88(R) SB 393 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to parental rights in public education and prohibiting |
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instruction regarding sexual orientation or gender identity for |
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public school students; authorizing a civil remedy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 26.011, Education Code, |
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is amended to read as follows: |
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Sec. 26.011. COMPLAINTS; CIVIL REMEDY. |
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SECTION 2. Section 26.011, Education Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) A grievance procedure adopted under this section must |
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require that, not later than the 30th day after receipt of a |
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complaint described by Subsection (a), the school district: |
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(1) resolve the issue that gave rise to the complaint; |
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or |
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(2) provide to the parent who submitted the complaint |
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a written explanation of the district's reason for not resolving |
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the issue. |
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(d) If a school district does not resolve an issue described |
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by Subsection (c)(1), the parent may bring a civil action against |
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the district to obtain appropriate injunctive and declaratory |
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relief. A court may award damages and shall award reasonable |
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attorney's fees and court costs to a prevailing parent. Remedies |
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provided by this subsection are not exclusive. |
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(e) The board of trustees of each school district shall |
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adopt a policy for notifying parents of students enrolled in the |
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district regarding the grievance procedure adopted by the district |
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under this section. |
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SECTION 3. Chapter 26, Education Code, is amended by adding |
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Sections 26.0083, 26.0084, and 26.016 to read as follows: |
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Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL, |
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EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a) |
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Each school district shall adopt a procedure for notifying the |
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parent of a student enrolled in the district regarding any change |
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in: |
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(1) services provided to or monitoring of the student |
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related to the student's mental, emotional, or physical health or |
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well-being; or |
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(2) the district's ability to provide a safe and |
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supportive learning environment for the student. |
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(b) A procedure adopted under Subsection (a) must reinforce |
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the fundamental right of a parent to make decisions regarding the |
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upbringing and education of the parent's child by requiring school |
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district personnel to: |
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(1) encourage a student to discuss issues relating to |
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the student's well-being with the student's parent; or |
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(2) facilitate a discussion described under |
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Subdivision (1). |
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(c) A school district may not adopt a procedure or a student |
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support form, including a student well-being questionnaire or |
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health screening form, that: |
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(1) prohibits a district employee from notifying the |
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parent of a student regarding: |
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(A) information about the student's mental, |
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emotional, or physical health or well-being; or |
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(B) a change in services provided to or |
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monitoring of the student related to the student's mental, |
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emotional, or physical health or well-being; or |
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(2) encourages or has the effect of encouraging a |
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student to withhold from the student's parent information described |
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by Subdivision (1)(A). |
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(d) A school district employee may not discourage or |
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prohibit parental knowledge of or involvement in critical decisions |
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affecting a student's mental, emotional, or physical health or |
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well-being. |
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(e) Before the first instructional day of each school year, |
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