Bill Text: TX HB890 | 2023-2024 | 88th Legislature | Comm Sub

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Bill Title: Relating to parental rights and public school responsibilities regarding instructional materials.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Engrossed - Dead) 2023-05-24 - Senate Amendments Analysis distributed [HB890 Detail]

Download: Texas-2023-HB890-Comm_Sub.html

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By: Bell of Kaufman, et al. H.B. No. 890
(Senate Sponsor - Creighton)
(In the Senate - Received from the House April 24, 2023;
May 2, 2023, read first time and referred to Committee on
Education; May 19, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 10, Nays 3;
May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 890 By: Middleton

COMMITTEE VOTE
YeaNayAbsentPNV
CreightonX
CampbellX
BettencourtX
BirdwellX
FloresX
KingX
LaMantiaX
MenéndezX
MiddletonX
ParkerX
PaxtonX
SpringerX
WestX
A BILL TO BE ENTITLED
AN ACT
relating to parental rights and public school responsibilities
regarding instructional materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Education Code, is amended by adding
Section 1.009 to read as follows:
Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
The fundamental rights granted to parents by their Creator and
upheld by the United States Constitution, the Texas Constitution,
and the laws of this state, including the right to direct the moral
and religious training of the parent's child, make decisions
concerning the child's education, and consent to medical,
psychiatric, and psychological treatment of the parent's child
under Section 151.001, Family Code, may not be infringed on by any
public elementary or secondary school or state governmental entity,
including the state or a political subdivision of the state, unless
the infringement is:
(1) necessary to further a compelling state interest,
such as providing life-saving care to a child; and
(2) narrowly tailored using the least restrictive
means to achieve that compelling state interest.
SECTION 2. Section 11.161, Education Code, is amended to
read as follows:
Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. (a) In a civil
suit or administrative proceeding brought under state law or rules
[,] against an independent school district or an officer of an
independent school district acting under color of office, the court
or another person authorized to make decisions regarding the
proceeding may award costs and reasonable attorney's fees if:
(1) the court or other authorized person finds that
the suit or proceeding is frivolous, unreasonable, and without
foundation; and
(2) the suit or proceeding is dismissed or judgment is
for the defendant.
(b) This section does not apply to a civil suit or
administrative proceeding brought under the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.). A
civil suit or administrative proceeding described by this
subsection is governed by the attorney's fees provisions under 20
U.S.C. Section 1415.
SECTION 3. Section 25.036, Education Code, is amended to
read as follows:
Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other
than a high school graduate, who is younger than 21 years of age and
eligible for enrollment on September 1 of any school year may apply
to transfer for in-person instruction annually from the child's
school district of residence to another district in this state for
in-person instruction [if both the receiving district and the
applicant parent or guardian or person having lawful control of the
child jointly approve and timely agree in writing to the transfer].
(b) A transfer application approved [agreement] under this
section shall be filed and preserved as a receiving district record
for audit purposes of the agency.
(c) A school district may deny approval of a transfer under
this section only if:
(1) the district or a school in the district to which a
student seeks to transfer is at full student capacity or has more
requests for transfers than available positions after the district
has filled available positions in accordance with Subsection (e);
(2) at the time a student seeks to transfer, the
student is suspended or expelled by the district in which the
student is enrolled; or
(3) approving the transfer would supersede a
court-ordered desegregation plan.
(d) For the purpose of determining whether a school in a
school district is at full student capacity under Subsection
(c)(1), the district may not consider equity as a factor in the
district's decision-making process.
(e) A school district that has more applicants for transfer
under this section than available positions must fill the available
positions by lottery and must give priority to applicants in the
following order:
(1) students who:
(A) do not reside in the district but were
enrolled in the district in the preceding school year; or
(B) are dependents of an employee of the
receiving district; and
(2) students:
(A) receiving special education services under
Subchapter A, Chapter 29;
(B) who are dependents of military personnel;
(C) who are dependents of law enforcement
personnel;
(D) in foster care;
(E) who are the subject of court-ordered
modification of an order establishing conservatorship or
possession and access; or
(F) who are siblings of a student who is enrolled
in the receiving district at the time the student seeks to transfer.
(f) A student who transfers to another school district under
this section may not be charged tuition. The student is included in
the average daily attendance of the district to which the student
transfers, beginning on the date the student begins attending
classes at that district.
(g) A receiving school district may, but is not required to,
provide transportation to a student who transfers to the receiving
district under this section.
(h) A receiving school district may revoke, at any time
during the school year, the approval of the student's transfer if:
(1) the student:
(A) fails to comply with a condition specified in
the agreement that is:
(i) a circumstance specified in the student
code of conduct under Section 37.001(a)(1);
(ii) a condition specified in the student
code of conduct under Section 37.001(a)(2);
(iii) conduct for which a student is
required or permitted to be removed from class and placed in a
disciplinary alternative education program under Section 37.006;
or
(iv) conduct for which a student is
required or permitted to be expelled from school under Section
37.007; or
(B) fails to maintain a specified school
attendance rate; and
(2) before revoking approval of the student's
transfer, the district ensures the student is afforded appropriate
due process and complies with any requirements of state law or
district policy relating to the expulsion of a student to the same
extent as if the student were being expelled under Section 37.007.
SECTION 4. Section 26.001, Education Code, is amended by
amending Subsections (a), (c), (d), and (e) and adding Subsections
(a-1) and (c-1) to read as follows:
(a) As provided under Section 151.001, Family Code, a parent
has the right to direct the moral and religious training of the
parent's child, make decisions concerning the child's education,
and consent to medical, psychiatric, and psychological treatment of
the child without obstruction or interference from this state, any
political subdivision of this state, a school district or
open-enrollment charter school, or any other governmental entity.
(a-1) Parents are partners with educators, administrators,
and school district boards of trustees in their children's
education. Parents shall be encouraged to actively participate in
creating and implementing educational programs for their children.
(c) Unless otherwise provided by law, a board of trustees,
administrator, educator, or other person shall comply with Section
1.009 and may not limit parental rights or withhold information
from a parent regarding the parent's child.
(c-1) A school district may not be considered to have
withheld information from a parent regarding the parent's child if
the district's actions are in accordance with other law, including
the Family Education Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
(d) Each board of trustees shall:
(1) provide for procedures to consider complaints that
a parent's right has been denied; [.]
(2) develop a plan for parental participation in the
district to improve parent and teacher cooperation, including in
the areas of homework, school attendance, and discipline;
(3) [(e) Each board of trustees shall] cooperate in
the establishment of ongoing operations of at least one
parent-teacher organization at each school in the district to
promote parental involvement in school activities; and
(4) provide to a parent of a child on the child's
enrollment in the district for the first time and to the parent of
each child enrolled in the district at the beginning of each school
year information about parental rights and options, including the
right to withhold consent for or exempt the parent's child from
certain activities and instruction, that addresses the parent's
rights and options concerning:
(A) the child's course of study and supplemental
services;
(B) instructional materials and library
materials;
(C) health education instruction under Section
28.004;
(D) instruction regarding sexual orientation and
gender identity under Section 28.0043;
(E) school options, including virtual and remote
schooling options;
(F) immunizations under Section 38.001;
(G) gifted and talented programs;
(H) promotion, retention, and graduation
policies;
(I) grade, class rank, and attendance
information;
(J) state standards and requirements;
(K) data collection practices;
(L) health care services, including notice and
consent under Section 26.0083(g); and
(M) the local grievance procedure under Section
26.011.
(e) The agency shall develop a form for use by school
districts in providing information about parental rights and
options under Subsection (d)(4). Each school district shall post
the form in a prominent location on the district's Internet
website.
SECTION 5. Chapter 26, Education Code, is amended by adding
Sections 26.0026, 26.0061, and 26.0083 to read as follows:
Sec. 26.0026. RIGHT TO SELECT EDUCATIONAL SETTING. A
parent is entitled to choose the educational setting for the
parent's child, including public school, private school, or home
school.
Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL
REVIEW. (a) The board of trustees of each school district shall
establish a process by which a parent of a student, as indicated on
the student registration form at the student's campus, may request
an instructional material review under Section 31.0236 for a
subject area in the grade level in which the student is enrolled.
