SB 12

S.B. No. 12
  AN ACT
  relating to parental rights in public education, to certain public
  school requirements and prohibitions regarding instruction,
  diversity, equity, and inclusion duties, and social transitioning,
  and to student clubs at public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1, Education Code, is amended by adding
  Sections 1.007 and 1.009 to read as follows:
         Sec. 1.007.  COMPLIANCE WITH MANDATORY POLICY.  (a)  In this
  section, "public elementary or secondary school" means a school
  district and a district, campus, program, or school operating under
  a charter under Chapter 12.
         (b)  A public elementary or secondary school, the school's
  governing body, and the school's employees shall implement and
  comply with each policy the school is required to adopt under this
  code or other law.
         Sec. 1.009.  INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
  The fundamental rights granted to parents by their Creator and
  upheld by the United States Constitution, the Texas Constitution,
  and the laws of this state, including the right to direct the moral
  and religious training of the parent's child, make decisions
  concerning the child's education, and consent to medical,
  psychiatric, and psychological treatment of the parent's child
  under Section 151.001, Family Code, may not be infringed on by any
  public elementary or secondary school or state governmental entity,
  including the state or a political subdivision of the state, unless
  the infringement is:
               (1)  necessary to further a compelling state interest,
  such as providing life-saving care to a child; and
               (2)  narrowly tailored using the least restrictive
  means to achieve that compelling state interest.
         SECTION 2.  Subchapter C, Chapter 7, Education Code, is
  amended by adding Section 7.0611 to read as follows:
         Sec. 7.0611.  FACILITY USAGE REPORT.  (a)  In this section,
  "instructional facility" has the meaning assigned by Section
  46.001.
         (b)  The agency by rule shall require each school district to
  annually report the following information in the form and manner
  prescribed by the agency:
               (1)  the square footage of each school district
  facility and the acreage of land on which each facility sits;
               (2)  the total student capacity for each instructional
  facility on a district campus;
               (3)  for each campus in the school district:
                     (A)  the enrollment capacity of the campus and of
  each grade level offered at the campus; and
                     (B)  the number of students currently enrolled at
  the campus and in each grade level offered at the campus;
               (4)  whether a school district facility is used by one
  or more campuses and the campus identifier of each campus that uses
  the facility;
               (5)  what each school district facility is used for,
  including:
                     (A)  an instructional facility;
                     (B)  a career and technology center;
                     (C)  an administrative building;
                     (D)  a food service facility;
                     (E)  a transportation facility; and
                     (F)  vacant land; and
               (6)  whether each school district facility is leased or
  owned.
         (c)  From the information submitted under Subsection (b),
  the agency shall produce and make available to the public on the
  agency's Internet website an annual report on school district land
  and facilities.  The agency may combine the report required under
  this section with any other required report to avoid multiplicity
  of reports.
         (d)  If the agency determines information provided under
  Subsection (b) would create a security risk, such information is
  considered confidential for purposes of Chapter 552, Government
  Code, and may not be disclosed in the annual report under Subsection
  (c).
         (e)  The commissioner may adopt rules as necessary to
  implement this section.  In adopting rules for determining the
  student capacity of a school district or district campus, the
  commissioner may consider the staffing, student-teacher ratio, and
  facility capacity of the district or campus.
         SECTION 3.  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 DUTIES.  (a)  In this section, "diversity, equity, and
  inclusion duties" 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,
  trainings, activities, or programs that reference race, color,
  ethnicity, gender identity, or sexual orientation except:
                     (A)  for the purpose of student recruitment
  efforts by colleges and universities designated as historically
  black colleges and universities in collaboration with school
  districts or open-enrollment charter schools; or
                     (B)  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)  Except as required by state or federal law, a school
  district:
               (1)  may not assign diversity, equity, and inclusion
  duties to any person; and
               (2)  shall prohibit a district employee, contractor, or
  volunteer from engaging in diversity, equity, and inclusion duties
  at, for, or on behalf of the district.
         (c)  A school district shall adopt a policy and procedure for
  the appropriate discipline, including termination, of a district
  employee or contractor who intentionally or knowingly engages in or
  assigns to another person diversity, equity, and inclusion duties.  
  The district shall provide a physical and electronic copy of the
  policy and procedure to each district employee or contractor.
         (d)  The policy and procedure adopted by a school district
  under Subsection (c) must ensure that an employee or contractor
  receives adequate due process and an opportunity to appeal
  disciplinary actions, including termination, in the same manner
  provided for other disciplinary actions.
