Relating to parental rights in public education, to certain public school requirements and prohibitions regarding instruction, diversity, equity, and inclusion duties, and social transitioning, and to student clubs at public schools.

89(R) SB 12 - Enrolled version - Bill Text

S.B. No. 12

AN ACT

relating to parental rights in public education, to certain public

school requirements and prohibitions regarding instruction,

diversity, equity, and inclusion duties, and social transitioning,

and to student clubs at public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 1, Education Code, is amended by adding

Sections 1.007 and 1.009 to read as follows:

Sec.

1.007.

COMPLIANCE WITH MANDATORY POLICY. (a) In this

section, "public elementary or secondary school" means a school

district and a district, campus, program, or school operating under

a charter under Chapter 12.

(b)

A public elementary or secondary school, the school's

governing body, and the school's employees shall implement and

comply with each policy the school is required to adopt under this

code or other law.

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. Subchapter C, Chapter 7, Education Code, is

amended by adding Section 7.0611 to read as follows:

Sec.

7.0611.

FACILITY USAGE REPORT. (a) In this section,

"instructional facility" has the meaning assigned by Section

46.001.

(b)

The agency by rule shall require each school district to

annually report the following information in the form and manner

prescribed by the agency:

(1)

the square footage of each school district

facility and the acreage of land on which each facility sits;

(2)

the total student capacity for each instructional

facility on a district campus;

(3) for each campus in the school district:

(A)

the enrollment capacity of the campus and of

each grade level offered at the campus; and

(B)

the number of students currently enrolled at

the campus and in each grade level offered at the campus;

(4)

whether a school district facility is used by one

or more campuses and the campus identifier of each campus that uses

the facility;

(5)

what each school district facility is used for,

including:

(A) an instructional facility;

(B) a career and technology center;

(C) an administrative building;

(D) a food service facility;

(E) a transportation facility; and

(F) vacant land; and

(6)

whether each school district facility is leased or

owned.

(c)

From the information submitted under Subsection (b),

the agency shall produce and make available to the public on the

agency's Internet website an annual report on school district land

and facilities.

The agency may combine the report required under

this section with any other required report to avoid multiplicity

of reports.

(d)

If the agency determines information provided under

Subsection (b) would create a security risk, such information is

considered confidential for purposes of Chapter 552, Government

Code, and may not be disclosed in the annual report under Subsection

(c).

(e)

The commissioner may adopt rules as necessary to

implement this section.

In adopting rules for determining the

student capacity of a school district or district campus, the

commissioner may consider the staffing, student-teacher ratio, and

facility capacity of the district or campus.

SECTION 3. Subchapter A, Chapter 11, Education Code, is

amended by adding Section 11.005 to read as follows:

Sec.

11.005.

PROHIBITION ON DIVERSITY, EQUITY, AND

INCLUSION DUTIES.

(a)

In this section, "diversity, equity, and

inclusion duties" means:

(1)

influencing hiring or employment practices with

respect to race, sex, color, or ethnicity except as necessary to

comply with state or federal antidiscrimination laws;

(2)

promoting differential treatment of or providing

special benefits to individuals on the basis of race, color, or

ethnicity;

(3)

developing or implementing policies, procedures,

trainings, activities, or programs that reference race, color,

ethnicity, gender identity, or sexual orientation except:

(A)

for the purpose of student recruitment

efforts by colleges and universities designated as historically

black colleges and universities in collaboration with school

districts or open-enrollment charter schools; or

(B)

as necessary to comply with state or federal

law; and

(4)

compelling, requiring, inducing, or soliciting

any person to provide a diversity, equity, and inclusion statement

or giving preferential consideration to any person based on the

provision of a diversity, equity, and inclusion statement.

(b)

Except as required by state or federal law, a school

district:

(1)

may not assign diversity, equity, and inclusion

duties to any person; and

(2)

shall prohibit a district employee, contractor, or

volunteer from engaging in diversity, equity, and inclusion duties

at, for, or on behalf of the district.

(c)

A school district shall adopt a policy and procedure for

the appropriate discipline, including termination, of a district

employee or contractor who intentionally or knowingly engages in or

assigns to another person diversity, equity, and inclusion duties.

