SB12 - 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.

      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 Subsect [Text truncated for display. Full text available on LegiScan.]