         (e)  Nothing in this section may be construed to:
               (1)  limit or prohibit a school district from
  contracting with historically underutilized businesses or
  businesses owned by members of a minority group or by women in
  accordance with applicable state law;
               (2)  limit or prohibit a school district from
  acknowledging or teaching the significance of state and federal
  holidays or commemorative months and how those holidays or months
  fit into the themes of history and the stories of this state and the
  United States of America in accordance with the essential knowledge
  and skills adopted under Subchapter A, Chapter 28;
               (3)  affect a student's rights under the First
  Amendment to the United States Constitution or Section 8, Article
  I, Texas Constitution;
               (4)  limit or prohibit a school district from analyzing
  school-based causes and taking steps to eliminate unlawful
  discriminatory practices as necessary to address achievement gaps
  and differentials described by Section 39.053; or
               (5)  apply to:
                     (A)  classroom instruction that is consistent
  with the essential knowledge and skills adopted by the State Board
  of Education;
                     (B)  the collection, monitoring, or reporting of
  data;
                     (C)  a policy, practice, procedure, program, or
  activity intended to enhance student academic achievement or
  postgraduate outcomes that is designed and implemented without
  regard to race, sex, color, or ethnicity; or
                     (D)  a student club that is in compliance with the
  requirements of Section 33.0815.
         SECTION 4.  The heading to Section 11.1518, Education Code,
  is amended to read as follows:
         Sec. 11.1518.  TRUSTEE INFORMATION [POSTED ON WEBSITE].
         SECTION 5.  Section 11.1518, Education Code, is amended by
  amending Subsection (c) and adding Subsections (d) and (e) to read
  as follows:
         (c)  Not later than the 30th day after a new person is sworn
  in as a member [Each time there is a change in the membership] of a
  school district's board of trustees, the district shall update the
  information required under Subsection (a) and, as applicable:
               (1)  post the updated information on the district's
  Internet website; or
               (2)  submit the updated information to the agency for
  posting on the agency's Internet website in accordance with
  Subsection (b).
         (d)  A school district shall annually submit to the agency
  the information required under Subsection (a) for each member of
  the district's board of trustees.  The information must:
               (1)  identify the member designated as chair; and
               (2)  be updated as required by Subsection (c).
         (e)  The commissioner may adopt rules as necessary to
  implement this section.
         SECTION 6.  Section 11.161, Education Code, is amended to
  read as follows:
         Sec. 11.161.  FRIVOLOUS SUIT OR PROCEEDING.  (a)  In a civil
  suit or administrative proceeding brought under state law or
  rules[,] against an independent school district or an officer of an
  independent school district acting under color of office, the court
  or another person authorized to make decisions regarding the
  proceeding may award costs and reasonable attorney's fees if:
               (1)  the court or other authorized person finds that
  the suit or proceeding is frivolous, unreasonable, and without
  foundation; and
               (2)  the suit or proceeding is dismissed or judgment is
  for the defendant.
         (b)  This section does not apply to a civil suit or
  administrative proceeding brought under the Individuals with
  Disabilities Education Act (20 U.S.C. Section 1400 et seq.).  A
  civil suit or administrative proceeding described by this
  subsection is governed by the attorney's fees provisions under 20
  U.S.C. Section 1415.
         (c)  This section does not apply to a proceeding regarding a
  grievance filed under the grievance procedure established by the
  board of trustees of a school district under Section 26.011.
         SECTION 7.  Chapter 11, Education Code, is amended by adding
  Subchapter I to read as follows:
  SUBCHAPTER I.  ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED
         Sec. 11.401.  SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL
  TRANSITIONING PROHIBITED.  (a)  In this subchapter, "social
  transitioning" means a person's transition from the person's
  biological sex at birth to the opposite biological sex through the
  adoption of a different name, different pronouns, or other
  expressions of gender that deny or encourage a denial of the
  person's biological sex at birth.
         (b)  The board of trustees of a school district shall adopt a
  policy prohibiting an employee of the district from assisting a
  student enrolled in the district with social transitioning,
  including by providing any information about social transitioning
  or providing guidelines intended to assist a person with social
  transitioning.
         (c)  A parent of a student enrolled in the district or a
  district employee may report to the board of trustees of the
  district a suspected violation of the policy adopted under
  Subsection (b).  The board shall investigate any suspected
  violation and determine whether the violation occurred.  If the
  board determines that a district employee has assisted a student
  enrolled at the district with social transitioning, the board shall
  immediately report the violation to the commissioner.
         Sec. 11.402.  RELIEF.  A parent of a student enrolled in a
  school district may seek relief for a violation of this subchapter
  by filing a grievance through the district's grievance procedure
  adopted under Section 26.011.