The district shall provide a physical and electronic copy of the

policy and procedure to each district employee or contractor.

(d)

The policy and procedure adopted by a school district

under Subsection (c) must ensure that an employee or contractor

receives adequate due process and an opportunity to appeal

disciplinary actions, including termination, in the same manner

provided for other disciplinary actions.

(e) Nothing in this section may be construed to:

(1)

limit or prohibit a school district from

contracting with historically underutilized businesses or

businesses owned by members of a minority group or by women in

accordance with applicable state law;

(2)

limit or prohibit a school district from

acknowledging or teaching the significance of state and federal

holidays or commemorative months and how those holidays or months

fit into the themes of history and the stories of this state and the

United States of America in accordance with the essential knowledge

and skills adopted under Subchapter A, Chapter 28;

(3)

affect a student's rights under the First

Amendment to the United States Constitution or Section 8, Article

I, Texas Constitution;

(4)

limit or prohibit a school district from analyzing

school-based causes and taking steps to eliminate unlawful

discriminatory practices as necessary to address achievement gaps

and differentials described by Section 39.053; or

(5) apply to:

(A)

classroom instruction that is consistent

with the essential knowledge and skills adopted by the State Board

of Education;

(B)

the collection, monitoring, or reporting of

data;

(C)

a policy, practice, procedure, program, or

activity intended to enhance student academic achievement or

postgraduate outcomes that is designed and implemented without

regard to race, sex, color, or ethnicity; or

(D)

a student club that is in compliance with the

requirements of Section 33.0815.

SECTION 4. The heading to Section 11.1518, Education Code,

is amended to read as follows:

Sec. 11.1518. TRUSTEE INFORMATION [
POSTED ON WEBSITE
].

SECTION 5. Section 11.1518, Education Code, is amended by

amending Subsection (c) and adding Subsections (d) and (e) to read

as follows:

(c)
Not later than the 30th day after a new person is sworn

in as a member
[
Each time there is a change in the membership
] of a

school district's board of trustees, the district shall update the

information required under Subsection (a) and, as applicable:

(1) post the updated information on the district's

Internet website; or

(2) submit the updated information to the agency for

posting on the agency's Internet website in accordance with

Subsection (b).

(d)

A school district shall annually submit to the agency

the information required under Subsection (a) for each member of

the district's board of trustees. The information must:

(1) identify the member designated as chair; and

(2) be updated as required by Subsection (c).

(e)

The commissioner may adopt rules as necessary to

implement this section.

SECTION 6. 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.

(c)

This section does not apply to a proceeding regarding a

grievance filed under the grievance procedure established by the

board of trustees of a school district under Section 26.011.

SECTION 7. Chapter 11, Education Code, is amended by adding

Subchapter I to read as follows:

SUBCHAPTER I. ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED

Sec.

11.401.

SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL

TRANSITIONING PROHIBITED. (a) In this subchapter, "social

transitioning" means a person's transition from the person's

biological sex at birth to the opposite biological sex through the

adoption of a different name, different pronouns, or other

expressions of gender that deny or encourage a denial of the

person's biological sex at birth.

(b)

The board of trustees of a school district shall adopt a

policy prohibiting an employee of the district from assisting a

student enrolled in the district with social transitioning,

including by providing any information about social transitioning

or providing guidelines intended to assist a person with social

transitioning.

(c)

A parent of a student enrolled in the district or a

district employee may report to the board of trustees of the

district a suspected violation of the policy adopted under

Subsection (b). The board shall investigate any suspected

violation and determine whether the violation occurred. If the

board determines that a district employee has assisted a student

enrolled at the district with social transitioning, the board shall

immediately report the violation to the commissioner.

Sec.

11.402.

RELIEF. A parent of a student enrolled in a

school district may seek relief for a violation of this subchapter

by filing a grievance through the district's grievance procedure

adopted under Section 26.011.

SECTION 8. Section 12.104(b), Education Code, is 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

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(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) parental options to retain a student under

Section 28.02124
;

(Z)

diversity, equity, and inclusion duties

under Section 11.005;

(AA)

parental access to instructional materials

and curricula under Section 26.0061;

(BB)

the adoption of a parental engagement policy

as provided by Section 26.0071;

(CC)

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; and

(DD)

establishment of a local school health

advisory council with members appointed by the governing body of

the school and health education instruction that complies with

Section 28.004
.

