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A BILL TO BE ENTITLED
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AN ACT
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relating to standards adopted by the Texas Education Agency |
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regarding the use of electronic devices and software applications |
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by public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.1021, Education Code, is amended to |
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read as follows: |
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Sec. 32.1021. STANDARDS. The agency shall adopt standards |
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for permissible electronic devices and software applications used |
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by a school district or open-enrollment charter school. In |
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adopting the standards, the agency must: |
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(1) minimize data collection conducted on students |
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through electronic devices and software applications; |
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(2) ensure direct and informed parental consent is |
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required for a student's use of a software application, other than a |
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software application necessary for the administration of: |
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(A) an assessment instrument under Subchapter B, |
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Chapter 39; or |
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(B) an assessment relating to college, career, or |
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military readiness for which student performance is considered in |
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evaluating a school district's performance under Section 39.054; |
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(3) ensure software applications do not conduct mental |
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health assessments or other assessments unrelated to educational |
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curricula that are intended to collect information about students |
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without direct and informed parental consent; |
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(4) ensure that parents are provided the resources |
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necessary to understand cybersecurity risks and online safety |
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regarding their child's use of electronic devices before the child |
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uses an electronic device at the child's school; |
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(5) specify periods of time during which an electronic |
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device transferred to a student must be deactivated in the interest |
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of student safety; |
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(6) consider necessary adjustments by age level to the |
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use of electronic devices in the classroom to foster development of |
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students' abilities regarding spending school time and completing |
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assignments without the use of an electronic device; |
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(7) consider appropriate restrictions on student |
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access to social media websites or applications with an electronic |
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device transferred to a student by a district or school; |
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(8) provide for exceptions to the standards to allow a |
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student with a disability, in accordance with an individualized |
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education program developed by the student's admission, review, and |
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dismissal committee under Section 29.005 or a plan developed by a |
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team established for the student under Section 504, Rehabilitation |
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Act of 1973 (29 U.S.C. Section 794), to use as a reasonable |
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accommodation or assistive technology electronic devices or |
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software applications that otherwise might not be permissible under |
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the standards; |
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(9) [(8)] require a district or school, before using a |
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social media application for an educational purpose, to determine |
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that an alternative application that is more secure and provides |
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the same educational functionality as the social media application |
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is unavailable for that educational purpose; |
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(10) [(9)] consider the required use of an Internet |
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filter capable of notifying appropriate school administrators, who |
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are then required to notify the student's parent, if a student |
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accesses inappropriate or concerning content or words, including |
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content related to: |
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(A) self-harm; |
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(B) suicide; |
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(C) violence to others; or |
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(D) illicit drugs; |
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(11) [(10)] assign to the appropriate officer of a |
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district or school the duty to receive complaints or concerns |
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regarding student use of electronic devices, including |
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cybersecurity and online safety concerns, from district or school |
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staff, other students, or parents; and |
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(12) [(11)] provide methods by which a district or |
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school may ensure an operator, as that term is defined by Section |
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32.151, that contracts with the district or school to provide |
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software applications complies with Subchapter D. |
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SECTION 2. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |