HB4002 - Relating to parental rights in public education and prohibiting instruction regarding sexual orientation or gender identity for public school students.

  89R2633 PRL-D     By: Money H.B. No. 4002       A BILL TO BE ENTITLED   AN ACT   relating to parental rights in public education and prohibiting   instruction regarding sexual orientation or gender identity for   public school students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 26.011, Education Code,   is amended to read as follows:          Sec. 26.011.  COMPLAINTS ; CIVIL REMEDY .          SECTION 2.  Section 26.011, Education Code, is amended by   adding Subsections (c), (d), and (e) to read as follows:           (c)     A grievance procedure adopted under this section must   require that, not later than the 30th day after receipt of a   complaint described by Subsection (a), the school district:                 (1)     resolve the issue that gave rise to the complaint;   or                 (2)     provide to the parent who submitted the complaint   a written explanation of the district's reason for not resolving   the issue.           (d)     If a school district does not resolve an issue described   by Subsection (c)(1), the parent may bring a civil action against   the district to obtain appropriate injunctive and declaratory   relief. A court may award damages and shall award reasonable   attorney's fees and court costs to a prevailing parent. Remedies   provided by this subsection are not exclusive. Governmental   immunity of a school district to suit and from liability is waived   to the extent of liability created by this subsection.           (e)     The board of trustees of each school district shall   adopt a policy for notifying parents of students enrolled in the   district regarding the grievance procedure adopted by the district   under this section.          SECTION 3.  Chapter 26, Education Code, is amended by adding   Sections 26.0083, 26.0084, and 26.016 to read as follows:           Sec.   26.0083.     RIGHT TO INFORMATION REGARDING MENTAL,   EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (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 education 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)     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.           (e)     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 (d).           (f)     Before administering a student support form to a   student, a school district must provide a copy of the form to the   student's parent and obtain the parent's consent to administer the   form.           (g)     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.           (h)     Subsection (g) and this subsection expire September 1,   2027.           Sec.   26.0084.     RIGHT TO INFORMATION REGARDING STUDENT'S   PERCEPTION OF BIOLOGICAL SEX.   A school district employee or   independent contractor of a district, including a third-party   instructor, guest speaker, or subcontractor, may not withhold from   a student's parent information related to the student's perception   of the student's biological sex if that perception is inconsistent   with the student's biological sex as determined by the student's sex   organs, chromosomes, and endogenous hormone profiles.           Sec.   26.016.     CONSENT REQUIRED FOR PARTICIPATION IN CERTAIN   STUDENT CLUBS. (a) In this section, "student club" means any   student organization sponsored or sanctioned by a school district.           (b)     A school district shall require written parental   consent as a condition of a student's participation in a student   club that promotes themes of sexuality, gender, or gender identity.           (c)     A school district shall seek parental consent under this   section by providing a written form to a parent that includes the   foundational documents of the student club described by Subsection   (b) in which the student wishes to participate, including:                 (1)  the name of the club;                 (2)  the mission statement or purpose of the club; and                 (3)     any additional information determined appropriate   by the school district.          SECTION 4.  Subchapter A, Chapter 28, Education Code, is   amended by adding Section 28.0041 to read as follows:           Sec.   28.0041.     INSTRUCTION REGARDING SEXUAL ORIENTATION AND   GENDER IDENTITY PROHIBITED. 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 to students enrolled in the   district or school.          SECTION 5.  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;              &#x [Text truncated for display. 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