SECTION 9. Section 12A.004(a), Education Code, is amended

to read as follows:

(a) A local innovation plan may not provide for the

exemption of a district designated as a district of innovation from

the following provisions of this title:

(1) a state or federal requirement applicable to an

open-enrollment charter school operating under Subchapter D,

Chapter 12;

(2) Subchapters A, C, D, and E, Chapter 11, except that

a district may be exempt from Sections 11.1511(b)(5) and (14) and

Section 11.162;

(3) state curriculum and graduation requirements

adopted under Chapter 28; [
and
]

(4)
Section 28.004; and

(5)
academic and financial accountability and

sanctions under Chapters 39 and 39A.

SECTION 10. Section 21.057, Education Code, is amended by

adding Subsection (f) to read as follows:

(f)

Except as provided by Subsection (e) and

notwithstanding any other provision of this code, a school district

is not exempt from the requirements of this section.

SECTION 11. 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 Educational 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);

(M)

the grievance procedure under Section

26.011; and

(N)

special education and bilingual education

and special language programs
.

(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 12. Chapter 26, Education Code, is amended by

adding Section 26.0025 to read as follows:

Sec.

26.0025.

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.

SECTION 13. 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
; and

(12)

records relating to library materials checked out

by the child from a school library
.

SECTION 14. Section 26.006, Education Code, is amended by

adding Subsection (g) to read as follows:

(g)

Each school district and open-enrollment charter school

shall post on the home page of the district's or school's Internet

website a notice stating that a parent of a student enrolled in the

district or school is entitled to review the materials described by

Subsection (a)(1) and may request that the district or school make

the materials available for review as provided by this section.

SECTION 15. Chapter 26, Education Code, is amended by

adding Sections 26.0062 and 26.0071 to read as follows:

Sec.

26.0062.

REQUIRED DISCLOSURE REGARDING INSTRUCTIONAL

PLAN. (a) Each school district shall adopt a policy to make

available on the district's Internet website at the beginning of

each semester an instructional plan or course syllabus for each

class offered in the district for that semester.

(b) The policy adopted under Subsection (a) must:

(1)

require each teacher to provide before the

beginning of each semester a copy of the teacher's instructional

plan or course syllabus for each class for which the teacher

provides instruction to:

(A) district administration; and

(B)

the parent of each student enrolled in the

class; and

(2)

provide for additional copies of an instructional

plan or course syllabus to be made available to a parent of a

student enrolled in the class on the parent's request.

Sec.

26.0071.

PARENTAL 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 16. 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 17. 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)

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 in the

manner provided by Section 26.009(a-2).

(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, 2026, 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,

2027.

SECTION 18. Section 26.009, Education Code, is amended to

read as follows:

Sec. 26.009. CONSENT REQUIRED FOR CERTAIN ACTIVITIES.

(a) An employee
or contractor
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
or contractor
may:

(1) conduct a psychological
or psychiatric

examination
or
[
,
] test, or
psychological or psychiatric
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):

(1)

"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.

(2)

"Psychological or psychiatric examination or

test"

means a method designed to elicit information regarding an

attitude, habit, trait, opinion, belief, feeling, or mental

disorder or a condition thought to lead to a mental disorder,

regardless of the manner in which the method is presented or

characterized, including a method that is presented or

characterized as a survey, check-in, or screening or is embedded in

an academic lesson.

(3)

"Psychological or psychiatric treatment"

means

the planned, systematic use of a method or technique that is

designed to affect behavioral, emotional, or attitudinal

characteristics of an individual or group.

(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.

(b) An employee
or contractor
of a school district is not

required to obtain the consent of a child's parent before the

employee
or contractor
may make a videotape of a child or authorize

the recording of a child's voice if the videotape or voice recording

is to be used only for:

(1) purposes of safety, including the maintenance of

order and discipline in common areas of the school or on school

buses;

(2) a purpose related to a cocurricular or

extracurricular activity;

(3) a purpose related to regular classroom

instruction;

(4) media coverage of the school; or

(5) a purpose related to the promotion of student

safety under Section 29.022.

