By:AAPatterson H.B.ANo.

A1155

A BILL TO BE ENTITLED

1 AN ACT

2 relating to parental rights in public education and prohibiting

3 instruction regarding sexual orientation or gender identity for

4 certain public school students.

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

6 SECTIONA1.AAChapter 26, Education Code, is amended by adding

7 Section 26.0083 to read as follows:

8 Sec.A26.0083.AARIGHT TO INFORMATION REGARDING MENTAL,

9 EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)

10 Each school district shall adopt a procedure for notifying the

11 parent of a student enrolled in the district regarding any change

12 in:

13 (1)AAservices provided to or monitoring of the student

14 related to the student ’s mental, emotional, or physical health or

15 well-being; or

16 (2)AAthe district ’s ability to provide a safe and

17 supportive learning environment for the student.

18 (b)AAA procedure adopted under Subsection (a) must reinforce

19 the fundamental right of a parent to make decisions regarding the

20 upbringing and control of the parent ’s child by requiring school

21 district personnel to:

22 (1)AAencourage a student to discuss issues relating to

23 the student ’s well-being with the student ’s parent; or

24 (2)AAfacilitate a discussion described under

88R3966 MM-D 1
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1 Subdivision (1).

2 (c)AAA school district may not adopt a procedure or a student

3 support form, including a student well-being questionnaire or

4 health screening form, that:

5 (1)AAprohibits a district employee from notifying the

6 parent of a student regarding:

7 (A)AAinformation about the student ’s mental,

8 emotional, or physical health or well-being; or

9 (B)AAa change in services provided to or

10 monitoring of the student related to the student ’s mental,

11 emotional, or physical health or well-being;

12 (2)AAencourages or has the effect of encouraging a

13 student to withhold from the student ’s parent information described

14 by Subdivision (1)(A); or

15 (3)AAprevents a parent from accessing education or

16 health records concerning the parent ’s child.

17 (d)AASubsections (a) and (c) do not require the disclosure of

18 information to a parent if a reasonably prudent person would

19 believe the disclosure is likely to result in the student suffering

20 abuse or neglect, as those terms are defined by Section 261.001,

21 Family Code.

22 (e)AAA school district employee may not discourage or

23 prohibit parental knowledge of or involvement in critical decisions

24 affecting a student ’s mental, emotional, or physical health or

25 well-being.

26 (f)AAAny student support services training developed or

27 provided by a school district to district employees must comply

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1 with any student services guidelines, standards, and frameworks

2 established by the State Board of Education and the agency.

3 (g)AABefore the first instructional day of each school year,

4 a school district shall provide to the parent of each student

5 enrolled in the district written notice of each health-related

6 service offered at the district campus the student attends. The

7 notice must include a statement of the parent ’s right to withhold

8 consent for or decline a health-related service. A parent ’s

9 consent to a health-related service does not waive a requirement of

10 Subsection (a), (c), or (e).

11 (h)AABefore administering a student well-being questionnaire

12 or health screening form to a student enrolled in kindergarten

13 through eighth grade, a school district must provide a copy of the

14 questionnaire or form to the student ’s parent and obtain the

15 parent ’s consent to administer the questionnaire or form.

16 (i)AAThis section may not be construed to limit or alter the

17 requirements of Section 38.004 of this code or Chapter 261, Family

18 Code.

19 (j)AANot later than August 1, 2024, the agency, the State

20 Board of Education, and the State Board for Educator Certification,

21 as appropriate, shall review and revise as necessary the following

22 to ensure compliance with this section:

23 (1)AAschool counseling frameworks and standards;

24 (2)AAeducator practices and professional conduct

25 principles; and

26 (3)AAany other student services personnel guidelines,

27 standards, or frameworks.

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1 (k)AASubsection (j) and this subsection expire September 1,

2 2025.

3 SECTIONA2.AASubchapter A, Chapter 28, Education Code, is

4 amended by adding Section 28.0043 to read as follows:

5 Sec.A28.0043.AARESTRICTION ON INSTRUCTION REGARDING SEXUAL

6 ORIENTATION AND GENDER IDENTITY. A school district,

7 open-enrollment charter school, or district or charter school

8 employee may not provide or allow a third party to provide

9 instruction regarding sexual orientation or gender identity:

10 (1)AAto students enrolled in kindergarten through

11 eighth grade; or

12 (2)AAin a manner that is not age-appropriate or

13 developmentally appropriate.

14 SECTIONA3.AASection 12.104(b), Education Code, as amended by

15 Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.

16 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular

17 Session, 2021, is reenacted and amended to read as follows:

18 (b)AAAn open-enrollment charter school is subject to:

19 (1)AAa provision of this title establishing a criminal

20 offense;

21 (2)AAthe provisions in Chapter 554, Government Code;

22 and

23 (3)AAa prohibition, restriction, or requirement, as

24 applicable, imposed by this title or a rule adopted under this

25 title, relating to:

26 (A)AAthe Public Education Information Management

27 System (PEIMS) to the extent necessary to monitor compliance with

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1 this subchapter as determined by the commissioner;

2 (B)AAcriminal history records under Subchapter C,

3 Chapter 22;

4 (C)AAreading instruments and accelerated reading

5 instruction programs under Section 28.006;

6 (D)AAaccelerated instruction under Section

7 28.0211;

8 (E)AAhigh school graduation requirements under

9 Section 28.025;

10 (F)AAspecial education programs under Subchapter

11 A, Chapter 29;

12 (G)AAbilingual education under Subchapter B,

13 Chapter 29;

14 (H)AAprekindergarten programs under Subchapter E

15 or E-1, Chapter 29, except class size limits for prekindergarten

16 classes imposed under Section 25.112, which do not apply;

17 (I)AAextracurricular activities under Section

18 33.081;

19 (J)AAdiscipline management practices or behavior

20 management techniques under Section 37.0021;

21 (K)AAhealth and safety under Chapter 38;

22 (L)AAthe provisions of Subchapter A, Chapter 39;

23 (M)AApublic school accountability and special

24 investigations under Subchapters A, B, C, D, F, G, and J, Chapter

25 39, and Chapter 39A;

26 (N)AAthe requirement under Section 21.006 to

27 report an educator ’s misconduct;

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1 (O)AAintensive programs of instruction under

2 Section 28.0213;

3 (P)AAthe right of a school employee to report a

4 crime, as provided by Section 37.148;

5 (Q)AAbullying prevention policies and procedures

6 under Section 37.0832;

7 (R)AAthe right of a school under Section 37.0052

8 to place a student who has engaged in certain bullying behavior in a

9 disciplinary alternative education program or to expel the student;

10 (S)AAthe right under Section 37.0151 to report to

11 local law enforcement certain conduct constituting assault or

12 harassment;

13 (T)AAa parent ’s right to information regarding the

14 provision of assistance for learning difficulties to the parent ’s

15 child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

16 (U)AAestablishment of residency under Section

17 25.001;

18 (V)AAschool safety requirements under Sections

19 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,

20 37.207, and 37.2071;

21 (W)AAthe early childhood literacy and mathematics

22 proficiency plans under Section 11.185;

23 (X)AAthe college, career, and military readiness

24 plans under Section 11.186; [and]

25 (Y)A[(X)]AAparental options to retain a student

26 under Section 28.02124; and

27 (Z)AAparental rights to information regarding a

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1 student ’s mental, emotional, and physical health and

2 health-related services offered by the school as provided by

3 Section 26.0083.

4 SECTIONA4.AAThis Act applies beginning with the 2023-2024

5 school year.

6 SECTIONA5.AATo the extent of any conflict, this Act prevails

7 over another Act of the 88th Legislature, Regular Session, 2023,

8 relating to nonsubstantive additions to and corrections in enacted

9 codes.

10 SECTIONA6.AAThis Act takes effect immediately if it receives

11 a vote of two-thirds of all the members elected to each house, as

12 provided by Section 39, Article III, Texas Constitution. If this

13 Act does not receive the vote necessary for immediate effect, this

14 Act takes effect September 1, 2023.