(b) A process established under Subsection (a):
(1) may not require more than one parent of a student
to make the request;
(2) must provide for the board of trustees of the
school district to determine if the request will be granted, either
originally or through an appeal process; and
(3) may permit the requesting parent to review the
instructional material directly before the district conducts an
instructional material review under Section 31.0236.
(c) If the parents of at least 25 percent of the students
enrolled at a campus present to the board of trustees of the school
district in which the campus is located a petition for the board to
conduct an instructional material review under Section 31.0236, the
board shall conduct the review, unless, by a majority vote, the
board denies the request.
(d) Notwithstanding Subsection (c), if the parents of at
least 50 percent of the students enrolled at a school district
campus present to the board of trustees of the district a petition
to conduct an instructional material review under Section 31.0236,
the board shall conduct the review.
(e) A review conducted under Subsection (c) or (d) shall
include a review of instructional materials for each subject area
or grade level specified in the petition.
(f) The commissioner may adopt rules to implement this
section.
Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
The agency shall adopt a procedure for school districts to notify
the parent of a student enrolled in the district regarding any
change in services provided to or monitoring of the student related
to the student's mental, emotional, or physical health or
well-being.
(b) A procedure adopted under Subsection (a) must reinforce
the fundamental right of a parent to make decisions regarding the
upbringing and control 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 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;
(2) encourages or has the effect of encouraging a
student to withhold from the student's parent information described
by Subdivision (1)(A); or
(3) prevents a parent from accessing education or
health records concerning the parent's child.
(d) Subsections (a) and (c) do not require the disclosure of
information to a parent if a reasonably prudent person would
believe the disclosure is likely to result in the student suffering
abuse or neglect, as those terms are defined by Section 261.001,
Family Code.
(e) 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.
(f) Any student support services training developed or
provided by a school district to district employees must comply
with any student services guidelines, standards, and frameworks
established by the State Board of Education and the agency.
(g) 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 (e).
(h) Before administering a student well-being questionnaire
or health screening form to a student enrolled in prekindergarten
through 12th grade, a school district must provide a copy of the
questionnaire or form to the student's parent and obtain the
parent's consent to administer the questionnaire or form.
(i) This section may not be construed to:
(1) limit or alter the requirements of Section 38.004
of this code or Chapter 261, Family Code; or
(2) limit a school district employee's ability to
inquire about a student's daily well-being without parental
consent.
(j) Not later than June 30, 2024, 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.
(k) Subsection (j) and this subsection expire September 1,
2025.
SECTION 6. Section 26.004(b), Education Code, is amended to
read as follows:
(b) A parent is entitled to access to all written records of
a school district concerning the parent's child, including:
(1) attendance records;
(2) test scores;
(3) grades;
(4) disciplinary records;
(5) counseling records;
(6) psychological records;
(7) applications for admission;
(8) medical records in accordance with Section
38.0095, including health and immunization information;
(9) teacher and school counselor evaluations;
(10) reports of behavioral patterns; and
(11) records relating to assistance provided for
learning difficulties, including information collected regarding
any intervention strategies used with the child.
SECTION 7. Chapter 26, Education Code, is amended by adding
Section 26.0071 to read as follows:
Sec. 26.0071. COMMUNITY ENGAGEMENT POLICY. Each board of
trustees of a school district shall develop a parental engagement
policy that:
(1) provides for an Internet portal through which
parents of students enrolled in the district may submit comments to
campus or district administrators and the board;
(2) requires the board to prioritize public comments
by presenting those comments at the beginning of each board
meeting; and
(3) requires board meetings to be held outside of
typical work hours.
SECTION 8. Section 26.008, Education Code, is amended to
read as follows:
Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT.
(a) Except as provided by Section 38.004, a [A] parent is entitled
to:
(1) full information regarding the school activities
of a parent's child; and
(2) notification not later than one school business
day after the date a school district employee first suspects that a
criminal offense has been committed against the parent's child
[except as provided by Section 38.004].
(b) An attempt by any school district employee to encourage
or coerce a child to withhold information from the child's parent is
grounds for discipline under Section 21.104, 21.156, or 21.211, as
applicable, or by the State Board for Educator Certification, if
applicable.
