Bill Text: TX SB3 | 2021 | 87th Legislature 2nd Special Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to civics training programs for certain public school social studies teachers and principals, parental access to certain learning management systems, and certain curriculum in public schools, including certain instructional requirements and prohibitions.
Spectrum: Partisan Bill (Republican 24-0)
Status: (Passed) 2021-09-17 - Effective on . . . . . . . . . . . . . . . December 2, 2021 [SB3 Detail]
Download: Texas-2021-SB3-Comm_Sub.html
Bill Title: Relating to civics training programs for certain public school social studies teachers and principals, parental access to certain learning management systems, and certain curriculum in public schools, including certain instructional requirements and prohibitions.
Spectrum: Partisan Bill (Republican 24-0)
Status: (Passed) 2021-09-17 - Effective on . . . . . . . . . . . . . . . December 2, 2021 [SB3 Detail]
Download: Texas-2021-SB3-Comm_Sub.html
By: Hughes | S.B. No. 3 | |
(In the Senate - Filed August 9, 2021; August 9, 2021, read | ||
first time and referred to Committee on State Affairs; | ||
August 10, 2021, reported favorably by the following vote: Yeas 6, | ||
Nays 3; August 10, 2021, sent to printer.) | ||
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relating to civics training programs for certain public school | ||
social studies teachers and principals, parental access to certain | ||
learning management systems, and certain curriculum in public | ||
schools, including certain instructional requirements and | ||
prohibitions. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter J, Chapter 21, Education Code, is | ||
amended by adding Section 21.4555 to read as follows: | ||
Sec. 21.4555. CIVICS TRAINING PROGRAM. (a) To facilitate | ||
the teaching of curriculum consistent with Sections 28.002(h-2) and | ||
28.0022, the commissioner shall develop and make available civics | ||
training programs for teachers and administrators. | ||
(b) A civics training program developed under this section | ||
must include training in: | ||
(1) the essential knowledge and skills for the social | ||
studies curriculum related to civic knowledge adopted under Section | ||
28.002(h-2); | ||
(2) guided classroom discussion of current events, as | ||
appropriate for the grade level and consistent with the | ||
restrictions under Section 28.0022; | ||
(3) classroom simulations and models of governmental | ||
and democratic processes consistent with the requirements and | ||
restrictions of Sections 28.002(h-2) and 28.0022; | ||
(4) media literacy, including instruction on | ||
verifying information and sources, identifying and responding to | ||
logical fallacies, and identifying propaganda, as appropriate for | ||
the grade level and consistent with the restrictions under Section | ||
28.0022; and | ||
(5) strategies for incorporating civics instruction | ||
into subject areas other than social studies. | ||
(c) The commissioner by rule shall establish the grade | ||
levels at which a teacher provides instruction to be eligible to | ||
participate in a civics training program. In making the | ||
determination, the commissioner shall include grade levels for | ||
which the State Board of Education makes significant revisions to | ||
the essential knowledge and skills for the social studies | ||
curriculum under Section 28.002(h-2). | ||
(d) Each civics training program developed under Subsection | ||
(a) must be reviewed and approved by the State Board of Education. | ||
The board shall annually review each program. | ||
(e) Each school district and open-enrollment charter school | ||
shall ensure that each district or school campus that offers a grade | ||
level described by Subsection (c) has at least one teacher and one | ||
principal or campus instructional leader who has attended a civics | ||
training program. The agency shall provide assistance to school | ||
districts and open-enrollment charter schools in complying with the | ||
requirements of this subsection. | ||
(f) From funds available for that purpose, a teacher who | ||
attends a civics training program may receive a stipend in an amount | ||
determined by the commissioner. A stipend received under this | ||
section is not included in determining whether a district is paying | ||
the teacher the minimum monthly salary under Section 21.402. | ||
(g) The commissioner may delay implementation of Subsection | ||
(e) to a school year not later than the 2025-2026 school year if the | ||
revision of the essential knowledge and skills for the social | ||
studies curriculum under Section 28.002(h-2) or the availability of | ||
civics training programs does not occur in a manner that reasonably | ||
affords public schools the ability to comply with that subsection | ||
by an earlier school year. This subsection expires September 1, | ||
2026. | ||
(h) Nothing in this section may be construed as limiting the | ||
teaching of or instruction in the essential knowledge and skills | ||
adopted under Subchapter A, Chapter 28. | ||
SECTION 2. Section 26.006, Education Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) Each school district and open-enrollment charter school | ||
that uses a learning management system or any online learning | ||
portal to assign, distribute, present, or make available | ||
instructional materials as defined by Section 31.002 to students | ||
shall provide login credentials to the system or portal to each | ||
student's parent. | ||
SECTION 3. Section 28.002, Education Code, as effective | ||
September 1, 2021, is amended by adding Subsections (h-2), (h-7), | ||
and (h-8) to read as follows: | ||
(h-2) In adopting the essential knowledge and skills for the | ||
social studies curriculum for each grade level from kindergarten | ||
through grade 12, the State Board of Education shall adopt | ||
essential knowledge and skills that develop each student's civic | ||
knowledge, including: | ||
(1) an understanding of: | ||
(A) the fundamental moral, political, | ||
entrepreneurial, and intellectual foundations of the American | ||
experiment in self-government; | ||
(B) the history, qualities, traditions, and | ||
features of civic engagement in the United States; | ||
(C) the structure, function, and processes of | ||
government institutions at the federal, state, and local levels; | ||
and | ||
(D) the founding documents of the United States; | ||
(2) the ability to: | ||
(A) analyze and determine the reliability of | ||
