HB4561 - Relating to prohibiting excused absences and school district support for student political protests, advocacy, or attempts to influence governmental policymaking during the school day, and establishing educator standards and disciplinary measures to ensure political neutrality in Texas public schools.

      By: Toth H.B. No. 4561       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting excused absences and school district   support for student political protests, advocacy, or attempts to   influence governmental policymaking during the school day, and   establishing educator standards and disciplinary measures to   ensure political neutrality in Texas public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The legislature finds that:                (1)  true civic education is not political action   itself but rather preparation for, and prerequisite to, mature   political life;                (2)  respect for the liberties of students and   teachers, the views of a politically diverse citizenry, and the   tradition of institutional political neutrality that flows from   these, means that political activism has no place in formal   education; and                (3)  granting excused absences for political student   walk-outs or lobbying invites political favoritism from school   districts and places inappropriate political pressures on   non-participating students, neither of which have a place in the   public education system of Texas.          SECTION 2.  Chapter 25 of the Texas Education Code is amended   by adding Section 25.0871 to read as follows:           SECTION   25.0871.     PROHIBITION ON EXCUSED ABSENCES AND   SUPPORT FOR POLITICAL ACTIVITIES.           Sec. 25.0871.  DEFINITIONS. In this section:                 (1)     "School" means a public school serving students in   kindergarten through grade 12           (a)     A school district shall not grant excused absences to a   student for the purpose of engaging in:                 (1)  political protest;                 (2)  social or public policy advocacy; or                 (3)     attempts to influence legislation or other   governmental policymaking at the local, state, or federal level.           (b)     Academic standards, teaching standards, education   standards, curriculum, teacher professional development, and   regulations adopted by the Texas Education Agency or a school   district shall not promote or permit student walk-outs for the   purposes described in Section 2(a).           (c)     An absence for a purpose described in Section 2(a) shall   be treated as an unexcused absence and shall not be subject to   disciplinary measures different from those applied to other   unexcused absences.          SECTION 3.  Title 19, Part 7, Chapter 247, Rule 247.2 of the   Texas Administrative Code (Code of Ethics and Standard Practices   for Texas Educators) is amended by adding Subsections (J) and (K) to   read as follows:           (J)(3.10)     The educator shall not, during working hours,   promote, organize, facilitate, or direct out-of-school student   political protest, student social or public policy advocacy, or   student attempts to influence legislation or other governmental   policymaking at the local, state, or federal level.           (K)(3.11)     The educator shall not give permission for, or   issue excused absences for, student absences from school for   purposes of political protest, social or public policy advocacy, or   attempts to influence legislation or other governmental   policymaking at the local, state, or federal level.          SECTION 4.  DISCIPLINARY MEASURES FOR EDUCATORS.  Chapter 21   of the Texas Education Code is amended by adding Section 21.0582 to   read as follows:           (a)     An educator who violates Subsections (J) or (K) as added   by Section 3 of this Act, on a first occasion shall receive an   inscribed reprimand on the educator's official certification   record. Any reprimand pursuant to Subsections (J) or (K) shall be   reported to the Texas Education Agency.           (b)     An educator who violates Subsections (J) or (K) as added   by Section 3 of this Act, on a second occasion shall have their   certification suspended for a period of not less than one year. Any   reprimand pursuant to Subsections (J) or (K) shall be reported to   the Texas Education Agency.           (c)     An educator who violates Subsections (J) or (K) as added   by Section 3 of this Act, on a third occasion shall have their   certification canceled, without opportunity for reapplication.          SECTION 5.  SCHOOL DISTRICT ACCOUNTABILITY. Chapter 39A.002   of the Texas Education Code is amended by adding Subsections 11, 12,   13, and 14 to read as follows:           (11)     A school district that organizes, directs, permits,   facilitates, or issues excused absences for out-of-school student   activities described in Section 2(a) of this Act shall be subject to   a reduction in state funding equal to 5 percent of its annual   Foundation School Program allocation for two violations occurring   in a 365-day period, as determined by the Texas Education Agency.          (12)     A school district that organizes, directs, permits,   facilitates, or issues excused absences for out-of-school student   activities described in Section 2(a) of this Act shall be subject to   a reduction in state funding equal to 10 percent of its annual   Foundation School Program allocation for three violations   occurring in a 365-day period, as determined by the Texas Education   Agency.           (13)     A school district superintendent who fails to report   conduct pursuant to Section 6(m) of this Act shall subject their   district to a reduction in state funding equal to 2.5 percent of its   annual Foundation School Program allocation for any violation   occurring in a 365-day period, as determined by the Texas Education   Agency.           (14)     The Texas Education Agency shall adopt rules to   implement and enforce this section.          SECTION 6.  PROVISION OF INFORMATION TO TEXAS EDUCATION   AGENCY AND GENERAL PUBLIC. Chapter 21, Section 21.006 of the Texas   Education Code is amended by adding Subsections (l),(m),(n)and (o)   to read as follows:           (l)     A school district employee who becomes aware of conduct   taking place that is prohibited by Section 2(a) of this Act is   obligated to report that conduct to the superintendent of the   school district where the violation or alleged violation occurred   and the Texas Education Agency within 48 hours of becoming aware.           (m)     A school district superintendent who receives a report   pursuant to Section 6(l) of this Act is obligated to transmit that   report to the Texas Education Agency within 48 hours of receiving   it. A school district superintendent who becomes aware of conduct   taking place that is prohibited by Section 2(a) of this Act is   obligated to report that conduct to the Texas Education Agency   within 48 hours of becoming aware.           (n)     The Texas Education Agency shall make reports of alleged   violations available on a publicly available Internet website   within 10 days of receiving a report of a violation or alleged   violation of Section 2(a) of this Act.           (o)     The Texas Education Agency shall adopt rules to   implement and enforce this section.          SECTION 7.  This Act applies beginning with the 2025-2026   school year.          SECTION 8.  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.