88R527 MM-D
	By: Toth	H.B. No. 1541

	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,
	2025.
	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 Sections 26.004(b)(11) and 26.0081(c) and (d);
	(U)  establishment of residency under Section
	25.001;
	(V)  school safety requirements under Sections
	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
	37.207, and 37.2071;
	(W)  the early childhood literacy and mathematics
	proficiency plans under Section 11.185;
	(X)  the college, career, and military readiness
	plans under Section 11.186; [and]
	(Y) [(X)]  parental options to retain a student
	under Section 28.02124;
	(Z)  parental rights to information regarding a
	student's mental, emotional, and physical health offered by the
	school as provided by Section 26.0083, including the authorization
	of a civil suit and a civil penalty under that section; and
	(AA)  the renewal of the employment contract of an
	employee who violates certain parental rights as provided by
	Section 22.903.
	SECTION 5.  This Act applies beginning with the 2023-2024
	school year.
	SECTION 6.  To the extent of any conflict, this Act prevails
	over another Act of the 88th Legislature, Regular Session, 2023,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 7.  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, 2023.