental, |
|
emotional, or physical health or well-being; or |
|
(2) encourages or has the effect of encouraging a |
|
student to withhold from the student's parent information described |
|
by Subdivision (1)(A). |
|
(d) A school district employee may not discourage or |
|
prohibit parental knowledge of or involvement in critical decisions |
|
affecting a student's mental, emotional, or physical health or |
|
well-being. |
|
(e) Before the first instructional day of each school year, |
|
a school district shall provide to the parent of each student |
|
enrolled in the district written notice of each health-related |
|
service offered at the district campus the student attends. The |
|
notice must include a statement of the parent's right to withhold |
|
consent for or decline a health-related service. A parent's |
|
consent to a health-related service does not waive a requirement of |
|
Subsection (a), (c), or (d). |
|
(f) Before administering a student support form to a |
|
student, a school district must provide a copy of the form to the |
|
student's parent and obtain the parent's consent to administer the |
|
form. |
|
(g) Not later than June 30, 2026, the agency, the State |
|
Board of Education, and the State Board for Educator Certification, |
|
as appropriate, shall review and revise as necessary the following |
|
to ensure compliance with this section: |
|
(1) school counseling frameworks and standards; |
|
(2) educator practices and professional conduct |
|
principles; and |
|
(3) any other student services personnel guidelines, |
|
standards, or frameworks. |
|
(h) Subsection (g) and this subsection expire September 1, |
|
2027. |
|
Sec. 26.0084. RIGHT TO INFORMATION REGARDING STUDENT'S |
|
PERCEPTION OF BIOLOGICAL SEX. A school district employee or |
|
independent contractor of a district, including a third-party |
|
instructor, guest speaker, or subcontractor, may not withhold from |
|
a student's parent information related to the student's perception |
|
of the student's biological sex if that perception is inconsistent |
|
with the student's biological sex as determined by the student's sex |
|
organs, chromosomes, and endogenous hormone profiles. |
|
Sec. 26.016. CONSENT REQUIRED FOR PARTICIPATION IN CERTAIN |
|
STUDENT CLUBS. (a) In this section, "student club" means any |
|
student organization sponsored or sanctioned by a school district. |
|
(b) A school district shall require written parental |
|
consent as a condition of a student's participation in a student |
|
club that promotes themes of sexuality, gender, or gender identity. |
|
(c) A school district shall seek parental consent under this |
|
section by providing a written form to a parent that includes the |
|
foundational documents of the student club described by Subsection |
|
(b) in which the student wishes to participate, including: |
|
(1) the name of the club; |
|
(2) the mission statement or purpose of the club; and |
|
(3) any additional information determined appropriate |
|
by the school district. |
|
SECTION 4. Subchapter A, Chapter 28, Education Code, is |
|
amended by adding Section 28.0041 to read as follows: |
|
Sec. 28.0041. INSTRUCTION REGARDING SEXUAL ORIENTATION AND |
|
GENDER IDENTITY PROHIBITED. A school district, open-enrollment |
|
charter school, or district or charter school employee may not |
|
provide or allow a third party to provide instruction regarding |
|
sexual orientation or gender identity to students enrolled in the |
|
district or school. |
|
SECTION 5. Section 12.104(b), Education Code, is 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 |
|
37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, |
|
37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and |
|
37.2071 and Subchapter J, Chapter 37; |
|
(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) parental options to retain a student under |
|
Section 28.02124; and |
|
(Z) parental rights to: |
|
(i) information regarding a student's |
|
mental, emotional, and physical health and health-related services |
|
offered by the school as provided by Section 26.0083; |
|
(ii) information regarding a student's |
|
perception of the student's biological sex as provided by Section |
|
26.0084; and |
|
(iii) consent to a student's participation |
|
in a student club that promotes themes of sexuality, gender, or |
|
gender identity as provided by Section 26.016. |
|
SECTION 6. This Act applies beginning with the 2025-2026 |
|
school year. |
|
SECTION 7. 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. |