Bill Text: TX HB1155 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to parental rights in public education and prohibiting instruction regarding sexual orientation or gender identity for certain public school students.
Spectrum: Partisan Bill (Republican 38-0)
Status: (Introduced - Dead) 2023-03-02 - Referred to Public Education [HB1155 Detail]
Download: Texas-2023-HB1155-Introduced.html
88R3966 MM-D | ||
By: Patterson | H.B. No. 1155 |
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relating to parental rights in public education and prohibiting | ||
instruction regarding sexual orientation or gender identity for | ||
certain public school students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 26, Education Code, is amended by adding | ||
Section 26.0083 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 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 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; | ||
(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 kindergarten | ||
through eighth 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 limit or alter the | ||
requirements of Section 38.004 of this code or Chapter 261, Family | ||
Code. | ||
(j) Not later than August 1, 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 2. 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 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: | ||
(1) to students enrolled in kindergarten through | ||
eighth grade; or | ||
(2) in a manner that is not age-appropriate or | ||
developmentally appropriate. | ||
SECTION 3. 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; [ |
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(Y) [ |
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under Section 28.02124; and | ||
(Z) parental rights to information regarding a | ||
student's mental, emotional, and physical health and | ||
health-related services offered by the school as provided by | ||
Section 26.0083. | ||
SECTION 4. This Act applies beginning with the 2023-2024 | ||
school year. | ||
SECTION 5. 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 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, 2023. |