         SECTION 8.  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;
                     (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
  37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,
  37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and
  37.2071 and Subchapter J, Chapter 37;
                     (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)  parental options to retain a student under
  Section 28.02124;
                     (Z)  diversity, equity, and inclusion duties
  under Section 11.005;
                     (AA)  parental access to instructional materials
  and curricula under Section 26.0061;
                     (BB)  the adoption of a parental engagement policy
  as provided by Section 26.0071;
                     (CC)  parental rights to information regarding a
  student's mental, emotional, and physical health-related needs and
  related services offered by the school as provided by Section
  26.0083; and
                     (DD)  establishment of a local school health
  advisory council with members appointed by the governing body of
  the school and health education instruction that complies with
  Section 28.004.
         SECTION 9.  Section 12A.004(a), Education Code, is amended
  to read as follows:
         (a)  A local innovation plan may not provide for the
  exemption of a district designated as a district of innovation from
  the following provisions of this title:
               (1)  a state or federal requirement applicable to an
  open-enrollment charter school operating under Subchapter D,
  Chapter 12;
               (2)  Subchapters A, C, D, and E, Chapter 11, except that
  a district may be exempt from Sections 11.1511(b)(5) and (14) and
  Section 11.162;
               (3)  state curriculum and graduation requirements
  adopted under Chapter 28; [and]
               (4)  Section 28.004; and
               (5)  academic and financial accountability and
  sanctions under Chapters 39 and 39A.
         SECTION 10.  Section 21.057, Education Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  Except as provided by Subsection (e) and
  notwithstanding any other provision of this code, a school district
  is not exempt from the requirements of this section.
         SECTION 11.  Section 26.001, Education Code, is amended by
  amending Subsections (a), (c), (d), and (e) and adding Subsections
  (a-1) and (c-1) to read as follows:
         (a)  As provided under Section 151.001, Family Code, a parent
  has the right to direct the moral and religious training of the
  parent's child, make decisions concerning the child's education,
  and consent to medical, psychiatric, and psychological treatment of
  the child without obstruction or interference from this state, any
  political subdivision of this state, a school district or
  open-enrollment charter school, or any other governmental entity.
         (a-1)  Parents are partners with educators, administrators,
  and school district boards of trustees in their children's
  education.  Parents shall be encouraged to actively participate in
  creating and implementing educational programs for their children.
         (c)  Unless otherwise provided by law, a board of trustees,
  administrator, educator, or other person shall comply with Section
  1.009 and may not limit parental rights or withhold information
  from a parent regarding the parent's child.
         (c-1)  A school district may not be considered to have
  withheld information from a parent regarding the parent's child if
  the district's actions are in accordance with other law, including
  the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
  Section 1232g).
         (d)  Each board of trustees shall:
               (1)  provide for procedures to consider complaints that
  a parent's right has been denied;[.]
               (2)  develop a plan for parental participation in the
  district to improve parent and teacher cooperation, including in
  the areas of homework, school attendance, and discipline;
               (3)  [(e)  Each board of trustees shall] cooperate in
  the establishment of ongoing operations of at least one
  parent-teacher organization at each school in the district to
  promote parental involvement in school activities; and
               (4)  provide to a parent of a child on the child's
  enrollment in the district for the first time and to the parent of
  each child enrolled in the district at the beginning of each school
  year information about parental rights and options, including the
  right to withhold consent for or exempt the parent's child from
  certain activities and instruction, that addresses the parent's
  rights and options concerning:
                     (A)  the child's course of study and supplemental
  services;
                     (B)  instructional materials and library
  materials;
                     (C)  health education instruction under Section
  28.004;
                     (D)  instruction regarding sexual orientation and
  gender identity under Section 28.0043;
                     (E)  school options, including virtual and remote
  schooling options;
                     (F)  immunizations under Section 38.001;
                     (G)  gifted and talented programs;
                     (H)  promotion, retention, and graduation
  policies;
                     (I)  grade, class rank, and attendance
  information;
                     (J)  state standards and requirements;
                     (K)  data collection practices;
                     (L)  health care services, including notice and
  consent under Section 26.0083(g);
                     (M)  the grievance procedure under Section
  26.011; and
                     (N)  special education and bilingual education
  and special language programs.
         (e)  The agency shall develop a form for use by school
  districts in providing information about parental rights and
  options under Subsection (d)(4).  Each school district shall post
  the form in a prominent location on the district's Internet
  website.
         SECTION 12.  Chapter 26, Education Code, is amended by
  adding Section 26.0025 to read as follows:
         Sec. 26.0025.  RIGHT TO SELECT EDUCATIONAL SETTING.  A
  parent is entitled to choose the educational setting for the
  parent's child, including public school, private school, or home
  school.
