88(R) SB 393 - Introduced version - Bill Text

	88R4761 PRL-D
	By:  Hall	S.B.  No.  393

	A BILL TO BE ENTITLED
	AN ACT
	relating to parental rights in public education and prohibiting
	instruction regarding sexual orientation or gender identity for
	public school students; authorizing a civil remedy.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    The heading to Section 26.011, Education Code,
	is amended to read as follows:
	Sec.  26.011.    COMPLAINTS; CIVIL REMEDY.
	SECTION  2.    Section 26.011, Education Code, is amended by
	adding Subsections (c), (d), and (e) to read as follows:
	(c)    A grievance procedure adopted under this section must
	require that, not later than the 30th day after receipt of a
	complaint described by Subsection (a), the school district:
	(1)    resolve the issue that gave rise to the complaint;
	or
	(2)    provide to the parent who submitted the complaint
	a written explanation of the district's reason for not resolving
	the issue.
	(d)    If a school district does not resolve an issue described
	by Subsection (c)(1), the parent may bring a civil action against
	the district to obtain appropriate injunctive and declaratory
	relief. A court may award damages and shall award reasonable
	attorney's fees and court costs to a prevailing parent. Remedies
	provided by this subsection are not exclusive.
	(e)    The board of trustees of each school district shall
	adopt a policy for notifying parents of students enrolled in the
	district regarding the grievance procedure adopted by the district
	under this section.
	SECTION  3.    Chapter 26, Education Code, is amended by adding
	Sections 26.0083, 26.0084, and 26.016 to read as follows:
	Sec.  26.0083.    RIGHT TO INFORMATION REGARDING MENTAL,
	EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES.  (a)
	Each school district shall adopt a procedure for notifying the
	parent of a student enrolled in the district regarding any change
	in:
	(1)    services provided to or monitoring of the student
	related to the student's mental, emotional, or physical health or
	well-being; or
	(2)    the district's ability to provide a safe and
	supportive learning environment for the student.
	(b)    A procedure adopted under Subsection (a) must reinforce
	the fundamental right of a parent to make decisions regarding the
	upbringing and education of the parent's child by requiring school
	district personnel to:
	(1)    encourage a student to discuss issues relating to
	the student's well-being with the student's parent; or
	(2)    facilitate a discussion described under
	Subdivision (1).
	(c)    A school district may not adopt a procedure or a student
	support form, including a student well-being questionnaire or
	health screening form, that:
	(1)    prohibits a district employee from notifying the
	parent of a student regarding:
	(A)    information about the student's mental,
	emotional, or physical health or well-being; or
	(B)    a change in services provided to or
	monitoring of the student related to the student's mental,
	emotional, or physical health or well-being; or
	(2)    encourages or has the effect of encouraging a
	student to withhold from the student's parent information described
	by Subdivision (1)(A).
	(d)    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.
	(e)    Before the first instructional day of each school year,
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