By: Creighton, et al.  S.B. No. 12          (In the Senate - Filed February 24, 2025; February 24, 2025,   read first time and referred to Committee on Education K-16;   March 17, 2025, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 8, Nays 2; March 17, 2025,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 12 By:  Paxton     A BILL TO BE ENTITLED   AN ACT     relating to parental rights in public education, to certain public   school requirements and prohibitions regarding instruction and   diversity, equity, and inclusion duties, 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 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)  Nothing in this section may be construed to:                (1)  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;                (2)  affect a student's rights under the First   Amendment to the United States Constitution or Section 8, Article   I, Texas Constitution;                (3)  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                (4)  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.  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.          SECTION 5.  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; and                      (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.          SECTION 6.  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 7.  Section 25.001(h), Education Code, is amended to   read as follows:          (h)  In addition to the penalty provided by Section 37.10,   Penal Code, a person who knowingly falsifies information on a form   required for enrollment of a student in a school district is liable   to the district if the student is not eligible for enrollment in the   district but is enrolled on the basis of the false information.  The   person is liable, for the period during which the ineligible   student is enrolled, for [the greater of:                [(1)  the maximum tuition fee the district may charge   under Section 25.038; or                [(2)]  the amount the district has budgeted for each   student as maintenance and operating expenses.          SECTION 8.  Section 25.036, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsections (d), (e),   (f), (g), (h), (i), and (j) to read as follows:          (a)  Any child, other than a high school graduate, who is   younger than 21 years of age and eligible for enrollment on   September 1 of any school year may apply to transfer for in-person   instruction [annually] from the child's school district of   residence to another district in this state [if both the receiving   district and the applicant parent or guardian or person having   lawful control of the child jointly approve and timely agree in   writing to the transfer].          (b)  A transfer application [agreement] under this section   shall be filed and preserved as a receiving district record for   audit purposes of the agency.          (d)  A school district may deny approval of a transfer under   this section only if:                 (1)  the district or a school in the district to which a   student seeks to transfer is at full student capacity or has more   requests for transfers than available positions after the district   has filled available positions in accordance with Subsection (f)   and has satisfied the requirements provided under Subsection (g);                (2)  before the application deadline for the applicable   school year, the district adopted a policy that provides for the   exclusion of a student who has a documented history of a criminal   offense, a juvenile court adjudication, or discipline problems   under Subchapter A, Chapter 37, and the student meets the   conditions for exclusion under the policy; or                (3)  approving the transfer would supersede a   court-ordered desegregation plan.          (e)  For the purpose of determining whether a school in a   school district is at full student capacity under Subsection   (d)(1), the district may not consider equity as a factor in the   district's decision-making process.          (f)  A school district that has more applicants for transfer   under this section than available positions must fill the available   positions by lottery and must give priority to applicants in the   following order:                (1)  students who are dependents of an employee of the   receiving district; and                (2)  students:                      (A)  receiving special education services under   Subchapter A, Chapter 29;                      (B)  who are dependents of military personnel;                      (C)  who are dependents of law enforcement   personnel;                      (D)  in foster care;                      (E)  who are the subject of court-ordered   modification of an order establishing conservatorship or   possession and access; or                      (F)  who are siblings of a student who is enrolled   in the receiving district at the time the student seeks to transfer.          (g)  A school district may deny approval of a transfer under   Subsection (d)(1) only if:                (1)  the district publishes and annually updates the   district's full student capacity by campus; and                (2)  the district campus to which the student seeks to   transfer is determined to be at capacity based on the information   reported under Section 7.0611 to the agency.          (h)  Except as provided by other law, a receiving school   district may, but is not required to, provide transportation to a   student who transfers to the receiving district under this section.          (i)  A receiving school district may revoke, at any time   during the school year, the approval of the student's transfer only   if:                (1)  the student engages in conduct:                      (A)  for which a student is required or permitted   to be removed from class and placed in a disciplinary alternative   education program under Section 37.006; or                      (B)  for which a student is required or permitted   to be expelled from school under Section 37.007; and                (2)  before revoking approval of the student's   transfer, the district:                      (A)  ensures the student is afforded appropriate   due process and complies with any requirements of state law or   district policy relating to the expulsion of a student to the same   extent as if the student were being expelled under Section 37.007;   and                      (B)  if the student is a child with a disability   under the Individuals with Disabilities Education Act (20 U.S.C.   