         SECTION 13.  Section 26.004(b), Education Code, is amended
  to read as follows:
         (b)  A parent is entitled to access to all written records of
  a school district concerning the parent's child, including:
               (1)  attendance records;
               (2)  test scores;
               (3)  grades;
               (4)  disciplinary records;
               (5)  counseling records;
               (6)  psychological records;
               (7)  applications for admission;
               (8)  medical records in accordance with Section
  38.0095, including health and immunization information;
               (9)  teacher and school counselor evaluations;
               (10)  reports of behavioral patterns; [and]
               (11)  records relating to assistance provided for
  learning difficulties, including information collected regarding
  any intervention strategies used with the child; and
               (12)  records relating to library materials checked out
  by the child from a school library.
         SECTION 14.  Section 26.006, Education Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  Each school district and open-enrollment charter school
  shall post on the home page of the district's or school's Internet
  website a notice stating that a parent of a student enrolled in the
  district or school is entitled to review the materials described by
  Subsection (a)(1) and may request that the district or school make
  the materials available for review as provided by this section.
         SECTION 15.  Chapter 26, Education Code, is amended by
  adding Sections 26.0062 and 26.0071 to read as follows:
         Sec. 26.0062.  REQUIRED DISCLOSURE REGARDING INSTRUCTIONAL
  PLAN.  (a)  Each school district shall adopt a policy to make
  available on the district's Internet website at the beginning of
  each semester an instructional plan or course syllabus for each
  class offered in the district for that semester.
         (b)  The policy adopted under Subsection (a) must:
               (1)  require each teacher to provide before the
  beginning of each semester a copy of the teacher's instructional
  plan or course syllabus for each class for which the teacher
  provides instruction to:
                     (A)  district administration; and
                     (B)  the parent of each student enrolled in the
  class; and
               (2)  provide for additional copies of an instructional
  plan or course syllabus to be made available to a parent of a
  student enrolled in the class on the parent's request.
         Sec. 26.0071.  PARENTAL ENGAGEMENT POLICY.  Each board of
  trustees of a school district shall develop a parental engagement
  policy that:
               (1)  provides for an Internet portal through which
  parents of students enrolled in the district may submit comments to
  campus or district administrators and the board;
               (2)  requires the board to prioritize public comments
  by presenting those comments at the beginning of each board
  meeting; and
               (3)  requires board meetings to be held outside of
  typical work hours.
         SECTION 16.  Section 26.008, Education Code, is amended to
  read as follows:
         Sec. 26.008.  RIGHT TO FULL INFORMATION CONCERNING STUDENT.  
  (a)  Except as provided by Section 38.004, a [A] parent is entitled
  to:
               (1)  full information regarding the school activities
  of a parent's child; and
               (2)  notification not later than one school business
  day after the date a school district employee first suspects that a
  criminal offense has been committed against the parent's child 
  [except as provided by Section 38.004].
         (b)  An attempt by any school district employee to encourage
  or coerce a child to withhold information from the child's parent is
  grounds for discipline under Section 21.104, 21.156, or 21.211, as
  applicable, or by the State Board for Educator Certification, if
  applicable.
         SECTION 17.  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 AND HEALTH-RELATED SERVICES.  (a)
  The agency shall adopt a procedure for school districts to notify
  the parent of a student enrolled in the district regarding any
  change in services provided to or monitoring of the student related
  to the student's mental, emotional, or physical health or
  well-being.
         (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 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;
               (2)  encourages or has the effect of encouraging a
  student to withhold from the student's parent information described
  by Subdivision (1)(A); or
               (3)  prevents a parent from accessing education or
  health records concerning the parent's child.
         (d)  Subsections (a) 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)  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 (e).
         (h)  Before administering a student well-being questionnaire
  or health screening form to a student enrolled in prekindergarten
  through 12th grade, a school district must provide a copy of the
  questionnaire or form to the student's parent and obtain the
  parent's consent to administer the questionnaire or form in the
  manner provided by Section 26.009(a-2).
         (i)  This section may not be construed to:
               (1)  limit or alter the requirements of Section 38.004
  of this code or Chapter 261, Family Code; or
               (2)  limit a school district employee's ability to
  inquire about a student's daily well-being without parental
  consent.
         (j)  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.
         (k)  Subsection (j) and this subsection expire September 1,
  2027.
         SECTION 18.  Section 26.009, Education Code, is amended to
  read as follows:
         Sec. 26.009.  CONSENT REQUIRED FOR CERTAIN ACTIVITIES.  