SECTION 9. Section 26.009, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
(c), and (d) to read as follows:
(a) An employee of a school district must obtain the written
consent of a child's parent in the manner required by Subsection
(a-2) before the employee may:
(1) conduct a psychological examination, test, or
treatment, unless the examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
for special education; [or]
(2) subject to Subsection (b), make or authorize the
making of a videotape of a child or record or authorize the
recording of a child's voice;
(3) unless authorized by other law:
(A) disclose a child's health or medical
information to any person other than the child's parent; or
(B) collect, use, store, or disclose to any
person other than the child's parent a child's biometric
identifiers; or
(4) subject to Subsection (a-3), provide health care
services or medication or conduct a medical procedure.
(a-1) For purposes of Subsection (a), "biometric
identifier" means a blood sample, hair sample, skin sample, DNA
sample, body scan, retina or iris scan, fingerprint, voiceprint, or
record of hand or face geometry.
(a-2) Written consent for a parent's child to participate in
a district activity described by Subsection (a) must be signed by
the parent and returned to the district. A child may not
participate in the activity unless the district receives the
parent's signed written consent to that activity.
(a-3) For the purpose of obtaining written consent for
actions described by Subsection (a)(4) that are determined by a
school district to be routine care provided by a person who is
authorized by the district to provide physical or mental
health-related services, the district may obtain consent at the
beginning of the school year or at the time of the child's
enrollment in the district. Unless otherwise provided by a child's
parent, written consent obtained in accordance with this subsection
is effective until the end of the school year in which the consent
was obtained.
(c) 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 any actions the district
may take involving the authorized collection, use, or storage of
information as described by Subsection (a)(3). The notice must:
(1) include a plain language explanation for the
district's collection, use, or storage of the child's information
and the district's legal authority to engage in that collection,
use, or storage; and
(2) be signed by the parent and returned to the
district.
(d) A school district shall take disciplinary action
against an employee responsible for allowing a child to participate
in an activity described by Subsection (a)(4) if the district did
not obtain a parent's consent for the child's participation in that
activity.
SECTION 10. Section 26.011, Education Code, is amended to
read as follows:
Sec. 26.011. LOCAL GRIEVANCE PROCEDURE [COMPLAINTS].
(a) The board of trustees of each school district shall adopt a
grievance procedure under which the board shall:
(1) address each grievance [complaint] that the board
receives concerning a violation of a right guaranteed by Section
1.009 or this chapter:
(A) if the grievance is filed not later than six
school weeks after the date on which the parent received notice of
an incident giving rise to the grievance; or
(B) regardless of whether the grievance was filed
during the period prescribed by Paragraph (A) if the grievance was
informally brought to the attention of school district personnel
during that period;
(2) allow a parent at any time before a final decision
by the board to provide additional evidence regarding the parent's
grievance; and
(3) allow a parent to file more than one grievance at
the same time.
(b) The board of trustees of a school district is not
required by Subsection (a) or Section 11.1511(b)(13) to address a
grievance [complaint] that the board receives concerning a
student's participation in an extracurricular activity that does
not involve a violation of a right guaranteed by this chapter. This
subsection does not affect a claim brought by a parent under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) or a successor federal statute addressing special
education services for a child with a disability.
(c) The board of trustees of a school district shall ensure
a grievance procedure adopted under Subsection (a):
(1) authorizes a parent to file a grievance with the
principal of the district campus the parent's child attends or the
person designated by the district to receive grievances for that
campus;
(2) requires that a principal or the person designated
by the district to receive grievances for a campus:
(A) acknowledge receipt of a grievance under
Subdivision (1) not later than two school business days after
receipt of the grievance; and
(B) not later than the 14th school business day
after receipt of a grievance described by Subdivision (1), provide
to the parent who submitted the grievance written documentation of
the decision regarding the issue that gave rise to the grievance,
including:
(i) an explanation of the findings that
contributed to the decision;
(ii) notification regarding the parent's
right to appeal the decision; and
(iii) the timeline for appealing the
decision;
(3) requires that, if a parent appeals a decision
under Subdivision (2) not later than the 14th school business day
after receiving notice of the decision, the superintendent or the
superintendent's designee provide to the parent not later than the
14th school business day after receipt of the appeal written
documentation of the decision regarding the issue that gave rise to
the grievance, including:
(A) an explanation of the findings that
contributed to the decision;
(B) notification regarding the parent's right to
appeal the decision; and
(C) the timeline for appealing the decision;
(4) requires that, if a parent appeals a decision
under Subdivision (3) not later than the 14th school business day
after receiving notice of the decision, the board hear the
grievance in a closed session at the board's next regular meeting
that occurs on or after the 14th school business day after the date
the board receives notice of the appeal; and
(5) requires that, not later than the 10th school
business day after the date of a board meeting described by
Subdivision (4), the board provide to the parent written
documentation of the board's decision regarding the issue that gave
rise to the grievance, including notice that the parent may appeal
to the commissioner in writing under Section 7.057, if applicable.