(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.

(e)

A school district shall retain the written informed

consent of a child's parent obtained under this section as part of

the child's education records.

(f) Nothing in this section may be construed to:

(1)

require an employee or contractor of a school

district to obtain the written consent of a child's parent before

verbally asking the child about the child's general well-being; or

(2)

affect the duty to report child abuse or neglect

under Chapter 261, Family Code, or an investigation of a report of

abuse or neglect under that chapter.

SECTION 19. Section 26.011, Education Code, is amended to

read as follows:

Sec. 26.011.
GRIEVANCES
[
COMPLAINTS
]. (a) The board of

trustees of each school district shall adopt a grievance procedure

that complies with Chapter 26A
under which the board shall address

each
grievance
[
complaint
] that the board receives concerning

violation of a right guaranteed by this chapter
, of a board of

trustees policy, or of a provision of this title
.

(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
, of a

board of trustees policy, or of a provision of this title
. 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.

SECTION 20. Subtitle E, Title 2, Education Code, is amended

by adding Chapter 26A to read as follows:

CHAPTER 26A.

GRIEVANCE POLICY

Sec.

26A.001.

GRIEVANCE POLICY. (a)

The board of trustees

of a school district shall adopt a grievance policy to address

grievances received by the district.

(b)

The policy must provide for the following levels of

review, subject to Subsection (c):

(1) review by:

(A)

the principal of the school district campus

at which the grievance is filed or the principal's designee; or

(B)

for a grievance that arises from subject

matter unrelated to a campus, an administrator at the school

district's central office;

(2)

if established by the policy, an appeal to an

administrator at the school district's central office;

(3)

an appeal to the superintendent of the school

district or the superintendent's designee; and

(4)

an appeal to the board of trustees of the school

district.

(c)

A review or appeal on a grievance must be conducted by a

person with the authority to address the grievance unless a

preliminary hearing is necessary to develop a record or a

recommendation for the board of trustees of the school district.

(d)

The board of trustees of a school district may delegate

the authority to hear and decide a grievance to a committee of at

least three members composed only of members of the board of

trustees.

For purposes of an appeal to the commissioner under

Section 7.057, a decision by the committee is a decision of the

board of trustees.

Subsection (e) applies to the committee in the

same manner as that subsection applies to the board of trustees.

(e) The policy must:

(1)

prohibit the board of trustees of the school

district or a district employee from retaliating against a student

or parent of or person standing in parental relation to a student

who files a grievance in accordance with the policy;

(2)

require a person involved in reviewing a grievance

under the policy to recuse himself or herself from reviewing the

grievance if the person is the subject of the grievance;

(3)

provide for a higher level of review under

Subsection (b) if the person who would otherwise review the

grievance is required to recuse himself or herself under

Subdivision (2);

(4)

provide for the creation and retention of a record

of each hearing on the grievance, including:

(A)

documents submitted by the person who filed

the grievance or determined relevant by school district personnel;

and

(B)

a written record of the decision, including

an explanation of the basis for the decision and an indication of

each document that supports the decision;

(5)

allow the person who filed the grievance to

supplement the record with additional documents or add additional

claims;

(6)

allow for a member of the board of trustees of the

school district to file a grievance with the district, but prohibit

the member from voting on matters related to that grievance;

(7)

allow for a remand to a lower level of review under

Subsection (b) to develop a record at any time, including at the

board of trustees level of review;

(8)

require the school district to direct a grievance

that is filed with the incorrect administrator to the appropriate

administrator and consider the grievance filed on the date on which

the grievance was initially filed;

(9)

require the school district to issue a decision on

the merits of the concern raised in the grievance, notwithstanding

procedural errors or the type of relief requested;

(10)

unless otherwise required by law, allow for a

hearing or meeting at which the grievance will be discussed to be

open or closed at the request of the person who filed the grievance;

and

(11)

for a grievance before the board of trustees of

the school district, require that:

(A)

the person who filed the grievance be

provided at least five business days before the date on which the

meeting to discuss the grievance will be held a description of any

information the board of trustees intends to rely on that is not

contained in the record; and

(B)

the meeting at which the grievance is

discussed be recorded by video or audio recording or by transcript

created by a certified court reporter.