Section 1400 et seq.), or the district suspects or has a reason to   suspect that the student may be a child with a disability, complies   with all federal and state requirements regarding revoking the   approval of the student's transfer.          (j)  Except as provided by Subsection (i), a student who   transfers under this section may remain enrolled in the receiving   district until the earlier of the date on which:                (1)  the student graduates from high school; or                (2)  the student is no longer eligible to attend a   public school under Section 25.001.          SECTION 9.  Section 25.038, Education Code, is amended to   read as follows:          Sec. 25.038.  TUITION FEE FOR TRANSFER STUDENTS PAID BY   SCHOOL DISTRICT.  (a) Except as provided by Subsection (b), a   [The] receiving school district may charge a tuition fee to another   school district, if the receiving district has contracted with the   other district to educate the other district's students, to the   extent that the district's actual expenditure per student in   average daily attendance, as determined by its board of trustees,   exceeds the sum the district benefits from state aid sources as   provided by Section 25.037.  However, unless a tuition fee is   prescribed and set out in a transfer agreement before its execution   by the parties, an increase in tuition charge may not be made for   the year of that transfer that exceeds the tuition charge, if any,   of the preceding school year.          (b)  A school district may not charge a tuition fee under   this section for a student transfer authorized under Section   25.036.          SECTION 10.  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 local 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 11.  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 12.  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.          SECTION 13.  Chapter 26, Education Code, is amended by   adding Section 26.0071 to read as follows:          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 14.  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 15.  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.          (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 16.  Section 26.009, Education Code, is amended by   amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),   (c), and (d) to read as follows:          (a)  An employee 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 may:                (1)  conduct a psychological examination, test, or   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), "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.          (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.          (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.          SECTION 17.  Section 26.011, Education Code, is amended to   read as follows:          Sec. 26.011.  LOCAL GRIEVANCE PROCEDURE [COMPLAINTS].   (a)  The board of trustees of each school district shall adopt a   grievance procedure under which the board shall:                (1)  address each grievance [complaint] that the board   receives concerning a violation of the prohibition under Section   11.005 or of a right guaranteed by Section 1.009 or this chapter if   the grievance is filed not later than six school weeks after the   date on which the parent received notice of an incident giving rise   to the grievance;                (2)  allow a parent at any time before a final decision   by the board to provide additional evidence regarding the parent's   grievance; and                (3)  allow a parent to file more than one grievance at   the same time.          (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.  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.          (c)  The board of trustees of a school district shall ensure   a grievance procedure adopted under Subsection (a):                (1)  authorizes a parent to file a grievance with the   principal of the district campus the parent's child attends or the   person designated by the district to receive grievances for that   campus;                (2)  requires that a principal or the person designated   by the district to receive grievances for a campus:                      (A)  acknowledge receipt of a grievance under   Subdivision (1) not later than two school business days after   receipt of the grievance; and                      (B)  not later than the 14th school business day   after receipt of a grievance described by Subdivision (1), provide   to the parent who submitted the grievance written documentation of   the decision regarding the issue that gave rise to the grievance,   including:                            (i)  an explanation of the findings that   contributed to the decision;                            (ii)  notification regarding the parent's   right to appeal the decision; and                            (iii)  the timeline for appealing the   decision;                (3)  requires that, if a parent appeals a decision   under Subdivision (2) not later than the 14th school business day   after receiving notice of the decision, the superintendent or the   superintendent's designee provide to the parent not later than the   14th school business day after receipt of the appeal written   documentation of the decision regarding the issue that gave rise to   the grievance, including:                      (A)  an explanation of the findings that   contributed to the decision;                      (B)  notification regarding the parent's right to   appeal the decision; and                      (C)  the timeline for appealing the decision;                (4)  requires that, if a parent appeals a decision   under Subdivision (3) not later than the 14th school business day   after receiving notice of the decision, the board hear the   grievance in a closed session at the board's next regular meeting   that occurs on or after the 14th school business day after the date   the board receives notice of the appeal;                (5)  requires that, not later than the 10th school   business day after the date of a board meeting described by   Subdivision (4), the board provide to the parent written   documentation of the board's decision regarding the issue that gave   rise to the grievance, including notice that the parent may appeal   to the commissioner in writing under Section 7.057, if applicable;                (6)  requires a person responsible for reviewing a   grievance under the procedure to recuse himself or herself from   reviewing the grievance if the person is the subject of the   grievance; and                (7)  provides for a review by the next person to whom   the grievance would be appealed if the person who would otherwise   review the grievance is required to recuse himself or herself under   Subdivision (6).          (d)  The parties may mutually agree to adjust the timeline   for the procedure under this section.          (e)  Notwithstanding Subsection (d), if a grievance   submitted under this section involves an employee who is on   documented leave that is scheduled to begin or has begun before the   grievance is submitted, the school district may alter the timeline   for the procedure under this section to make a reasonable   accommodation for the employee's leave. The district must provide   notice of the change to the parent who submitted the grievance.          SECTION 18.  Chapter 26, Education Code, is amended by   adding Sections 26.0111 and 26.0112 to read as follows:          Sec. 26.0111.  GRIEVANCE HEARING BEFORE HEARING EXAMINER.   (a)  This section applies only to a grievance regarding a violation   of:                (1)  Section 11.005, 28.0022, 28.004, or 28.0043 or   Chapter 38 or the implementation of those provisions by a school   district; or                (2)  Chapter 551, Government Code, involving school   district personnel.          (b)  If a parent has exhausted the parent's options under the   local grievance procedure established by the board of trustees of a   school district under Section 26.011 regarding a grievance to which   this section applies, and the grievance is not resolved to the   parent's satisfaction, the parent may file a written request with   the commissioner for a hearing before a hearing examiner under this   section not later than the 30th school business day after the date   on which the board of trustees of the district resolved the parent's   grievance under Section 26.011. The parent must provide the   district with a copy of the request and must provide the   commissioner with a copy of the district's resolution of the   grievance. The parties may agree in writing to extend by not more   than 10 school business days the deadline for requesting a hearing.          (c)  The commissioner shall assign a hearing examiner to   review the grievance in the manner provided by Section 21.254.  The   hearing examiner has the powers described by Sections 21.255 and   21.256 and shall conduct the hearing in the manner provided by those   sections as if the parent were a teacher.          (d)  Not later than the 60th business day after the date on   which the commissioner receives a parent's written request for a   hearing, the hearing examiner shall complete the hearing and make a   written determination that includes findings of fact and   conclusions of law. The hearing examiner's determination is final   and may not be appealed.          (e)  Sections 21.257(c), (d), and (e) apply to a hearing   under this section in the same manner as a hearing conducted under   Subchapter F, Chapter 21.          (f)  The costs of the hearing examiner, the court reporter,   the original hearing transcript, and any hearing room costs, if the   hearing room is not provided by the school district, shall be paid   by the school district if the hearing examiner finds in favor of the   parent.          (g)  Notwithstanding Subsection (d), if a parent fails to   appear at a hearing under this section, the hearing examiner is not   required to complete the hearing and may not find in favor of the   parent.          Sec. 26.0112.  TESTIMONY BEFORE STATE BOARD OF EDUCATION.   If a hearing examiner finds against a school district under Section   26.0111 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 hearing examiner's findings and the   frequency of grievances against the district.          SECTION 19.  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 20.  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 21.  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 22.  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 limit:                (1)  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;   or                (2)  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.          SECTION 23.  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 24.  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 25.  Subchapter D, Chapter 33, Education Code, is   amended by adding Section 33.0815 to read as follows:          Sec. 33.0815.  STUDENT CLUBS; CERTAIN CLUBS PROHIBITED. (a)   A school district or open-enrollment charter school shall 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 at the district or school.          (b)  A school district or open-enrollment charter school   staff member may serve as the sponsor of a student club based on   race, sex, color, or ethnicity in a supervisory capacity only and   may not provide instruction on any topic in that capacity.          (c)  A school district or open-enrollment charter school may   not authorize or sponsor a student club based on sexual orientation   or gender identity.          SECTION 26.  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 27.  The following provisions are repealed:                (1)  Section 25.0344, Education Code, as added by   Chapter 583 (H.B. 2892), Acts of the 88th Legislature, Regular   Session, 2023; and                (2)  Section 25.0344, Education Code, as added by   Chapter 322 (H.B. 1959), Acts of the 88th Legislature, Regular   Session, 2023.          SECTION 28.  This Act applies beginning with the 2025-2026   school year.          SECTION 29.  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.     * * * * *