(d) The parties may mutually agree to adjust the timeline
for the procedure under this section.
(e) Notwithstanding Subsection (d), if a grievance
submitted under this section involves an employee who is on
documented leave that is scheduled to begin or has begun before the
grievance is submitted, the district may alter the timeline for the
procedure under this section to make a reasonable accommodation for
the employee's leave. The district must provide notice of the
change to the parent who submitted the grievance.
SECTION 11. Chapter 26, Education Code, is amended by
adding Sections 26.0111 and 26.0112 to read as follows:
Sec. 26.0111. GRIEVANCE HEARING BEFORE HEARING EXAMINER.
(a) This section applies only to a grievance regarding a violation
of:
(1) Section 28.0022, 28.004, or 28.0043 or Chapter 38
or the implementation of those provisions by a school district; or
(2) Chapter 551, Government Code, involving school
district personnel.
(b) If a parent has exhausted the parent's options under the
local grievance procedure established by the board of trustees of a
school district under Section 26.011 regarding a grievance to which
this section applies, and the grievance is not resolved to a
parent's satisfaction, the parent may file a written request with
the commissioner for a hearing before a hearing examiner under this
section not later than the 30th school business day after the date
on which the board of trustees of the district resolved the parent's
grievance under Section 26.011. The parent must provide the
district with a copy of the request and must provide the
commissioner with a copy of the district's resolution of the
grievance. The parties may agree in writing to extend by not more
than 10 school business days the deadline for requesting a hearing.
(c) The commissioner shall assign a hearing examiner to
review the grievance in the manner provided by Section 21.254. The
hearing examiner has the powers described by Sections 21.255 and
21.256 and shall conduct the hearing in the manner provided by those
sections as if the parent were a teacher.
(d) Not later than the 60th business day after the date on
which the commissioner receives a parent's written request for a
hearing, the hearing examiner shall complete the hearing and make a
written recommendation that includes proposed findings of fact and
conclusions of law. The recommendation of the hearing examiner is
final and may not be appealed.
(e) Sections 21.257(c), (d), and (e) apply to a hearing
under this section in the same manner as a hearing conducted under
Subchapter F, Chapter 21.
(f) Section 21.258 applies to the State Board of Education
in the same manner as if the board were the board of trustees of the
school district or board subcommittee.
(g) Chapter 2001, Government Code, does not apply to the
State Board of Education's actions regarding the recommendation of
the hearing examiner.
(h) The costs of the hearing examiner, the court reporter,
the original hearing transcript, and any hearing room costs, if the
hearing room is not provided by the school district, shall be paid
by the school district if the hearing examiner finds in favor of the
parent.
(i) Notwithstanding Subsection (d), if a parent fails to
appear at a hearing under this section, the hearing examiner is not
required to complete the hearing and may not make a recommendation
in favor of the parent.
Sec. 26.0112. TESTIMONY BEFORE STATE BOARD OF EDUCATION.
If a hearing examiner reviews and finds against a school district
under Section 26.0111 in at least five grievances to which that
section applies involving the district during a school year, the
superintendent of the school district must appear before the State
Board of Education to testify regarding the hearing examiner's
findings and the frequency of grievances against the district.
SECTION 12. Section 28.002, Education Code, is amended by
adding Subsection (c-4) to read as follows:
(c-4) The State Board of Education may not adopt standards
in violation of Section 28.0043.
SECTION 13. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0043 to read as follows:
Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
ORIENTATION AND GENDER IDENTITY. (a) A school district,
open-enrollment charter school, or district or charter school
employee may not provide or allow a third party to provide
instruction, guidance, activities, or programming regarding sexual
orientation or gender identity to students enrolled in
prekindergarten through 12th grade.
(b) This section may not be construed to limit:
(1) a student's ability to engage in speech or
expressive conduct protected by the First Amendment to the United
States Constitution or by Section 8, Article I, Texas Constitution,
that does not result in material disruption to school activities;
or
(2) the ability of a person who is authorized by the
district to provide physical or mental health-related services to
provide the services to a student, subject to any required parental
consent.
SECTION 14. Section 28.02124, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1) and (a-2) to
read as follows:
(a) Subject to Subsection (c), a parent or guardian may
elect for a student to:
(1) repeat prekindergarten;
(2) enroll in prekindergarten, if the student would
have been eligible to enroll in prekindergarten during the previous
school year under Section 29.153(b) and the student has not yet
enrolled in kindergarten;
(3) repeat kindergarten;
(4) enroll in kindergarten, if the student would have
been eligible to enroll in kindergarten in the previous school year
and has not yet enrolled in first grade; or
(5) for grades one through eight [three], repeat the
grade in which the student was enrolled during the previous school
year.
(a-1) Subject to Subsection (c), for courses taken for high
school credit, a parent or guardian may elect for a student to
repeat any course in which the student was enrolled during the
previous school year. A parent or guardian may not elect for a
student to repeat a course under this subsection if the school
district or open-enrollment charter school determines the student
has met all of the requirements for graduation.
(a-2) A parent or guardian may make an election under
Subsection (a)(5) or (a-1), or both.
SECTION 15. The heading to Section 28.022, Education Code,
is amended to read as follows:
Sec. 28.022. NOTICE TO PARENT OF UNSATISFACTORY
PERFORMANCE; CONFERENCES.
SECTION 16. Section 28.022(a), Education Code, is amended
to read as follows:
(a) The board of trustees of each school district shall
adopt a policy that:
(1) provides for at least two opportunities for
in-person conferences during each school year [a conference]
between each parent of a child enrolled in the district and the
child's [parents and] teachers;
(2) requires the district, at least once every 12
weeks, to give written notice to a parent of a student's performance
in each class or subject; and
(3) requires the district, at least once every three
weeks, or during the fourth week of each nine-week grading period,
to give written notice to a parent or legal guardian of a student's
performance in a subject included in the foundation curriculum
under Section 28.002(a)(1) if the student's performance in the
subject is consistently unsatisfactory, as determined by the
district.
SECTION 17. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0236 to read as follows:
Sec. 31.0236. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
MATERIAL. (a) The agency shall adopt rules developing a process by
which a school district may conduct a review of instructional
materials used by a classroom teacher in a foundation curriculum
course under Section 28.002(a)(1) to determine the degree to which
the material:
(1) complies with the instructional materials adopted
by the school district; and
(2) is appropriately rigorous for the grade level in
which it is being used.
(b) A review conducted under this section may only be
conducted using a rubric developed by the agency and approved by the
State Board of Education.
(c) The agency, in developing a review process under
Subsection (a):
(1) shall minimize, to the extent possible, the time a
classroom teacher is required to spend complying with a review
conducted under this section;
(2) may not require a teacher to spend more than 30
minutes on a single review conducted under this section unless the
teacher determines that spending more than 30 minutes on the review
is necessary; and
(3) shall permit a regional education service center
to conduct the review for a school district, if the center has
completed the training offered by the agency under Subsection (d).
(d) The agency shall provide to regional education service
centers training relating to appropriately conducting a review
under this section.
SECTION 18. Section 12.104(b), Education Code, as amended
by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974
(S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature,
Regular Session, 2021, is reenacted and 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
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
37.207, and 37.2071;
(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) [(X)] parental options to retain a student
under Section 28.02124;
(Z) parental access to instructional materials
and curricula under Section 26.0061;
(AA) the adoption of a community engagement
policy as provided by Section 26.0071; and
(BB) parental rights to information regarding a
student's mental, emotional, and physical health-related needs and
related services offered by the school as provided by Section
26.0083.
SECTION 19. Section 28.004(i-3), Education Code, is
repealed.
SECTION 20. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 21. 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, 2023.
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