(f)

If a grievance is appealed to the commissioner under

Section 7.057, the commissioner may:

(1)

investigate an alleged violation of state or

federal law regarding the confidentiality of student information,

including the Family Educational Rights and Privacy Act of 1974 (20

U.S.C. Section 1232g), relating to the grievance;

(2)

collaborate with relevant federal agencies in an

investigation described by Subdivision (1); and

(3)

take any action necessary to compel the school

district, the board of trustees of the district, or a district

employee to comply with law described by Subdivision (1).

(g)

Each school district shall annually submit to the agency

a report on grievances filed in the district during the preceding

year.

The report must include for each grievance the resolution of

the grievance and any corrective action taken.

(h)

Not later than December 1 of each year, the agency shall

post on the agency's Internet website a report on grievances filed

in school districts during the preceding year.

The report must

aggregate the data statewide and state:

(1) the number of grievances filed;

(2)

the number of grievances resolved and the

resolution of those grievances; and

(3) any corrective actions taken.

(i)

If the commissioner determines that a school district

educator has retaliated against a student or parent of or person

standing in parental relation to a student in violation of

Subsection (e)(1), the commissioner may report the educator to the

State Board for Educator Certification for investigation.

Sec.

26A.002.

TIMELINES FOR FILING AND APPEAL. The policy

adopted under Section 26A.001 must:

(1) provide at least:

(A)

for a grievance filed by a parent of or person

standing in parental relation to a student enrolled in the school

district:

(i)

60 days to file a grievance from the

date on which the parent or person knew or had reason to know of the

facts giving rise to the grievance; or

(ii)

if the parent or person engaged in

informal attempts to resolve the grievance, the later of 90 days to

file a grievance from the date described by Subparagraph (i) or 30

days to file a grievance from the date on which the district

provided information to the parent or person regarding how to file

the grievance; and

(B)

20 days to file an appeal after the date on

which a decision on the grievance was made;

(2)

for a hearing that is not before the board of

trustees of the school district, require:

(A)

the district to hold a hearing not later than

the 10th day after the date on which the grievance or appeal was

filed; and

(B)

a written decision to be made not later than

the 20th day after the date on which the hearing was held that

includes:

(i)

any relief or redress to be provided;

and

(ii)

information regarding filing an

appeal, including the timeline to appeal under this section and

Section 7.057, if applicable; and

(3)

for a hearing before the board of trustees of the

school district, require the board of trustees to:

(A)

hold a meeting to discuss the grievance not

later than the 60th day after the date on which the previous

decision on the grievance was made; and

(B)

make a decision on the grievance not later

than the 30th day after the date on which the meeting is held under

Paragraph (A).

Sec.

26A.003.

POSTING OF PROCEDURES AND FORMS. (a)

The

board of trustees of a school district shall develop, make publicly

available in a prominent location on the district's Internet

website, and include in the district's student handbook:

(1) procedures for resolving grievances;

(2)

standardized forms for filing a grievance, a

notice of appeal, or a request for a hearing under this chapter; and

(3)

the method by which a grievance may be filed

electronically.

(b)

A school district shall ensure that a grievance may be

submitted electronically at the location on the district's Internet

website at which the information described by Subsection (a) is

available.

(c)

A school district shall submit and make accessible to

the agency the location on the district's Internet website at which

the information described by Subsection (a) is available.

Sec.

26A.004.

TESTIMONY BEFORE STATE BOARD OF EDUCATION.

If the commissioner finds against a school district under Section

7.057 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 commissioner's findings and the frequency

of grievances against the district.

SECTION 21. Section 28.002, Education Code, is amended by

adding Subsection (c-6) to read as follows:

(c-6)

The State Board of Education may not adopt standards

in violation of Section 28.0043.

