Bill Summary – FastDemocracy

      
		By: Frank
            H.B. No. 5261
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to public education, including parental rights and public 
         
            school responsibilities regarding instructional materials and the 
         
            establishment of an education savings account program.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
            ARTICLE 1. PARENTAL RIGHTS, SCHOOL LIBRARIES, AND CURRICULUM
         
                   SECTION 1.001.  Chapter 1, Education Code, is amended by 
         
            adding Section 1.009 to read as follows:
         
                   Sec. 1.009.  INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.  
         
            The rights granted to parents under 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 student; and
         
                         (2)  narrowly tailored using the least restrictive 
         
            means to achieve that compelling state interest.
         
                   SECTION 1.002.  Section 7.057(a), Education Code, is amended 
         
            to read as follows:
         
                   (a)  Except as provided by Subsection (e), a person may 
         
            appeal in writing to the commissioner if the person is aggrieved by:
         
                         (1)  the school laws of this state; or
         
                         (2)  actions or decisions of any school district board 
         
            of trustees that violate:
         
                               (A)  the school laws of this state; [or]
         
                               (B)  a provision of a written employment contract 
         
            between the school district and a school district employee, if a 
         
            violation causes or would cause monetary harm to the employee; or
         
                               (C)  the grievance procedure adopted by the school 
         
            district under Section 26.011.
         
                   SECTION 1.003.  Section 11.161, Education Code, is amended 
         
            to read as follows:
         
                   Sec. 11.161.  FRIVOLOUS SUIT OR PROCEEDING. 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 is frivolous, unreasonable, and without foundation; and
         
                         (2)  the suit or proceeding is dismissed or judgment is 
         
            for the defendant.
         
                   SECTION 1.004.  Section 25.035, Education Code, is amended 
         
            to read as follows:
         
                   Sec. 25.035.  TRANSFERS BETWEEN DISTRICTS OR COUNTIES.  (a) 
         
            The boards of trustees of two or more [adjoining] school districts 
         
            or the boards of county school trustees of two or more [adjoining] 
         
            counties may, [by agreement and] in accordance with Sections 
         
            25.032, 25.033, and 25.034, arrange for the transfer and assignment 
         
            of any student from the jurisdiction of one board to that of 
         
            another. [In the case of the transfer and assignment of a student 
         
            under this section, the participating governing boards shall also 
         
            agree to the transfer of school funds or other payments 
         
            proportionate to the transfer of attendance.]
         
                   (b)  A school district may deny approval of a transfer under 
         
            this section 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;
         
                         (2)  at the time a student seeks to transfer, the 
         
            student is suspended or expelled by the district in which the 
         
            student is enrolled; or
         
                         (3)  approving the transfer would supersede a 
         
            court-ordered desegregation plan.
         
                   (c)  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:
         
Statutes affected: 
Introduced: Education Code 7.057, Education Code 11.161, Education Code 25.035, Education Code 26.001, Education Code 26.004, Education Code 26.008, Education Code 26.009, Education Code 26.011, Education Code 28.002, Education Code 26.006, Education Code 22.092, Government Code 411.109 (Education Code 26, Education Code 28, Education Code 7, Education Code 11, Government Code 411, Education Code 25, Education Code 22)



	A BILL TO BE ENTITLED
	AN ACT
	relating to public education, including parental rights and public
	school responsibilities regarding instructional materials and the
	establishment of an education savings account program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. PARENTAL RIGHTS, SCHOOL LIBRARIES, AND CURRICULUM
	SECTION 1.001. Chapter 1, Education Code, is amended by
	adding Section 1.009 to read as follows:
	Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
	The rights granted to parents under 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 student; and
	(2) narrowly tailored using the least restrictive
	means to achieve that compelling state interest.
	SECTION 1.002. Section 7.057(a), Education Code, is amended
	to read as follows:
	(a) Except as provided by Subsection (e), a person may
	appeal in writing to the commissioner if the person is aggrieved by:
	(1) the school laws of this state; or
	(2) actions or decisions of any school district board
	of trustees that violate:
	(A) the school laws of this state; [or]
	(B) a provision of a written employment contract
	between the school district and a school district employee, if a
	violation causes or would cause monetary harm to the employee; or
	(C) the grievance procedure adopted by the school
	district under Section 26.011.
	SECTION 1.003. Section 11.161, Education Code, is amended
	to read as follows:
	Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. 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 is frivolous, unreasonable, and without foundation; and
	(2) the suit or proceeding is dismissed or judgment is
	for the defendant.
	SECTION 1.004. Section 25.035, Education Code, is amended
	to read as follows:
	Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a)
	The boards of trustees of two or more [~~adjoining~~] school districts
	or the boards of county school trustees of two or more [~~adjoining~~]
	counties may, [~~by agreement and~~] in accordance with Sections
	25.032, 25.033, and 25.034, arrange for the transfer and assignment
	of any student from the jurisdiction of one board to that of
	another. [~~In the case of the transfer and assignment of a student~~
	~~under this section, the participating governing boards shall also~~
	~~agree to the transfer of school funds or other payments~~
	~~proportionate to the transfer of attendance.~~]
	(b) A school district may deny approval of a transfer under
	this section 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;
	(2) at the time a student seeks to transfer, the
	student is suspended or expelled by the district in which the
	student is enrolled; or
	(3) approving the transfer would supersede a
	court-ordered desegregation plan.
	(c) 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:
Statutes affected: Introduced: Education Code 7.057, Education Code 11.161, Education Code 25.035, Education Code 26.001, Education Code 26.004, Education Code 26.008, Education Code 26.009, Education Code 26.011, Education Code 28.002, Education Code 26.006, Education Code 22.092, Government Code 411.109 (Education Code 26, Education Code 28, Education Code 7, Education Code 11, Government Code 411, Education Code 25, Education Code 22)