information sources; | ||
(B) formulate and articulate reasoned positions; | ||
(C) understand the manner in which local, state, | ||
and federal government works and operates through the use of | ||
simulations and models of governmental and democratic processes; | ||
(D) actively listen and engage in civil | ||
discourse, including discourse with those with different | ||
viewpoints; and | ||
(E) participate as a citizen in a constitutional | ||
democracy by voting; and | ||
(3) an appreciation of: | ||
(A) the importance and responsibility of | ||
participating in civic life; | ||
(B) a commitment to the United States and its | ||
form of government; and | ||
(C) a commitment to free speech and civil | ||
discourse. | ||
(h-7) The agency shall ensure that each school district or | ||
open-enrollment charter school teaches civics education as part of | ||
the district's social studies curriculum in a manner consistent | ||
with the essential knowledge and skills adopted under Subsection | ||
(h-2). | ||
(h-8) Nothing in Subsection (h-2) or (h-7) may be construed | ||
as limiting the teaching of or instruction in the essential | ||
knowledge and skills adopted under this subchapter. | ||
SECTION 4. Section 28.002(h-2), Education Code, as added by | ||
H.B. 4509, Acts of the 87th Legislature, Regular Session, 2021, is | ||
redesignated as Section 28.002(h-6), Education Code, to read as | ||
follows: | ||
(h-6) [ |
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founding documents of the United States as described by Subsection | ||
(h-1)(4), a school district or open-enrollment charter school shall | ||
use those documents as part of the instructional materials for the | ||
instruction. | ||
SECTION 5. Subchapter A, Chapter 28, Education Code, is | ||
amended by adding Section 28.0022 to read as follows: | ||
Sec. 28.0022. CERTAIN INSTRUCTIONAL REQUIREMENTS AND | ||
PROHIBITIONS. (a) For any course or subject, including an | ||
innovative course, for a grade level from kindergarten through | ||
grade 12: | ||
(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 chooses to discuss a topic described | ||
by Subdivision (1) shall, to the best of the teacher's ability, | ||
strive to explore that topic from diverse and contending | ||
perspectives without giving deference to any one perspective; | ||
(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) work for, affiliation with, or service | ||
learning in association with any organization engaged in: | ||
(i) lobbying for legislation at the | ||
federal, state, or local level; or | ||
(ii) social policy advocacy or public | ||
policy advocacy; | ||
(B) 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 | ||
(C) participation in any internship, practicum, | ||
or similar activity involving social policy advocacy or public | ||
policy advocacy; and | ||
(4) a teacher, administrator, or other employee of a | ||
state agency, school district, or open-enrollment charter school | ||
may not: | ||
(A) require or make part of a course inculcation | ||
in the concept that: | ||
(i) one race or sex is inherently superior | ||
to another race or sex; | ||
(ii) an individual, by virtue of the | ||
individual's race or sex, is inherently racist, sexist, or | ||
oppressive, whether consciously or unconsciously; | ||
(iii) an individual should be discriminated | ||
against or receive adverse treatment solely or partly because of | ||
the individual's race or sex; | ||
(iv) an individual's moral character, | ||
standing, or worth is necessarily determined by the individual's | ||
race or sex; | ||
(v) 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; | ||
(vi) an individual should feel discomfort, | ||
guilt, anguish, or any other form of psychological distress on | ||
account of the individual's race or sex; | ||
(vii) 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; | ||
(viii) the advent of slavery in the | ||
territory that is now the United States constituted the true | ||
founding of the United States; or | ||
(ix) 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; | ||
(B) teach, instruct, or train any administrator, | ||
teacher, or staff member of a state agency, school district, or | ||
open-enrollment charter school to adopt a concept listed under | ||
Paragraph (A); or | ||
(C) require an understanding of the 1619 Project. | ||
(b) Subsection (a)(3) may not be construed to apply to a | ||
student's participation in community charitable projects, such as | ||
building community gardens, volunteering at local food banks, or | ||
other service projects. | ||
(c) 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 related to a concept listed in Subsection (a)(4)(A). | ||
(d) A school district or open-enrollment charter school may | ||
not implement, interpret, or enforce any rule, including a standard | ||
provided by a student code of conduct adopted under Section 37.001, | ||
in a manner that would result in the punishment of a student for | ||
discussing the concepts described by Subsection (a)(4) or have a | ||
chilling effect on student discussions involving those concepts. | ||
(e) Nothing in this section may be construed as limiting the | ||
teaching of or instruction in the essential knowledge and skills | ||
adopted under this subchapter. | ||
SECTION 6. Sections 28.002(h-2), (h-3), (h-4), and (h-5), | ||
as added by H.B. 3979, Acts of the 87th Legislature, Regular | ||
Session, 2021, and effective September 1, 2021, are repealed. | ||
SECTION 7. Section 28.002(h-2), Education Code, as added by | ||
this Act, applies beginning with the 2022-2023 school year. | ||
SECTION 8. Not later than December 31, 2022, the State Board | ||
of Education shall review and revise, as needed, the essential | ||
knowledge and skills of the social studies curriculum as required | ||
by Section 28.002(h-2), Education Code, as added by this Act. | ||
SECTION 9. 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 10. If this Act receives a vote of two-thirds of all | ||
the members elected to each house, as provided by Section 39, | ||
Article III, Texas Constitution, this Act takes effect on the first | ||
day that occurs after August 31, 2021, and is on or after the | ||
earliest date on which this Act may take effect. If this Act does | ||
not receive the vote necessary for effect on that date, this Act | ||
takes effect on the 91st day after the last day of the legislative | ||
session. | ||
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