88(R) SB 8 - Engrossed version - Bill Text

	By:  Creighton, et al.	S.B.  No.  8

	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 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 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  1.002.    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  1.003.    Section 25.036, Education Code, is amended
	to read as follows:
	Sec.  25.036.  TRANSFER OF STUDENT.    (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 for
	in-person instruction [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 approved [agreement] under this
	section shall be filed and preserved as a receiving district record
	for audit purposes of the agency.
	(c)    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 (e);
	(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.
	(d)    For the purpose of determining whether a school in a
	school district is at full student capacity under Subsection