  (a)  An employee or contractor of a school district must obtain the
  written consent of a child's parent in the manner required by
  Subsection (a-2) before the employee or contractor may:
               (1)  conduct a psychological or psychiatric 
  examination or[,] test, or psychological or psychiatric treatment,
  unless the examination, test, or treatment is required under
  Section 38.004 or state or federal law regarding requirements for
  special education; [or]
               (2)  subject to Subsection (b), make or authorize the
  making of a videotape of a child or record or authorize the
  recording of a child's voice;
               (3)  unless authorized by other law:
                     (A)  disclose a child's health or medical
  information to any person other than the child's parent; or
                     (B)  collect, use, store, or disclose to any
  person other than the child's parent a child's biometric
  identifiers; or
               (4)  subject to Subsection (a-3), provide health care
  services or medication or conduct a medical procedure.
         (a-1)  For purposes of Subsection (a):
               (1)  "Biometric identifier" means a blood sample, hair
  sample, skin sample, DNA sample, body scan, retina or iris scan,
  fingerprint, voiceprint, or record of hand or face geometry.
               (2)  "Psychological or psychiatric examination or
  test" means a method designed to elicit information regarding an
  attitude, habit, trait, opinion, belief, feeling, or mental
  disorder or a condition thought to lead to a mental disorder,
  regardless of the manner in which the method is presented or
  characterized, including a method that is presented or
  characterized as a survey, check-in, or screening or is embedded in
  an academic lesson.
               (3)  "Psychological or psychiatric treatment" means
  the planned, systematic use of a method or technique that is
  designed to affect behavioral, emotional, or attitudinal
  characteristics of an individual or group.
         (a-2)  Written consent for a parent's child to participate in
  a district activity described by Subsection (a) must be signed by
  the parent and returned to the district.  A child may not
  participate in the activity unless the district receives the
  parent's signed written consent to that activity.
         (a-3)  For the purpose of obtaining written consent for
  actions described by Subsection (a)(4) that are determined by a
  school district to be routine care provided by a person who is
  authorized by the district to provide physical or mental
  health-related services, the district may obtain consent at the
  beginning of the school year or at the time of the child's
  enrollment in the district.  Unless otherwise provided by a child's
  parent, written consent obtained in accordance with this subsection
  is  effective until the end of the school year in which the consent
  was obtained.
         (b)  An employee or contractor of a school district is not
  required to obtain the consent of a child's parent before the
  employee or contractor may make a videotape of a child or authorize
  the recording of a child's voice if the videotape or voice recording
  is to be used only for:
               (1)  purposes of safety, including the maintenance of
  order and discipline in common areas of the school or on school
  buses;
               (2)  a purpose related to a cocurricular or
  extracurricular activity;
               (3)  a purpose related to regular classroom
  instruction;
               (4)  media coverage of the school; or
               (5)  a purpose related to the promotion of student
  safety under Section 29.022.
         (c)  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 any actions the district
  may take involving the authorized collection, use, or storage of
  information as described by Subsection (a)(3).  The notice must:
               (1)  include a plain language explanation for the
  district's collection, use, or storage of the child's information
  and the district's legal authority to engage in that collection,
  use, or storage; and
               (2)  be signed by the parent and returned to the
  district.
         (d)  A school district shall take disciplinary action
  against an employee responsible for allowing a child to participate
  in an activity described by Subsection (a)(4) if the district did
  not obtain a parent's consent for the child's participation in that
  activity.
         (e)  A school district shall retain the written informed
  consent of a child's parent obtained under this section as part of
  the child's education records.
         (f)  Nothing in this section may be construed to:
               (1)  require an employee or contractor of a school
  district to obtain the written consent of a child's parent before
  verbally asking the child about the child's general well-being; or
               (2)  affect the duty to report child abuse or neglect
  under Chapter 261, Family Code, or an investigation of a report of
  abuse or neglect under that chapter.
         SECTION 19.  Section 26.011, Education Code, is amended to
  read as follows:
         Sec. 26.011.  GRIEVANCES [COMPLAINTS].  (a)  The board of
  trustees of each school district shall adopt a grievance procedure
  that complies with Chapter 26A under which the board shall address
  each grievance [complaint] that the board receives concerning
  violation of a right guaranteed by this chapter, of a board of
  trustees policy, or of a provision of this title.
         (b)  The board of trustees of a school district is not
  required by Subsection (a) or Section 11.1511(b)(13) to address a
  grievance [complaint] that the board receives concerning a
  student's participation in an extracurricular activity that does
  not involve a violation of a right guaranteed by this chapter, of a
  board of trustees policy, or of a provision of this title.  This
  subsection does not affect a claim brought by a parent under the
  Individuals with Disabilities Education Act (20 U.S.C. Section 1400
  et seq.) or a successor federal statute addressing special
  education services for a child with a disability.
         SECTION 20.  Subtitle E, Title 2, Education Code, is amended
  by adding Chapter 26A to read as follows:
  CHAPTER 26A.  GRIEVANCE POLICY
         Sec. 26A.001.  GRIEVANCE POLICY.  (a)  The board of trustees
  of a school district shall adopt a grievance policy to address
  grievances received by the district.
         (b)  The policy must provide for the following levels of
  review, subject to Subsection (c):
               (1)  review by:
                     (A)  the principal of the school district campus
  at which the grievance is filed or the principal's designee; or
                     (B)  for a grievance that arises from subject
  matter unrelated to a campus, an administrator at the school
  district's central office;
               (2)  if established by the policy, an appeal to an
  administrator at the school district's central office;
               (3)  an appeal to the superintendent of the school
  district or the superintendent's designee; and
               (4)  an appeal to the board of trustees of the school
  district.
         (c)  A review or appeal on a grievance must be conducted by a
  person with the authority to address the grievance unless a
  preliminary hearing is necessary to develop a record or a
  recommendation for the board of trustees of the school district.
         (d)  The board of trustees of a school district may delegate
  the authority to hear and decide a grievance to a committee of at
  least three members composed only of members of the board of
  trustees.  For purposes of an appeal to the commissioner under
  Section 7.057, a decision by the committee is a decision of the
  board of trustees.   Subsection (e) applies to the committee in the
  same manner as that subsection applies to the board of trustees.
         (e)  The policy must:
               (1)  prohibit the board of trustees of the school
  district or a district employee from retaliating against a student
  or parent of or person standing in parental relation to a student
  who files a grievance in accordance with the policy;
               (2)  require a person involved in reviewing a grievance
  under the policy to recuse himself or herself from reviewing the
  grievance if the person is the subject of the grievance;
               (3)  provide for a higher level of review under
  Subsection (b) if the person who would otherwise review the
  grievance is required to recuse himself or herself under
  Subdivision (2);
               (4)  provide for the creation and retention of a record
  of each hearing on the grievance, including:
                     (A)  documents submitted by the person who filed
  the grievance or determined relevant by school district personnel;
  and
                     (B)  a written record of the decision, including
  an explanation of the basis for the decision and an indication of
  each document that supports the decision;
               (5)  allow the person who filed the grievance to
  supplement the record with additional documents or add additional
  claims;
               (6)  allow for a member of the board of trustees of the
  school district to file a grievance with the district, but prohibit
  the member from voting on matters related to that grievance;
               (7)  allow for a remand to a lower level of review under
  Subsection (b) to develop a record at any time, including at the
  board of trustees level of review;
               (8)  require the school district to direct a grievance
  that is filed with the incorrect administrator to the appropriate
  administrator and consider the grievance filed on the date on which
  the grievance was initially filed;
               (9)  require the school district to issue a decision on
  the merits of the concern raised in the grievance, notwithstanding
  procedural errors or the type of relief requested;
               (10)  unless otherwise required by law, allow for a
  hearing or meeting at which the grievance will be discussed to be
  open or closed at the request of the person who filed the grievance;
  and
               (11)  for a grievance before the board of trustees of
  the school district, require that:
                     (A)  the person who filed the grievance be
  provided at least five business days before the date on which the
  meeting to discuss the grievance will be held a description of any
  information the board of trustees intends to rely on that is not
  contained in the record; and
                     (B)  the meeting at which the grievance is
  discussed be recorded by video or audio recording or by transcript
  created by a certified court reporter.
         (f)  If a grievance is appealed to the commissioner under
  Section 7.057, the commissioner may:
               (1)  investigate an alleged violation of state or
  federal law regarding the confidentiality of student information,
  including the Family Educational Rights and Privacy Act of 1974 (20
  U.S.C. Section 1232g), relating to the grievance;
               (2)  collaborate with relevant federal agencies in an
  investigation described by Subdivision (1); and
               (3)  take any action necessary to compel the school
  district, the board of trustees of the district, or a district
  employee to comply with law described by Subdivision (1).
         (g)  Each school district shall annually submit to the agency
  a report on grievances filed in the district during the preceding
  year.  The report must include for each grievance the resolution of
  the grievance and any corrective action taken.
         (h)  Not later than December 1 of each year, the agency shall
  post on the agency's Internet website a report on grievances filed
  in school districts during the preceding year.  The report must
  aggregate the data statewide and state:
               (1)  the number of grievances filed;
               (2)  the number of grievances resolved and the
  resolution of those grievances; and
               (3)  any corrective actions taken.
         (i)  If the commissioner determines that a school district
  educator has retaliated against a student or parent of or person
  standing in parental relation to a student in violation of
  Subsection (e)(1), the commissioner may report the educator to the
  State Board for Educator Certification for investigation.
         Sec. 26A.002.  TIMELINES FOR FILING AND APPEAL.  The policy
  adopted under Section 26A.001 must:
               (1)  provide at least:
                     (A)  for a grievance filed by a parent of or person
  standing in parental relation to a student enrolled in the school
  district:
                           (i)  60 days to file a grievance from the
  date on which the parent or person knew or had reason to know of the
  facts giving rise to the grievance; or
                           (ii)  if the parent or person engaged in
  informal attempts to resolve the grievance, the later of 90 days to
  file a grievance from the date described by Subparagraph (i) or 30
  days to file a grievance from the date on which the district
  provided information to the parent or person regarding how to file
  the grievance; and
                     (B)  20 days to file an appeal after the date on
  which a decision on the grievance was made;
               (2)  for a hearing that is not before the board of
  trustees of the school district, require:
                     (A)  the district to hold a hearing not later than
  the 10th day after the date on which the grievance or appeal was
  filed; and
                     (B)  a written decision to be made not later than
  the 20th day after the date on which the hearing was held that
  includes:
                           (i)  any relief or redress to be provided;
  and
                           (ii)  information regarding filing an
  appeal, including the timeline to appeal under this section and
  Section 7.057, if applicable; and
               (3)  for a hearing before the board of trustees of the
  school district, require the board of trustees to:
                     (A)  hold a meeting to discuss the grievance not
  later than the 60th day after the date on which the previous
  decision on the grievance was made; and
                     (B)  make a decision on the grievance not later
  than the 30th day after the date on which the meeting is held under
  Paragraph (A).
         Sec. 26A.003.  POSTING OF PROCEDURES AND FORMS.  (a)  The
  board of trustees of a school district shall develop, make publicly
  available in a prominent location on the district's Internet
  website, and include in the district's student handbook:
               (1)  procedures for resolving grievances;
               (2)  standardized forms for filing a grievance, a
  notice of appeal, or a request for a hearing under this chapter; and
               (3)  the method by which a grievance may be filed
  electronically.
         (b)  A school district shall ensure that a grievance may be
  submitted electronically at the location on the district's Internet
  website at which the information described by Subsection (a) is
  available.
         (c)  A school district shall submit and make accessible to
  the agency the location on the district's Internet website at which
  the information described by Subsection (a) is available.
         Sec. 26A.004.  TESTIMONY BEFORE STATE BOARD OF EDUCATION.
  If the commissioner finds against a school district under Section
  7.057 in at least five grievances to which that section applies
  involving the district during a school year, the superintendent of
  the school district must appear before the State Board of Education
  to testify regarding the commissioner's findings and the frequency
  of grievances against the district.
         SECTION 21.  Section 28.002, Education Code, is amended by
  adding Subsection (c-6) to read as follows:
         (c-6)  The State Board of Education may not adopt standards
  in violation of Section 28.0043.
         SECTION 22.  Section 28.0022, Education Code, is amended by
  amending Subsection (f) and adding Subsection (h) to read as
  follows:
         (f)  This section does not create a private cause of action
  against a teacher, administrator, or other employee of a school
  district or open-enrollment charter school.  [A school district or
  open-enrollment charter school may take appropriate action
  involving the employment of any teacher, administrator, or other
  employee based on the individual's compliance with state and
  federal laws and district policies.]
         (h)  A school district or open-enrollment charter school
  shall adopt a policy and procedure for the appropriate discipline,
  including termination, of a district or school employee or
  contractor who intentionally or knowingly engages in or assigns to
  another person an act prohibited by this section.  The district or
  school shall provide a physical and electronic copy of the policy
  and procedure to each district or school employee or contractor.
         SECTION 23.  Section 28.004, Education Code, is amended by
  adding Subsection (i-2) to read as follows:
         (i-2)  Before a student may be provided with human sexuality
  instruction, a school district must obtain the written consent of
  the student's parent.  A request for written consent under this
  subsection:
               (1)  may not be included with any other notification or
  request for written consent provided to the parent, other than the
  notice provided under Subsection (i); and
               (2)  must be provided to the parent not later than the
  14th day before the date on which the human sexuality instruction
  begins.
         SECTION 24.  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)  A school district,
  open-enrollment charter school, or district or charter school
  employee may not provide or allow a third party to provide
  instruction, guidance, activities, or programming regarding sexual
  orientation or gender identity to students enrolled in
  prekindergarten through 12th grade.