SECTION 22. Section 28.0022, Education Code, is amended by

amending Subsection (f) and adding Subsection (h) to read as

follows:

(f) This section does not create a private cause of action

against a teacher, administrator, or other employee of a school

district or open-enrollment charter school. [
A school district or

open-enrollment charter school may take appropriate action

involving the employment of any teacher, administrator, or other

employee based on the individual's compliance with state and

federal laws and district policies.
]

(h)

A school district or open-enrollment charter school

shall adopt a policy and procedure for the appropriate discipline,

including termination, of a district or school employee or

contractor who intentionally or knowingly engages in or assigns to

another person an act prohibited by this section. The district or

school shall provide a physical and electronic copy of the policy

and procedure to each district or school employee or contractor.

SECTION 23. Section 28.004, Education Code, is amended by

adding Subsection (i-2) to read as follows:

(i-2)

Before a student may be provided with human sexuality

instruction, a school district must obtain the written consent of

the student's parent.

A request for written consent under this

subsection:

(1)

may not be included with any other notification or

request for written consent provided to the parent, other than the

notice provided under Subsection (i); and

(2)

must be provided to the parent not later than the

14th day before the date on which the human sexuality instruction

begins.

SECTION 24. 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:

(1)

limit 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;

(2)

limit 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; or

(3)

prohibit an organization whose membership is

restricted to one sex and whose mission does not advance a political

or social agenda from meeting on a school district or

open-enrollment charter school campus.

SECTION 25. 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 26. 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 27. Subchapter D, Chapter 33, Education Code, is

amended by adding Section 33.0815 to read as follows:

Sec.

33.0815.

CERTAIN REQUIREMENTS FOR STUDENT CLUBS.

(a)

Subject to Subsection (b), a school district or open-enrollment

charter school may authorize or sponsor a student club.

(b)

A school district or open-enrollment charter school may

not authorize or sponsor a student club based on sexual orientation

or gender identity.

(c)

A school district or open-enrollment charter school

must require the written consent of the parent of or person standing

in parental relation to a student enrolled in the district or school

before the student may participate in a student club authorized or

sponsored under Subsection (a) at the district or school.

SECTION 28. Subchapter A, Chapter 39, Education Code, is

amended by adding Section 39.008 to read as follows:

Sec.

39.008.

CERTIFICATION OF COMPLIANCE WITH CERTAIN LAWS

REQUIRED. (a)

Not later than September 30 of each year, the

superintendent of a school district or open-enrollment charter

school shall certify to the agency that the district or school is in

compliance with this section and Sections 11.005 and 28.0022.

(b) The certification required by Subsection (a) must:

(1) be:

(A)

approved by a majority vote of the board of

trustees of the school district or the governing body of the

open-enrollment charter school at a public meeting that includes an

opportunity for public testimony and for which notice was posted on

the district's or school's Internet website at least seven days

before the date on which the meeting is held; and

(B) submitted electronically to the agency; and

(2) include:

(A)

a description of the policies and procedures

required by Sections 11.005(c) and 28.0022(h) and the manner in

which district or school employees and contractors were notified of

those policies and procedures;

(B)

any existing policies, programs, procedures,

or trainings that were altered to ensure compliance with this

section or Section 11.005 or 28.0022; and

(C)

any cost savings resulting from actions taken

by the school district or open-enrollment charter school to comply

with this section.

(c)

The agency shall post each certification received under

Subsection (a) on the agency's Internet website.

SECTION 29. Section 12A.004(a), Education Code, as amended

by this Act, applies to a local innovation plan adopted or renewed

before, on, or after the effective date of this Act.

SECTION 30. This Act applies beginning with the 2025-2026

school year.

SECTION 31. 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, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 12 passed the Senate on

March 19, 2025, by the following vote: Yeas 20, Nays 11;

May 28, 2025, Senate refused to concur in House amendments and

requested appointment of Conference Committee; May 29, 2025, House

granted request of the Senate; May 31, 2025, Senate adopted

Conference Committee Report by the following vote: Yeas 20,

Nays 11.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 12 passed the House, with

amendments, on May 25, 2025, by the following vote: Yeas 88,

Nays 47, three present not voting; May 29, 2025, House granted

request of the Senate for appointment of Conference Committee;

May 31, 2025, House adopted Conference Committee Report by the

following vote: Yeas 77, Nays 40, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor