HB781 - Relating to certain public school instructional requirements and prohibitions and the incorporation of certain instructional activities as part of student coursework.

  89R3404 ANG-D     By: Bernal H.B. No. 781       A BILL TO BE ENTITLED   AN ACT   relating to certain public school instructional requirements and   prohibitions and the incorporation of certain instructional   activities as part of student coursework.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 21.4555(a) and (b), Education Code, are   amended to read as follows:          (a)  To facilitate the teaching of curriculum consistent   with Section [ 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 Section [ 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.          SECTION 2.  Section 22.05125(b), Education Code, is amended   to read as follows:          (b)  A classroom teacher employed by a school district may   not be subject to disciplinary proceedings for an allegation that   the teacher violated [ Section 28.0022, ] the Establishment Clause of   the First Amendment of the United States Constitution [ , ] or a   related state or federal law if:                (1)  the teacher used only instructional material   included on the list of approved instructional material maintained   by the State Board of Education under Section 31.022 and adopted by   the district; and                (2)  the allegation does not dispute that the teacher   delivered instruction from instructional material described by   Subdivision (1) with fidelity.          SECTION 3.  The heading to Section 28.0022, Education Code,   is amended to read as follows:          Sec. 28.0022.  CERTAIN INSTRUCTIONAL ACTIVITIES PERMITTED   [ REQUIREMENTS AND PROHIBITIONS ].          SECTION 4.  Section 28.0022(a), Education Code, is amended   to read as follows:          (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 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 explore that topic objectively   and in a manner free from political bias;                [ (3) ]  a school district, open-enrollment charter   school, or teacher may , as an option for student learning [ not   require ], make part of a course, or award a grade or course credit,   including extra credit, for a student's:                 (1)  [ (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[ , if the student's duties involve   directly or indirectly attempting to influence social or public   policy or the outcome of legislation ]; or                 (2)   [ (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, blame, or guilt for   actions committed by other members of the same race or sex;                            [ (vi)     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;                            [ (vii)     the advent of slavery in the   territory that is now the United States constituted the true   founding of the United States; or                            [ (viii)     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 ].          SECTION 5.  Section 31.0712, Education Code, is amended to   read as follows:          Sec. 31.0712.  OPEN EDUCATION RESOURCE ADVISORY BOARD.  The   agency shall establish an open education resource advisory board to   ensure that open education resource instructional materials made   available under this subchapter are:                (1)  of the highest quality;                (2)  aligned with the essential knowledge and skills   adopted by the State Board of Education under Section 28.002 for the   applicable subject and grade level;                (3)  suitable for the age of students at the grade level   for which the materials are developed; and                (4)  free from bias and factual error[ ; and                [ (5)  in compliance with Section 28.0022 ].          SECTION 6.  Section 31.1011(a), Education Code, is amended   to read as follows:          (a)  Each school district and open-enrollment charter school   shall annually certify to the State Board of Education and the   commissioner that:                (1)  for each subject in the required curriculum under   Section 28.002, other than physical education, and each grade   level, the district or school:                      (A)  provides each student with instructional   materials that cover all elements of the essential knowledge and   skills adopted by the State Board of Education for that subject and   grade level; and                      (B)  in the provision of instructional materials,   protects students from obscene or harmful content as necessary for   compliance with:                            (i)  the Children's Internet Protection Act   (Pub. L. No. 106-554);                            (ii)  [ Section 28.0022;                            [ (iii) ]  Section 43.22, Penal Code; and                             (iii) [ (iv) ]  any other law or regulation   that protects students from obscene or harmful content; and                (2)  the district or school used money allocated to the   district or school under the instructional materials and technology   allotment only for purposes allowed under Section 31.0211.          SECTION 7.  Sections 28.0022(b), (c), (d), (e), (f), and   (g), Education Code, are repealed.          SECTION 8.  This Act applies beginning with the 2025-2026   school year.          SECTION 9.  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.