         (b)  This section may not be construed to:
               (1)  limit a student's ability to engage in speech or
  expressive conduct protected by the First Amendment to the United
  States Constitution or by Section 8, Article I, Texas Constitution,
  that does not result in material disruption to school activities;
               (2)  limit the ability of a person who is authorized by
  the district to provide physical or mental health-related services
  to provide the services to a student, subject to any required
  parental consent; or
               (3)  prohibit an organization whose membership is
  restricted to one sex and whose mission does not advance a political
  or social agenda from meeting on a school district or
  open-enrollment charter school campus.
         SECTION 25.  The heading to Section 28.022, Education Code,
  is amended to read as follows:
         Sec. 28.022.  NOTICE TO PARENT OF UNSATISFACTORY
  PERFORMANCE; CONFERENCES.
         SECTION 26.  Section 28.022(a), Education Code, is amended
  to read as follows:
         (a)  The board of trustees of each school district shall
  adopt a policy that:
               (1)  provides for at least two opportunities for
  in-person conferences during each school year [a conference]
  between each parent of a child enrolled in the district and the
  child's [parents and] teachers;
               (2)  requires the district, at least once every 12
  weeks, to give written notice to a parent of a student's performance
  in each class or subject; and
               (3)  requires the district, at least once every three
  weeks, or during the fourth week of each nine-week grading period,
  to give written notice to a parent or legal guardian of a student's
  performance in a subject included in the foundation curriculum
  under Section 28.002(a)(1) if the student's performance in the
  subject is consistently unsatisfactory, as determined by the
  district.
         SECTION 27.  Subchapter D, Chapter 33, Education Code, is
  amended by adding Section 33.0815 to read as follows:
         Sec. 33.0815.  CERTAIN REQUIREMENTS FOR STUDENT CLUBS.  (a)  
  Subject to Subsection (b), a school district or open-enrollment
  charter school may authorize or sponsor a student club.
         (b)  A school district or open-enrollment charter school may
  not authorize or sponsor a student club based on sexual orientation
  or gender identity.
         (c)  A school district or open-enrollment charter school
  must require the written consent of the parent of or person standing
  in parental relation to a student enrolled in the district or school
  before the student may participate in a student club authorized or
  sponsored under Subsection (a) at the district or school.
         SECTION 28.  Subchapter A, Chapter 39, Education Code, is
  amended by adding Section 39.008 to read as follows:
         Sec. 39.008.  CERTIFICATION OF COMPLIANCE WITH CERTAIN LAWS
  REQUIRED.  (a)  Not later than September 30 of each year, the
  superintendent of a school district or open-enrollment charter
  school shall certify to the agency that the district or school is in
  compliance with this section and Sections 11.005 and 28.0022.
         (b)  The certification required by Subsection (a) must:
               (1)  be:
                     (A)  approved by a majority vote of the board of
  trustees of the school district or the governing body of the
  open-enrollment charter school at a public meeting that includes an
  opportunity for public testimony and for which notice was posted on
  the district's or school's Internet website at least seven days
  before the date on which the meeting is held; and
                     (B)  submitted electronically to the agency; and
               (2)  include:
                     (A)  a description of the policies and procedures
  required by Sections 11.005(c) and 28.0022(h) and the manner in
  which district or school employees and contractors were notified of
  those policies and procedures;
                     (B)  any existing policies, programs, procedures,
  or trainings that were altered to ensure compliance with this
  section or Section 11.005 or 28.0022; and
                     (C)  any cost savings resulting from actions taken
  by the school district or open-enrollment charter school to comply
  with this section.
         (c)  The agency shall post each certification received under
  Subsection (a) on the agency's Internet website.
         SECTION 29.  Section 12A.004(a), Education Code, as amended
  by this Act, applies to a local innovation plan adopted or renewed
  before, on, or after the effective date of this Act.
         SECTION 30.  This Act applies beginning with the 2025-2026
  school year.
         SECTION 31.  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.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I hereby certify that S.B. No. 12 passed the Senate on
  March 19, 2025, by the following vote:  Yeas 20, Nays 11;
  May 28, 2025, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 29, 2025, House
  granted request of the Senate; May 31, 2025, Senate adopted
  Conference Committee Report by the following vote:  Yeas 20,
  Nays 11.
  ______________________________
  Secretary of the Senate    
         I hereby certify that S.B. No. 12 passed the House, with
  amendments, on May 25, 2025, by the following vote:  Yeas 88,
  Nays 47, three present not voting; May 29, 2025, House granted
  request of the Senate for appointment of Conference Committee;
  May 31, 2025, House adopted Conference Committee Report by the
  following vote:  Yeas 77, Nays 40, two present not voting.
  ______________________________
  Chief Clerk of the House   
  Approved:
  ______________________________ 
             Date
  ______________________________ 
            Governor