HB4040 - Relating to prohibiting diversity, equity, and inclusion practices at school districts; authorizing an administrative penalty.

  89R13406 KJE-D     By: Schatzline H.B. No. 4040       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting diversity, equity, and inclusion practices   at school districts; authorizing an administrative penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 PRACTICES.   (a)   In this section, "diversity, equity, and   inclusion practices" 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,   or training programs that reference race, color, ethnicity, gender   identity, or sexual orientation except 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)     A school district shall promote a colorblind   meritocracy to ensure equal service and support for all students,   regardless of race, ethnicity, religion, or nationality.           (c)  A school district may not:                 (1)     use state or local money to pay for, or contract   with a third party for, a department or program that uses diversity,   equity, and inclusion practices;                 (2)     contract with a vendor to provide training in or   services or programs for diversity, equity, and inclusion   practices;                 (3)     promote an event, meeting, or club that favors   persons of one race over persons of another race;                 (4)     provide professional development training for   teachers, parents, students, or public stakeholders on diversity,   equity, and inclusion practices;                 (5)     host a field trip to an event or meeting that   promotes racially exclusive rhetoric;                 (6)     provide financial support to a student-led   organization, club, or association that excludes participants   based on race or ethnicity;                 (7)     give preferential treatment in disciplinary   practices or procedures to a student based on the student's race or   ethnicity;                 (8)     create or use a curriculum based on diversity,   equity, and inclusion practices;                 (9)     discriminate against a person of a certain race   for actions committed by the person's ancestor;                 (10)     create or promote a scholarship that favors   students of one race over students of another race; or                 (11)  use restorative justice practices.           (d)     The board of trustees of a school district may not adopt   a policy or resolution that supports diversity, equity, and   inclusion practices.           (e)     A member of the board of trustees of a school district or   an employee of the district may not attend, in the person's capacity   as a member or employee, a conference that promotes or teaches   diversity, equity, and inclusion practices.           (f)     If the commissioner determines that a school district   violated this section:                 (1)     the district may not receive state money for the   state fiscal year following the state fiscal year in which the   district violated this section; and                 (2)     the agency shall assess an administrative penalty   against the district in an amount not to exceed $1,000,000.           (g)     The attorney general may bring an action for injunctive   relief against a school district or a member of the board of   trustees or employee of the district to compel the district,   member, or employee to comply with this section.           (h)     The commissioner may adopt rules as necessary to enforce   this section.          SECTION 2.  Section 37.0013(a), Education Code, is amended   to read as follows:          (a)  Each school district and open-enrollment charter school   may develop and implement a program, in consultation with campus   behavior coordinators employed by the district or school and   representatives of a regional education service center, that   provides a disciplinary alternative for a student enrolled in a   grade level below grade three who engages in conduct described by   Section 37.005(a) and is not subject to Section 37.005(c).  The   program must:                (1)  be age-appropriate and research-based;                (2)  provide models for positive behavior;                (3)  promote a positive school environment;                (4)  provide alternative disciplinary courses of   action that do not rely on the use of in-school suspension,   out-of-school suspension, or placement in a disciplinary   alternative education program to manage student behavior; and                (5)  provide behavior management strategies,   including:                      (A)  positive behavioral intervention and   support;                      (B)  trauma-informed practices;                      (C)  social and emotional learning; and                      (D)  a referral for services, as necessary[ ; and                      [ (E)  restorative practices ].          SECTION 3.  Section 48.115(b), Education Code, is amended to   read as follows:          (b)  Funds allocated under this section must be used to   improve school safety and security, including costs associated   with:                (1)  securing school facilities in accordance with the   requirements of Section 37.351, including:                      (A)  improvements to school infrastructure;                      (B)  the use or installation of perimeter security   fencing conducive to a public school learning environment or   physical barriers, which may not include razor wire;                      (C)  exterior door and window safety and security   upgrades, including exterior door numbering and locking systems and   security film that provides resistance to a forced entry; and                      (D)  the purchase and maintenance of:                            (i)  security cameras and, if the district   has already installed security cameras, other security equipment,   including video surveillance as provided by Section 29.022; and                            (ii)  technology, including communications   systems or devices, such as silent panic alert devices, two-way   radios, or wireless Internet booster equipment, that facilitates   communication and information sharing between students, school   personnel, and first responders in an emergency;                (2)  providing security for the district, including:                      (A)  employing school district peace officers,   private security officers, and school marshals; and                      (B)  collaborating with local law enforcement   agencies, such as entering into a memorandum of understanding for   the assignment of school resource officers to schools in the   district;                (3)  school safety and security measures, including:                      (A)  active shooter and emergency response   training;                      (B)  prevention and treatment programs relating   to addressing adverse childhood experiences; and                      (C)  the prevention, identification, and   management of emergencies and threats, using evidence-based,   effective prevention practices and including:                            (i)  providing licensed counselors, social   workers, and chaplains[ , and individuals trained in restorative   discipline and restorative justice practices ];                            (ii)  providing mental health personnel and   support, including chaplains;                            (iii)  providing behavioral health   services, including services provided by chaplains;                            (iv)  establishing threat reporting   systems; and                            (v)  developing and implementing programs   focused on [ restorative justice practices, ] culturally relevant   instruction[ , ] and providing mental health support, including   support provided by chaplains;                (4)  providing programs related to suicide prevention,   intervention, and postvention, including programs provided by   chaplains; and                (5)  employing a school safety director and other   personnel to manage and monitor school safety initiatives and the   implementation of school safety requirements for the district.          SECTION 4.  Section 1701.262(c), Occupations Code, is   amended to [Text truncated for display. 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