HB976 - Relating to parental rights in public education and prohibiting certain instruction regarding sexual orientation or gender identity; authorizing a civil penalty.

      By: Toth H.B. No. 976       A BILL TO BE ENTITLED   AN ACT   relating to parental rights in public education and prohibiting   certain instruction regarding sexual orientation or gender   identity; authorizing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 22, Education Code, is   amended by adding Section 22.903 to read as follows:           Sec.   22.903.     PROHIBITION ON RENEWAL OF EMPLOYMENT CONTRACT   FOR CERTAIN MISCONDUCT. A school district may not renew the   employment contract for an individual who:                 (1)     prevents a parent from accessing written records   concerning the parent's child in violation of Chapter 26; or                 (2)     discourages or prevents parental notification   regarding a student's mental, emotional, or physical health or   well-being in violation of Section 26.0083.          SECTION 2.  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; CIVIL ENFORCEMENT. (a) Each   school district shall adopt a procedure for notifying the parent of   a student enrolled in the district regarding any change in:                 (1)     services provided to or monitoring of the student   related to the student's mental, emotional, or physical health or   well-being; or                 (2)     the district's ability to provide a safe and   supportive learning environment for the student.           (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 or a student   support form, including a student well-being questionnaire or   health screening form, 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; or                 (2)     encourages or has the effect of encouraging a   student to withhold from the student's parent information described   by Subdivision (1)(A).           (d)     Subsections (b) 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)     A parent alleging a violation of this section may bring   a civil action to obtain appropriate injunctive relief and   declaratory relief.   A court may award damages and shall award   reasonable attorney's fees and court costs to a prevailing parent.           (h)     A school district whose employee violates this section   is liable to the state for a civil penalty in an amount not to exceed   $10,000 for each violation.   The attorney general may investigate   any alleged violation of this section and may sue to collect the   civil penalty described by this subsection.           (i)     A suit or petition under Subsection (h) may be filed in a   district court in:                 (1)  Travis County; or                 (2)     a county in which the principal office of the   school district is located.           (j)     The attorney general may recover reasonable expenses   incurred in obtaining relief under this section, including court   costs, reasonable attorney's fees, investigative costs, witness   fees, and deposition costs.           (k)     Sovereign immunity to suit is waived and abolished to   the extent of liability created by this section.           (l)     This section may not be construed to limit or alter the   requirements of Section 38.004 of this code or Chapter 261, Family   Code.           (m)     As soon as practicable after the effective date of this   Act, 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.           (n)     Subsection (m) and this subsection expire September 1,   2027.          SECTION 3.  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) In this section,   "age-appropriate" means suitable for particular ages or age groups   of children or adolescents of the same chronological age or level of   maturity, based on the development of cognitive, emotional,   physical, and behavioral capacity that is typical for the age or age   group.           (b)     A school district, open-enrollment charter school, or   district or charter school employee may not provide or allow a third   party to provide instruction regarding sexual orientation or gender   identity:                 (1)     to students enrolled in prekindergarten through   eighth grade; or                 (2)     in a manner that is not age-appropriate or   developmentally appropriate.          SECTION 4.  Section 12.104(b), Education Code, as amended by   Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B.   2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular   Session, 2021, is reenacted and 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 Sectio [Text truncated for display. 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