Bill Text: TX HB28 | 2021 | 87th Legislature 2nd Special Session | Introduced

Bill Title: Relating to curriculum, materials, and activities in public schools.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Introduced - Dead) 2021-08-24 - Left pending in committee [HB28 Detail]

Download: Texas-2021-HB28-Introduced.html
 
 
  By: Toth H.B. No. 28
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to curriculum, materials, and activities in public
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 26, Education Code, is amended by adding
  Section 26.0061 to read as follows:
         Sec. 26.0061.  REQUIRED DISCLOSURE REGARDING TEACHING
  MATERIALS AND ACTIVITIES. (a) In this section:
               (1)  "Activity" includes a presentation, assembly,
  lecture, or other event facilitated by a school district or
  open-enrollment charter school, other than a student presentation.
               (2)  "Teaching material" includes:
                     (A)  instructional material, as that term is
  defined by Section 31.002;
                     (B)  teaching aids; and
                     (C)  any other material a student is given the
  option to select for the student's instruction.
         (b)  Subject to Subsection (g), not later than the fifth day
  of each month, each school district and open-enrollment charter
  school shall make available to the public on the district's or
  school's Internet website:
               (1)  a list disaggregated by subject area and grade
  level that states all information, including the title, author,
  organization, or Internet website, as applicable, necessary to
  identify a teaching material or activity that was assigned,
  distributed, or otherwise presented to the district's or school's
  students during the preceding month in:
                     (A)  a course for which students receive academic
  credit; or
                     (B)  an educational event that the district or
  school requires students to attend or in which a majority of
  students participate;
               (2)  the district's or school's procedures for
  documenting, reviewing, or approving a material or activity
  described by Subdivision (1); and
               (3)  any changes made in the preceding month to the
  procedures described by Subdivision (2).
         (c)  For purposes of Subsection (b)(1), a school district or
  open-enrollment charter school is not required to list the
  individual components of teaching materials produced as a single
  volume except that for a volume that contains works by multiple
  authors, the district or school shall include in the list under that
  subsection:
               (1)  a table of contents for the volume; or
               (2)  a link to an Internet website that discloses the
  title and author of each work included in the volume.
         (d)  Information posted to a school district's or
  open-enrollment charter school's Internet website under Subsection
  (b) must be maintained on the website for not less than one year.
         (e)  A school district or open-enrollment charter school may
  use collaborative online document or spreadsheet software to
  prepare or post on the district's or school's Internet website the
  information required under Subsection (b).
         (f)  This section does not require a school district or
  open-enrollment charter school to reproduce a material or activity
  described by Subsection (b)(1).
         (g)  This section does not apply to:
               (1)  a school district or open-enrollment charter
  school with a student enrollment of less than 300 students; or
               (2)  a material or activity described by Subsection
  (b)(1) that is selected independently by teachers employed at a
  campus with a student enrollment of less than 50 students for use
  only at that campus.
         SECTION 2.  Sections 28.002(h-3), (h-4), and (h-5),
  Education Code, as effective September 1, 2021, are redesignated as
  Section 28.0022, Education Code, and amended to read as follows:
         Sec. 28.0022.  CERTAIN INSTRUCTIONAL REQUIREMENTS AND
  PROHIBITIONS. (a) [(h-3)] For any [social studies] course for a
  grade level from kindergarten through grade 12 [in the required
  curriculum]:
               (1)  [a teacher may not be compelled to discuss a
  particular current event or widely debated and currently
  controversial issue of public policy or social affairs;
               (2)]  a teacher who discusses a current event or widely
  debated and currently controversial issue of public policy or
  social affairs [chooses to discuss a topic described by Subdivision
  (1)] shall, to the best of the teacher's ability, strive to explore
  the topic from diverse and contending perspectives without giving
  deference to any one perspective;
               (2) [(3)]  a school district, open-enrollment charter
  school, or teacher may not require, make part of a course, or award
  a grade or course credit, including extra credit, for a student's:
                     (A)  political activism, lobbying, or efforts to
  persuade members of the legislative or executive branch at the
  federal, state, or local level to take specific actions by direct
  communication; or
                     (B)  participation in any internship, practicum,
  or similar activity involving social or public policy advocacy;
  [and]
               (3) [(4)]  a teacher, administrator, or other employee
  of a state agency, school district, or open-enrollment charter
  school may not[:
                     (A)  be required to engage in training,
  orientation, or therapy that presents any form of race or sex
  stereotyping or blame on the basis of race or sex;
                     (B)] require or make part of a course [the]
  concepts [concept] that serve to inculcate that:
                     (A) [(i)]  one race or sex is inherently superior
  to another race or sex;
                     (B) [(ii)]  an individual, by virtue of the
  individual's race or sex, is inherently racist, sexist, or
  oppressive, whether consciously or unconsciously;
                     (C) [(iii)]  an individual should be
  discriminated against or receive adverse treatment solely or partly
  because of the individual's race;
                     (D) [(iv)]  members of one race or sex cannot and
  should not attempt to treat others without respect to race [or sex];
                     (E) [(v)]  an individual's moral character,
  standing, or worth is necessarily determined by the individual's
  race [or sex];
                     (F) [(vi)]  an individual, by virtue of the
  individual's race or sex, bears responsibility for actions
  committed in the past by other members of the same race or sex;
                     (G) [(vii)]  an individual should feel
  discomfort, guilt, anguish, or any other form of psychological
  distress on account of the individual's race or sex;
                     (H) [(viii)]  meritocracy or traits such as a hard
  work ethic are racist or sexist or were created by members of a
  particular race to oppress members of another race;
                     (I) [(ix)]  the advent of slavery in the territory
  that is now the United States constituted the true founding of the
  United States; or
                     (J) [(x)]  with respect to their relationship to
  American values, slavery and racism are anything other than
  deviations from, betrayals of, or failures to live up to, the
  authentic founding principles of the United States, which include
  liberty and equality; and
                     [(C) require an understanding of The 1619
  Project.]
               (4)  a teacher, administrator, or other employee of a
  state agency, school district, or open-enrollment charter school
  may not teach, instruct, or train any administrator, teacher, or
  other employee of a state agency, school district or
  open-enrollment charter school any of the concepts described by
  Subsection (a)(3).
         (b) [(h-4)]  A state agency, school district, or
  open-enrollment charter school may not accept private funding for
  the purpose of developing a curriculum, purchasing or selecting
  curriculum materials, or providing teacher training or
  professional development for a course described by Subsection
  (a)(3) [(h-3)(3)].
         (c) [(h-5)]  A school district or open-enrollment charter
  school may not implement, interpret, or enforce any rules or
  student code of conduct in a manner that would result in the
  punishment of a student for discussing, or have a chilling effect on
  student discussion of, the concepts described by Subsection (a)(3)
  [(h-3)(4)].
         SECTION 3.  Section 28.002(h-2), Education Code, as added by
  H.B. 3979, Acts of the 87th Legislature, Regular Session, 2021, as
  effective September 1, 2021, is repealed.
         SECTION 4.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 5.  If any provision of this Act or its application
  to any person or circumstance is held invalid, the invalidity does
  not affect other provisions or applications of this Act that can be
  given effect without the invalid provision or application, and to
  this end the provisions of this Act are declared to be severable.
         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 on the 91st day after the last day of the
  legislative session.

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